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Home My WebLink AboutRenton RFP Attach C - Draft Base Contract - FinalRFP draft: June 18, 2025 Garbage, Recyclables, and Compostables Service Contract City of Renton and April 1, 2027 - March 31, 2037 Contents 1 DEFINITIONS.................................................................................................................................................1 2 TERM............................................................................................................................................................7 3 CONTRACTOR REPRESENTATIONS AND WARRANTIES..................................................................................7 4 GENERAL COLLECTION REQUIREMENTS........................................................................................................7 4.1 SERVICE AREA.................................................................................................................................................7 4.2 ANNEXATION..................................................................................................................................................8 4.3 SERVICE TO RESIDENCES ON PRIVATE ROADS AND DRIVEWAYS.................................................................................8 4.4 HOURS/DAYS OF COLLECTION............................................................................................................................9 4.5 EMPLOYEE CONDUCT.......................................................................................................................................9 4.6 DISABLED PERSON SERVICE.............................................................................................................................10 4.7 HOLIDAY SCHEDULES......................................................................................................................................10 4.8 INCLEMENT WEATHER AND OTHER SERVICE DISRUPTIONS.....................................................................................10 4.9 SUSPENDING COLLECTION FROM PROBLEM CUSTOMERS.......................................................................................11 4.10 MISSED COLLECTIONS....................................................................................................................................12 4.11 SAME -DAY COLLECTION..................................................................................................................................13 4.12 CONTAMINATION MONITORING.......................................................................................................................13 4.13 ROUTING, NOTIFICATION, AND APPROVAL..........................................................................................................13 4.14 SPILLAGE......................................................................................................................................................13 4.15 PILOT PROGRAMS..........................................................................................................................................14 4.16 DISRUPTION DUE TO CONSTRUCTION................................................................................................................15 4.17 PERFORMANCE UNDER LABOR DISRUPTION........................................................................................................15 4.18 SAFEGUARDING PUBLIC AND PRIVATE FACILITIES..................................................................................................17 4.19 CONTRACT IMPLEMENTATION..........................................................................................................................17 4.20 TRANSITION OF CONTAINERS...........................................................................................................................18 4.21 HIRING PREFERENCE......................................................................................................................................19 5 PROCESSING AND DISPOSAL.......................................................................................................................19 5.1 PROCESSING RECYCLABLES AND COMPOSTABLES ..................................................................................................19 5.2 DISPOSAL DESTINATION & RESTRICTIONS...........................................................................................................20 6 FLEET AND CONTAINER REQUIREMENTS.................................................................................................... 20 6.1 VEHICLE AND EQUIPMENT REQUIREMENTS.........................................................................................................20 6.2 OPERATIONS BASE.........................................................................................................................................22 6.3 GENERAL CONTAINER REQUIREMENTS...............................................................................................................22 6.4 CARTS.........................................................................................................................................................23 6.5 DETACHABLE CONTAINERS AND DROP -BOX CONTAINERS.......................................................................................24 6.6 CONTAINER OWNERSHIP.................................................................................................................................25 6.7 CONTAINER COLORS AND LABELING..................................................................................................................25 6.8 CONTAINER WEIGHTS.....................................................................................................................................26 6.9 CONTAINER REMOVAL UPON CITY OR CUSTOMER REQUEST..................................................................................26 6.10 CONTAINER LOCKABILITY.................................................................................................................................26 6.11 CONTAINER CLEANING....................................................................................................................................26 7 SINGLE-FAMILY SERVICES........................................................................................................................... 27 7.1 SINGLE-FAMILY GARBAGE COLLECTION..............................................................................................................27 7.2 SINGLE-FAMILY RECYCLABLES COLLECTION.........................................................................................................28 7.3 SINGLE-FAMILY COMPOSTABLES COLLECTION......................................................................................................29 8 MULTIFAMILY AND COMMERCIAL SERVICES.............................................................................................. 30 8.1 MULTIFAMILY AND COMMERCIAL GARBAGE COLLECTION......................................................................................30 8.2 MULTIFAMILY AND COMMERCIAL RECYCLABLES COLLECTION.................................................................................31 8.3 MULTIFAMILY AND COMMERCIAL COMPOSTABLES COLLECTION..............................................................................32 9 OTHER COLLECTION SERVICES.................................................................................................................... 32 9.1 PERMANENT DROP -BOX CONTAINER GARBAGE COLLECTION.................................................................................32 9.2 TEMPORARY NON-EVENT) CONTAINER CUSTOMERS...........................................................................................33 9.3 SPECIAL EVENT SERVICES.................................................................................................................................34 9.4 ON -CALL BULKY WASTE AND SPECIAL ITEM COLLECTION.......................................................................................34 9.5 EXCLUDED SERVICES.......................................................................................................................................35 10 PROMOTION AND EDUCATION SERVICES................................................................................................... 35 10.1 OUTREACH FOR SINGLE-FAMILY CUSTOMERS......................................................................................................36 10.2 OUTREACH FOR MULTIFAMILY CUSTOMERS........................................................................................................36 10.3 OUTREACH FOR COMMERCIAL CUSTOMERS........................................................................................................37 10.4 OUTREACH AT CITY -SPONSORED COMMUNITY EVENTS.........................................................................................38 11 CITY SERVICES............................................................................................................................................. 38 11.1 MUNICIPAL SERVICES.....................................................................................................................................39 11.2 CITY -SPONSORED COMMUNITY EVENTS.............................................................................................................39 11.3 CITY DROP-OFF COLLECTION EVENTS.................................................................................................................40 11.4 PUBLIC SIDEWALK CONTAINERS........................................................................................................................40 12 CUSTOMER SERVICE...................................................................................................................................41 12.1 CUSTOMER SERVICE FUNCTIONS.......................................................................................................................41 12.2 FULL KNOWLEDGE OF GARBAGE, RECYCLABLES, AND COMPOSTABLES PROGRAMS REQUIRED.......................................41 12.3 CUSTOMER SERVICE LOCATION, HOURS, AND STAFFING........................................................................................42 12.4 CUSTOMER COMPLAINTS AND SERVICE REQUESTS................................................................................................42 12.5 HANDLING OF CUSTOMER CALLS......................................................................................................................43 12.6 CUSTOMER SERVICE MONITORING AND CORRECTIVE MEASURES............................................................................43 12.7 CONTRACTOR WEBSITE...................................................................................................................................43 12.8 CUSTOMER COMMUNICATIONS........................................................................................................................45 12.9 SERVICE HOLDS.............................................................................................................................................45 13 CUSTOMER BILLING AND RATES.................................................................................................................46 13.1 CUSTOMER RATES.........................................................................................................................................46 13.2 CONTRACTOR AND CITY DATA EXCHANGE..........................................................................................................46 13.3 CITY DATA FILES............................................................................................................................................46 13.4 CONTRACTOR DATA FILES...............................................................................................................................47 14 COORDINATION WITH CITY........................................................................................................................48 14.1 CITY CUSTOMER SERVICE................................................................................................................................48 14.2 MONITORING AND EVALUATION OF OPERATIONS................................................................................................48 14.3 OPERATIONS PLAN.........................................................................................................................................49 14.4 PERFORMANCE REVIEW..................................................................................................................................49 14.5 EMERGENCY RESPONSE..................................................................................................................................49 14.6 SITE PLANNING AND BUILDING DESIGN REVIEW..................................................................................................50 14.7 REPORTING..................................................................................................................................................50 14.8 TRANSITION TO THE NEXT CONTRACTOR............................................................................................................53 15 COMPENSATION.........................................................................................................................................54 15.1 COMPENSATION TO THE CONTRACTOR...............................................................................................................54 15.2 CONTRACTOR INVOICE AND PAYMENT...............................................................................................................54 15.3 COMPENSATION ADJUSTMENTS........................................................................................................................54 15.4 CHANGE IN LAW............................................................................................................................................56 16 FAILURE TO PERFORM, REMEDIES, TERMINATION..................................................................................... 56 16.1 PERFORMANCE FEES......................................................................................................................................56 16.2 CONTRACT DEFAULT......................................................................................................................................59 17 GENERALTERMS.........................................................................................................................................61 17.1 NOTICES......................................................................................................................................................61 17.2 COLLECTION RIGHTS.......................................................................................................................................61 17.3 ACCESS TO RECORDS......................................................................................................................................62 17.4 INSURANCE...................................................................................................................................................62 17.5 PERFORMANCE BOND....................................................................................................................................64 17.6 INDEMNIFICATION..........................................................................................................................................64 17.7 CONFIDENTIALITY OF INFORMATION..................................................................................................................66 17.8 ASSIGNMENT OF CONTRACT............................................................................................................................66 17.9 LAWS TO GOVERN/VENUE..............................................................................................................................67 17.10 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS................................................................................67 17.11 PERMITS AND LICENSES..............................................................................................................................68 17.12 RELATIONSHIP OF PARTIES..........................................................................................................................68 17.13 CONTRACTOR'S RELATIONSHIP WITH CUSTOMERS...........................................................................................68 17.14 BANKRUPTCY/RECEIVERSHIP.......................................................................................................................68 17.15 RIGHT TO RENEGOTIATE/AMEND.................................................................................................................68 17.16 FORCE MAJEURE......................................................................................................................................69 17.17 SEVERABILITY/ILLEGALPROVISIONS..............................................................................................................70 17.18 WAIVER..................................................................................................................................................70 17.19 INCORPORATION OF CONTRACTOR'S PROPOSAL IN RESPONSE TO CITY'S REQUEST FOR PROPOSALS ...........................70 17.20 DISPUTE RESOLUTION................................................................................................................................70 17.21 ENTIRETY................................................................................................................................................70 EXHIBITS Exhibit A: Service Area Map Exhibit B: Contractor Rates (2026) Exhibit C: Recyclable Materials to be Collected Exhibit D: Rate Modification Examples Exhibit E: Public Sidewalk Containers This Garbage, Recyclables, and Compostables Services Contract (hereafter, "Contract") is entered into this day of , 2025 (hereafter the "Date of Execution"), by and between the City of Renton, a municipal corporation (hereafter "the City"), and (hereafter "Contractor"), and collectively the "Parties." RECITALS WHEREAS, the City has conducted a competitive process to select a Contractor to provide garbage, recyclables, and compostables services ("Services") to all residents and commercial Customers located within the Service Area; and WHEREAS, having completed the competitive process, the City has selected the best candidate to provide the Services outlined in the competitive process; and WHEREAS, the Contractor represents and warrants that it has the experience, resources, and expertise necessary to perform the Services as requested in the competitive process; and WHEREAS, the City desires to enter into this Contract with the Contractor for the Services outlined in the competitive process and included below; NOW, THEREFORE, in consideration of the mutual covenants, agreements, and promises herein contained, and incorporating the Recitals noted above, the City and Contractor do agree as follows: AGREEMENT DEFINITIONS The following definitions apply to terms used in this Contract: Bulky Waste: Discrete items of Garbage of a size or shape that precludes collection in regular collection Containers. Bulky Waste includes large appliances (such as refrigerators, freezers, stoves, dishwashers, clothes washing machines, or dryers), water heaters, furniture (such as chairs, tables, shelves, cabinets, or sofas), televisions, mattresses, and other similar large items placed at the Curb as discrete, separate items. Bulky Waste does not include piles of debris, car parts, construction or demolition debris, Unacceptable Waste, or stumps. Call Center Hours: 7:00 a.m. to 7:00 p.m. Pacific time, Monday through Friday. 8:00 a.m. to 5:00 p.m. Pacific time, Saturday. Can: A receptacle that is a Customer -provided water -tight galvanized sheet -metal or plastic container not exceeding thirty-two (32) gallons in capacity; fitted with two (2) sturdy looped handles, one on each side. Owners shall keep all Cans rodent- and insect -resistant and sanitary. Cart: A Contractor -provided twenty (20), thirty-two (32), thirty-five (35), forty-five (45), sixty-four (64), or ninety-six (96) gallon wheeled receptacle with attached lid suitable for collection, storage, and Curbside placement of Garbage, Recyclables, or Compostables. Carts shall be rodent- and insect - resistant. Change of Control: Any single transaction or series of related transactions by which the beneficial ownership of more than fifty percent (50%) of the voting securities of the Contractor is acquired by a person or entity or by a related or affiliated group of persons or entities, who as of the Date of Execution of the Contract do not have such a beneficial interest; provided, however, that intra-company 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 Date of Execution of the Contract, and transactions effected on any securities exchange registered with the U.S. Securities and Exchange Commission, shall not constitute a Change in Control. Commercial Customer: Non-residential Customers, including businesses, institutions, governmental agencies, and all other users of commercial -type Garbage collection services. Compostables: Any organic waste material that is Source -separated for processing or composting, such as Yard Debris, clean scrap wood, Food Scraps, and accepted compostable bags and packaging that meet ASTM D6400 or ASTM D6868 standards generated by any Residential, Multifamily, or Commercial Customers. Shredded uncontaminated paper shall be accepted as a Compostable material unless disallowed by the Contractor's composting processor. Container: Any Can, Cart, Detachable Container, or Drop -box Container used in the performance of this Contract, including both non -compacted and compacted Containers. Contract: This Contract for Garbage, Recyclables, and Compostables Services. Contract Term: Term of this Contract as provided for in Section 2. Contractor: , which has been hired to provide all Services identified in this Contract, including, but not limited to, collecting, transporting, and disposing of Garbage and collecting, processing, marketing, and transporting of Recyclables and Compostables. County/county: King County in Washington State. Curb or Curbside: Customers' property within five feet (5') of the Public Street or Private Road (or on the sidewalk without completely obstructing the sidewalk if there is no Customer property within five feet (5') of the Public Street or Private Road) without blocking driveways or on -street parking. If extraordinary circumstances preclude such a location, Curbside shall be considered a placement suitable to the Customer, convenient to the Contractor's equipment, and mutually agreed to by the City and the Contractor. Customer: All accountholders of the Contractor's services within the Service Area under this Contract, who may be either the premise's occupant and/or the owner where the Services herein mentioned are rendered. Customer Service: The assistance, advice, and information provided by the Contractor to Customers and potential Customers within the Service Area. Date of Commencement of Service: April 1, 2027, the date that the Contractor agrees to commence the provision of Services as described throughout this Contract. 2 Date of Execution: The date the signatories execute this Contract. Detachable Container: A watertight metal or plastic receptacle for loose or compacted material, equipped with a tight -fitting cover, capable of being mechanically unloaded into a collection vehicle, and not less than one (1) cubic yard or greater than eight (8) cubic yards in capacity. Also referred to as a dumpster. Driveway: A privately -owned and maintained way that connects a Residence or parking area/garage/carport with a Private Road or Public Street. Drop -box Container: A watertight all -metal receptacle for loose or compacted material, with ten (10) cubic yards or more capacity, and capable of being loaded onto a specialized collection vehicle. Also referred to as a roll off. Environmental Law: Any applicable federal, state, or local law, statute, regulation, code, or ordinance or federal or state administrative rule, regulation, ordinance, order, decree, or other governmental authority as now or at any time hereafter in effect pertaining to the protection of human health or the environment. Extra Unit: Excess material that does not fit in the Customer's primary Container. An Extra Unit equals thirty-two (32) gallon equivalent for Cart Customers and one half (1/2) cubic yard for Detachable Containers. Food Scraps: All compostable pre- and post -consumer food waste, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds, or eggshells, and food -soiled paper, such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, or other paper or compostable food -service products accepted by the Contractor's selected composting site. Food Scraps shall not include dead animals, plastics, diapers, cat litter, liquid wastes, ashes, pet wastes, or other materials prohibited by the selected composting facility. Garbage: All putrescible and non-putrescible solid and semi -solid wastes, including, but not limited to, rubbish, small quantities of bagged cold ashes, demolition and construction wastes, small dead animals completely wrapped in plastic and weighing less than fifteen (15) pounds, and discarded commodities that Customers place in appropriate Containers, bags, or other receptacles for the Contractor's collection and disposal. "Garbage" shall not include Hazardous Waste, Source -separated Recyclables, or Source -separated Compostables. Needles or "sharps" used to administer or ingest medication can be included in the definition of "Garbage" if placed within a sealed, secure container as agreed by the Parties, consistent with the current County sharps policy. Hazardous Waste: Any hazardous, toxic, or dangerous waste, substance, material, contaminant, pollutant, or chemical, known or unknown, defined or identified as such in any existing or future federal, state, or local law, statute, code, ordinance, rule, regulation, guideline, decree, or order relating to human health or the environment or environmental conditions, including but not limited to any substance: A. Defined as hazardous by 40 C.F.R. Part 261.3 and regulated as Hazardous Waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and 3 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., as may be amended; 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 WAC 173-303-040, as may be amended, and regulated as dangerous waste or extremely hazardous waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70A.300 RCW, or any other State statute, regulation or rule governing the treatment, storage, handling, or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70A.300 RCW; and C. Any substance that comes within the scope of this definition after the Date of Execution of this Contract. Any substance that ceases to fall within this definition after the Date of Execution of this Contract shall not be deemed Hazardous Waste. King County Disposal System: The areas owned, leased, or controlled by King County, Washington, for Garbage disposal or such other site as the current King County Comprehensive Solid Waste Management Plan and the Amended and Restated Solid Waste Interlocal Agreement between Renton and King County may authorize. Labor Disruption: Labor Disruption means any concerted activity, including but not limited to, strikes, sympathy strikes, work stoppages, picketing, slowdowns, hand billing, boycotts, or other work interference impacting the Contractor's ability to provide Services under this Contract. Multifamily: A multiple -unit Residence with three (3) or more attached or unattached dwellings billed collectively for collection service with shared Containers, or individual Containers for each Residence where approved by the City. Office Hours: 8:00 a.m. to 5:00 p.m. Pacific time, Monday through Friday. On -call: The provision of specified services only upon the Customer's direct phone, written, emailed or electronic request to the Contractor. Party/Parties: Either the City or the Contractor. Private Road: A privately -owned and maintained way that allows access, turnaround, or safe backing by a service vehicle and serves one (1) or multiple Residences. Public Street: A public street right-of-way used for public travel by motor vehicles, including public alleys. Recycling: The preparation, collection, transport, processing, and marketing of Recyclables. 4 Recyclables: As listed in Exhibit C, the materials that are designated as part of a Residential or Commercial Recycling collection program. Residence(s)/Residential: A Single-family and/or Multifamily living space individually rented, leased, or owned. Renton: The City of Renton, King County, Washington. As used in the Contract, it includes the Renton official holding the office of Public Works Department Administrator, or their designated representative. Services: The comprehensive Garbage, Recyclables, and Compostables collection, processing, and disposal services provided by the Contractor pursuant to the Contract. Service Area: The initial service area boundaries shall be a portion of the corporate boundaries of Renton, which are currently shown in Exhibit A. In the event of a change to the corporate boundaries of Renton, the Service Area may be changed under Section 4.2. Single-family Residence: All one -unit houses, duplexes, and mobile homes billed for collection service individually and located on a Public Street or Private Road. Source -separated: Certain reclaimable materials that are separated from Garbage by the generator for Recycling or reuse, including but not limited to Recyclables, Compostables, certain Bulky Waste, and other materials. Spillage: Spillage includes, but is not limited to, any Garbage, Recyclables, Compostables, petroleum products, and automotive fluids spilled onto the ground surface, storm sewer and/or drain system, surface water, groundwater, or watercourses during the Contractor's collection and disposal operations. This definition also includes violations of Renton Municipal Code 4-6-030: Drainage and Water Quality (Surface Water) Standards. State/state: The State of Washington. Strike Contingency Plan: The plan developed by the Contractor pursuant to Section 4.17 of this Contract. Transition and Implementation Period: The entire period following the Date of Execution of this Contract, up through and including the six (6) month period following the Date of Commencement of Services. Transition and Implementation Plan: The plan developed by the Contractor pursuant to Section 4.19 of this Contract. Unacceptable Waste: Highly flammable substances, Hazardous Waste, liquid wastes, special wastes, certain pathological and biological wastes, explosives, toxic materials, radioactive materials, materials that the disposal facility is not authorized to receive and/or dispose of, and other materials that federal, state, or local law, or the Contractor reasonably deems to be dangerous or threatening to health or the environment, or which cannot be legally accepted at the applicable disposal facility. WUTC: Washington Utilities and Transportation Commission. 5 Yard Debris: Leaves, grass clippings, non -noxious weeds, prunings, and branches. 2 TERM The Term of this Contract is ten (10) years starting on the Date of Commencement of Service. The City may, at its sole option, extend the agreement for one (1) extension, which shall not exceed two (2) years in duration. The extension shall be under the terms and conditions of this Contract, as the Parties may agree. To exercise its option to extend this Contract, the City shall give notice to the Contractor no less than ninety (90) calendar days before the expiration of the Contract term. 3 CONTRACTOR REPRESENTATIONS AND WARRANTIES The Contractor represents and warrants to the City as follows: • Organization and Qualification. Under state laws, the Contractor is duly incorporated, validly existing, and in good standing. It has all requisite corporate power and authority to enter and perform its obligations under this Contract. • Authority. This Contract constitutes a valid, legally binding, and enforceable obligation of the Contractor. This Contract has been validly executed by an authorized representative of the Contractor, with the authority to sign on behalf of and bind the Contractor. • Government Authorizations and Consents. The Contractor has or will obtain at its sole cost before the Date of Commencement of Services any such licenses, permits, and other authorizations from federal, state, and other governmental authorities as are necessary for performing its obligations under this Contract. • Accuracy of Information. None of the representations or warranties in this Contract, and none of the documents, statements, reports, certificates, or schedules furnished or to be furnished by the Contractor pursuant to this Contract or in connection with the performance of the obligations contemplated under this Contract, at any time contain untrue statements of a material fact or omissions of material facts. Independent Examination. In accepting these responsibilities, the Contractor represents and affirms that it has examined all conditions affecting the performance of this Contract, currently and into the future, and of the quantity, quality, and expense of labor, equipment, vehicles, facilities, properties, materials needed, and of applicable taxes, permits, and applicable laws. The Contractor affirms that within the Service Area, it knows all Containers' present placement and location. The Contractor represents and warrants that it is capable of collecting all Containers from their present locations and providing service to and collection of Containers in any areas of the Service Area that may be built out or developed during the term of this Contract. 4 GENERAL COLLECTION REQUIREMENTS 4.1 Service Area The Contractor shall provide all Services pursuant to this Contract throughout the entire Service Area. 7 4.2 Annexation If, during the term of the Contract, the City adds additional territory through annexation within which the Contractor has an existing WUTC certificate or other franchise for Garbage or other collections, the Contractor shall, from the date of annexation, make collections in the annexed area in accordance with the provisions of this Contract at the unit prices set forth in this Contract. The Contractor agrees that its WUTC certificate(s) applicable to the annexed area shall be cancelled, effective on the date of annexation by the City. The Contractor expressly waives and releases its right to claim any and all damages or compensation from the City, its officers, its agents, or its assigns arising out of the cancellation of any pre-existing permit or franchise held by the Contractor prior to annexations. The Contractor further waives the right to receive any additional compensation or any rights of collection in the newly annexed territory. If, during the term of the Contract, the City adds additional territory through annexation within which the Contractor does not have an existing WUTC certificate or other franchise for Garbage or other collections, the City may grant a franchise to the firm or corporation holding the existing WUTC certificate or franchise for such collection to continue such collections for no less than seven (7) years, as required by RCW 35A.14.900. If the City purchases or acquires the franchise, upon the City's written notification the Contractor shall make collections in the annexed territory under the provisions of this Contract at the unit price set forth in this Contract. The City will indemnify, hold harmless, and defend the Contractor from any and all claims, actions, suits, liability, loss, costs, expenses, and damages, including reasonable costs and attorney fees, specifically, and only, as related to the Contractor's authority to provide service in such annexed territory under this Contract. If additional territory is added to the Contract Service Area, the City acknowledges that equipment, such as Contract -compliant vehicles and Containers, may take time to procure and, therefore, shall not charge performance fees as outlined in Section 16.1 to the Contractor for reasonable delays in the provision of services to annexed areas covered by this section due to procurement delays that are not within the control of the Contractor. 4.3 Service to Residences on Private Roads and Driveways The Contractor shall provide Curbside service to all Residences located on Private Roads, except as noted in this section. The Contractor may use smaller limited -access service vehicles to service those Customers. Drive-in Contractor rates are to be used only for requested service on Driveways and are prohibited on Private Roads. If the Contractor believes that a Private Road cannot be safely negotiated or that providing walk-in service on Driveways for Single-family Residence Customers is impractical due to distance or unsafe conditions, the Contractor shall document the condition for the City and the Customer and provide safe and appropriate alternative service to the Customer. If the Contractor believes there is a probability of Private Road or Driveway damage due to the Contractor's vehicles for servicing or turning around, the Contractor shall inform both the respective Customer(s) and the City and utilize limited access collection vehicles. If the probability of damage is not resolved by using a limited access collection vehicle, the Contractor may require a road damage waiver agreement for the limited access collection vehicle in a City -approved form. If the Customer(s) refuse to H., sign such a road damage waiver, the Contractor may decline to provide service on those Private Roads or Driveways, and the Customer(s) will only be serviced from the closest Public Road access. 4.4 Hours/Days of Collection The Contractor shall make all collections from Single-family Residences and Residential zones, including mixed use areas, between 7:00 a.m. and 5:00 p.m. on a consistent weekday unless the City authorizes a temporary extension of hours or days. Collection from Single-family Residences is allowed on Saturday consistent with holiday schedules (Section 4.7) and inclement weather schedules (Section 4.8). The Contractor shall make all collections from Commercial Customers between 5:00 a.m. and 5:00 p.m., provided that service to those Customers shall neither disturb Residential Customers in adjoining Residential zoned areas nor violate the noise provisions of the Renton Municipal Code. The Contractor shall make all collections from Commercial Customers within audible distance of Residential Customers between 7:00 a.m. and 5:00 p.m. On Saturdays, Commercial and Multifamily collections shall be performed between 9:00 a.m. and 5:00 p.m. On -call Bulky Waste and On -call Recyclables collection shall occur Monday through Friday. Exemptions to the hour requirements may be granted in writing in advance by the City where allowed by the Renton Municipal Code. Collection before or after the times specified in this section without a written exemption from the City shall be cause for performance fees as described in Section 16.1. 4.5 Employee Conduct The Contractor's employees collecting Garbage, Recyclables, or Compostables shall always be courteous; refrain from loud, inappropriate, or obscene language; exercise due care; perform their work without delay; minimize noise; and avoid damage to public and private property. The Contractor's employees shall make collections in an orderly and quiet manner. They shall return all Containers upright, with lids closed and attached, to their designated set -out location. While performing work under the Contract, the Contractor's employees shall wear a professional and presentable uniform with a company emblem visible to the average observer and carry photo identification on their person. If on private property, Contractor employees shall follow the regular pedestrian walkways and paths, returning to the street after replacing empty Containers. Contractor employees shall not trespass; loiter; cross flowerbeds, hedges, planting strips, or property of adjoining premises; or meddle with a property that does not concern them or their task. At the City's option and direction, the Contractor's employees shall work with groups or organizations in the Service Area, such as neighborhood community organizations, homeowner associations, utilities, the Renton Police Department, or the Renton Regional Fire Authority, for training to recognize and call the appropriate agency when suspicious activities are observed. If any person employed by the Contractor to perform collection services is, in the sole 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 is corrected. The Contractor shall promptly investigate any written complaint from the City regarding any unsatisfactory performance by any of its employees and M take immediate corrective action. The City reserves the right to request that the person be immediately removed from all performance of additional work under this Contract. Any such request made by the City shall not be unreasonably denied by the Contractor. Repetition of complaints on a route after notification under this section shall be cause for performance fees as described in Section 16.1. 4.6 Disabled Person Service The Contractor shall provide roll -out service for Garbage, Recyclables, and Compostables to Single- family Residence Customers in cases where no household member can place Containers at the Curb. The Contractor shall provide such roll -out service at no additional charge. The Contractor shall establish criteria that are fair and meet the needs of the City's disabled residents when determining whether a household member is unable to place Carts at the Curb. These criteria shall comply with all federal, state, and local regulations and shall be subject to the City's review and approval before program implementation. 4.7 Holiday Schedules The Contractor shall observe the same holiday schedule as the King County transfer stations. Martin Luther King, Jr. Day will also be considered an observed collection holiday if the Contractor's collective bargaining agreement with its Renton staff includes this holiday. When observed holidays fall on a regular collection day, the Contractor shall reschedule the remainder of the week of regular collection to the next succeeding business day, including Saturdays. Due to a holiday, the Contractor may not collect Single-family or Multifamily Garbage, Recyclables, or Compostables earlier than the regular collection day. Commercial collections may be made one (1) day early only with the consent of the Commercial Customer. Holiday scheduling information shall be included in written program materials, on the Contractor's website or social media accounts, and by press releases to general news media by the Contractor in the Service Area a week before the holiday affecting service. 4.8 Inclement Weather and Other Service Disruptions When weather conditions, other service disruptions, or Force Majeure are such that continued operation would endanger area residents, property, or Contractor employees, the Contractor shall collect only in areas that do not pose a danger. The Contractor shall notify the City by 6:00 a.m. that same business day of its collection plans for each day that inclement weather or other service disruptions are experienced. If disruptions start after 7:00 a.m., the Contractor shall notify the City within one (1) hour of a decision to change collection plans. At the close of each service day during a service disruption and recovery, the Contractor shall email a status report to the City, including counts of unserved Customers by sector and waste stream, maps of unnerved areas, recovery plans for the following days, Customer communications completed and planned, and other relevant updates. The Contractor shall collect Compostables from interrupted Single-family services on Customers' next regular collection day when service resumes. The Contractor shall collect Garbage and Recyclables from interrupted every -other -week Single-family services on the Saturday immediately following the interrupted service day. If multiple days of services are interrupted, then the Parties shall coordinate on 10 a plan to effectively recover Single-family services. If directed by the City, the Contractor shall postpone scheduled weekly Single-family Compostables service during the service recovery period to ensure collection resources are available to recover interrupted every -other -week Garbage services on those Customers' off -week' from Garbage collection. The Contractor shall collect Garbage, Compostables, and Recyclables from interrupted Multifamily and Commercial services as soon as the Contractor is able to safely do so, including Saturday collection. The Contractor shall collect reasonable accumulated volumes of Garbage, Recyclables, and Compostables equal to what would have been collected on the missed collection day(s) from Customers at no extra charge. At the City's discretion, the City may grant the Contractor temporary authorization to perform collection services after 5:00 p.m. immediately following disruptions. If successive disruptions impact entire neighborhoods, the Contractor shall provide temporary Single- family Garbage and Recyclables collection sites using Contractor -staffed Drop -box Containers or other suitable equipment, with no additional charge for such temporary service. For days when temperatures in the Service Area are forecasted to exceed ninety degrees Fahrenheit (90°), the Contractor may start collecting from Customers at 6:00 a.m. To start collections early, the Contractor must request permission from the City at least forty-eight (48) hours in advance. If the City allows the Contractor to start collections early, the Contractor shall notify impacted Customers immediately via website updates, outdialer calls, and electronic notifications. The Contractor shall provide a no -cost return trip to any Customer who may be missed due to the early collection. The Contractor and the City shall mutually approve an Operations Plan, under Section 14.3, which shall include a service disruption and recovery plan. The Operations Plan can include mutually agreed modifications to service recovery elements specified in this Section 4.8 that better serve the Customers. The Contractor's website and annual Customer guides shall include an explanation of all holiday and weather/disruption collection policies. On each day of inclement weather or service delays, the Contractor shall release notices of service suspension and alternative collection schedules to a media list approved by the City, notifying Customers of the modification to the collection schedule. The Contractor shall use automated dialing services, email, or text messages to inform Customers at the route level about service changes, provided that Customers shall be provided the option of using their preferred method or opting out of communications. The Contractor shall update its website and any City -specific social media account(s) with disruption - related messaging and provide the City with appropriate social media language as soon as possible, but at least by 9:00 a.m. on the day of disruptions. If disruptions occur after 9:00 a.m., the Contractor shall update its website and any City -specific social media account(s) with disruption -related messaging and provide the City with social media appropriate language social media accounts within one (1) hour of a decision to change collection plans. 4.9 Suspending Collection from Problem Customers The City and the Contractor acknowledge that, in rare cases, some Customers may cause disruptions or conflicts that make continued service to that Customer unsafe or unreasonable. Those disruptions or conflicts may include, but are not limited to, repeated damage to Contractor -provided Containers, 11 overweight Containers, threatening or intimidating behavior toward the Contractor, repeated suspect claims of timely set -out followed by demands for return collection at no charge, repeated unsubstantiated claims of Contractor damage to a Customer's property, repeated contamination of Recyclables or Compostables, or other such problems. The Contractor shall make every reasonable effort to provide service to problem Customers; however, the Contractor may discontinue service to a problem Customer after giving the City prior written notice of its intent to discontinue service, including the name, service address, reason for such action, and whether reasonable efforts to accommodate the Customer and provide services have occurred and failed. The City may also require the Contractor to discontinue service to any Customer abusing the service or who is determined to be ineligible. If the Customer submits a letter or email to the City appealing the Contractor's decision, the City may, at its discretion, intervene in the dispute. In this event, the City's decision shall be final. For problem Customers whose service has been suspended, the Contractor shall include information on Customers' service address, current service levels, and date of suspension in the data files the Contractor regularly sends to the City, as described in Section 13.4. Customers with suspended service will be billed by the City at the minimum service level. 4.10 Missed Collections Customers shall set out materials by the time collection is scheduled to commence. The Contractor's failure to collect such properly set out Garbage, Recyclables, or Compostables by 5 p.m. on the schedule day of collection shall be considered a missed collection. The Contractor shall collect the materials from the Customer within one (1) business day of the Contractor's receipt of notification of the missed collection. Missed collection shall be subject to relevant performance fees listed in Section 16.1. If the Contractor is notified of a missed collection by 12:00 p.m. the following business day, the missed collection shall be collected that same day. The Contractor shall maintain an electronic record of all Customer requests related to missed collections and the response provided by the Contractor. Such records shall be made available for inspection upon request by the City, and the information shall be included in monthly reports as described in Section 14.7. The Contractor shall take time -stamped photos of Containers set out improperly or not set -out by the scheduled collection time. The Contractor shall have the photos attached to the Customer's account records. The Contractor will not be responsible for a missed collection in these cases, and if the Customer still requests a return collection, then the Contractor can charge the return trip fee. The Contractor shall inform the Customer at the time of the request if there is a charge for the return trip. If Customers inappropriately set out, improperly prepare, or contaminate their Garbage, Recyclables, or Compostables with unacceptable materials, the Contractor shall place in a prominent location on the Container a written notification tag that identifies the specific problem(s) and reason(s) for rejecting the materials for collection. Failure to provide proper written notification to Customers, per the contamination monitoring referenced in Section 4.12, of the reason for rejecting Garbage, Recyclables, or Compostables shall be considered a missed collection and subject to performance fees, as established in Section 16.1, due to lack of proper Customer notification. The provisions in this paragraph may be revised and superseded by the annual promotion and education program (and contamination reduction plan) developed each year by the Contractor and the City. 12 4.11 Same -Day Collection Collection of Garbage, Recyclables, and Compostables shall occur on the same regularly scheduled day of the week for Single-family Customers. Collection of Garbage, Recyclables, and Compostables for Multifamily and Commercial Customers can be scheduled on different days for each material. 4.12 Contamination Monitoring The Contractor shall visually inspect Recyclables and Compostables Containers before or during servicing. If the Contractor finds that more than five percent (5%) contamination is present in the Container, the Contractor shall document the contamination on the Customer's account and attach a tag to the contaminated Container, noting the specific concerns for the Customer. If contamination is observed through a photograph(s) or video recording technology on collection vehicles, the Contractor shall email a notification and image of the contamination to the Customer within one (1) business day if the Customer has provided an email address. The Contractor shall also send the Customer educational materials and resources for proper Recycling. Additional Contractor follow-up regarding Customer contamination is described in Section 14.8. 4.13 Routing, Notification, and Approval The Contractor shall indicate, on a 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 collection day by giving notice to the City at least forty-five (45) calendar days before the effective date of the proposed change and obtaining the City's written approval. The City shall not unreasonably withhold such approval. On the City's approval, the Contractor shall provide affected Customers with at least thirty (30) calendar days' written, phone, email, and/or app-based notice, notice of pending collection day changes. Routing changes shall be implemented to ensure that no Customer shall receive less than their normal frequency of service (e.g., a weekly Customer shall have no more than seven (7) calendar days between collection days during the shift to the new collection date). The route map(s) shall be updated and provided to the City within thirty (30) calendar days of changes in routing. The Contractor shall maintain routes such that Garbage, Recyclables, and Compostables collected from Service Area Customers shall be kept separate from non -Service Area customers. Mixing of material in the collection vehicle between the Service Area and non -Service Area shall be cause for performance fees as described in Section 16.1. 4.14 Spillage All loads collected by the Contractor shall be completely contained in collection vehicles at all times, except when material is loaded. The Contractor shall not spill, leak, emit, discharge, dispose, or allow to escape any materials, whether solids or liquids, onto the ground or the into the storm sewer and/or drain system, surface water, groundwater, or watercourses. The Contractor shall frequently clear the 13 hoppers on all collection vehicles to prevent the occurrence of unnecessary blowing, leakage, or scattered debris. Any Spillage during collection shall be cleaned up or removed at the Contractor's sole expense. The Contractor shall clean up or remove the Spillage immediately, but no longer than within four (4) hours of its knowledge of the Spillage. The Contractor shall immediately notify the City -designated spill hotline of any spill events to the ground surface or that enter the municipal separate storm sewer system at 425- 430-7400. All Contractor vehicles shall be equipped with spill response kits and all drivers shall be trained in spill response. The Contractor shall document the Spillage, including taking pictures before and after clean up or removal, and shall provide this documentation to the City following completion of cleanup activities but no later than the next business day. The Contractor shall also report all spills to the Washington State Department of Ecology within twenty-four (24) hours at 206-594-0000 or nwroerts@ecy.wa.gov. For emergency or Hazardous Waste spills, including emergency dumping in the Service Area of hot or burning loads, the Contractor shall immediately call 911, the City's spill hotline at 425-430-7400, and the Washington State Department of Ecology at 206-594-0000. Spillage not cleaned up or removed by the Contractor promptly shall be cause for performance fees, as described in Section 16.1, and may be subject to fines and penalties under the Renton Municipal Code. The City reserves the right to use its own labor, equipment, and/or material resources to complete the cleanup if the spill is not cleaned up to the City's satisfaction and established standards and to seek reimbursement from the Contractor for the use of the City's resources. The Contractor expressly acknowledges it is solely responsible for any federal, state, or local violations that may result from any spill. Any Contractor -supplied Container determined to be leaking shall be replaced by the Contractor within one (1) business day of notification. Failure of the Contractor to comply shall be cause for performance fees, as described in Section 16.1. 4.15 Pilot Programs During this Contract's term, the City may wish to test and/or implement one (1) or more new services or developments in waste stream segregation, materials processing, or collection technology. The City shall notify the Contractor in writing at least ninety (90) calendar days before it intends to implement a pilot program or utilize a new technology system on a partial or Service Area -wide basis or as negotiated between the City and the Contractor. If the City deems the pilot a success and desires to incorporate the service or development represented in the pilot program in the terms of this Contract, the City and the Contractor agree to negotiate in good faith and following Section 17.21 to include the provisions of the pilot program into this Contract, including any costs or savings to be accrued and timeline for implementation. The costs incurred or savings accrued by City -initiated pilot programs shall be negotiated before implementation. The City shall not implement any pilot program that conflicts with the Contractor's exclusive rights granted by this Contract. Contractor -initiated pilot programs shall require prior written notification to and written approval by the City. Contractor -initiated pilot programs shall be performed at no additional charge; however, costs 14 incurred or savings accrued may be subject to negotiations before pilot implementation at the City's request. The results of any Contractor -initiated pilot program shall be reported to the City in the monthly reports described in Section 14.7. The Contractor shall not be required to test or implement any pilot program, new technology, service, or development unless the terms and conditions (including any savings or additional compensation to the Contractor) have been mutually agreed in writing by the Parties. 4.16 Disruption Due to Construction The City reserves the right to construct any improvement or to permit any such construction in any Public Street 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 and the City shall develop a reasonable workaround to enable the Contractor to continue to collect Garbage, Recyclables, and Compostables to the nearest extent possible as though no interference existed upon the streets or alleys normally traversed. This shall be done at no extra expense to the City or its Customers. 4.17 Performance Under Labor Disruption No later than ninety (90) calendar days before the expiration of any labor agreement associated with services performed under this Contract, the Contractor shall provide the City in writing with its planned response to labor actions that could compromise the Contractor's performance under this Contract. The planned response will take the form of a Contractor -prepared Strike Contingency Plan and shall address the following in detail: The Contractor's specific staffing plan to cover Contract Services, including identification of staff resources moved from out -of -area operations and the use of local management staff to provide basic services. The staffing plan shall be sufficient to recover full operations within seven (7) calendar days following the initiation of the Labor Disruption. Contingency training plans to ensure that replacement and management staff operating routes can continue to collect route data and follow collection and material delivery procedures for all material streams collected from Customers. 3. Identification of at least four (4) temporary locations throughout the Service Area for Customers to bring Garbage, Recyclables, and Compostables. The Contractor shall staff each location and provide Containers and vehicles to collect materials from Customers. The City shall review these proposed locations and methods of collection and approve or deny them in writing. For all temporary collection sites identified in the Contractor -prepared Strike Contingency Plan, the Contractor shall list the property owner/lessee's contact information and the date on which permission for temporary use was received. 4. A recovery plan to address how materials will be collected in the event of a short -notice Labor Disruption that does not allow the Contractor to collect all materials on their regular schedule (e.g., a wildcat strike) within seven (7) calendar days following the initiation of the Labor Disruption. Except to the extent necessary to preserve the Contractor's attorney -client privilege and attorney work product rights, the Contractor shall keep the City informed on a timely basis of the status of active labor negotiations affecting Contract Services, specifically during the period surrounding the end of employment contracts with Contractor employees. 15 If Labor Disruptions of the Contractor's operations cause reductions in Contract Services, the Contractor shall inform the City's Solid Waste Program Manager within three (3) hours by phone and email of the nature and scope of the Labor Disruption, as well as the Contractor's immediate plans to activate some of or its entire Strike Contingency Plan. At the close of each service day during a Labor Disruption, the Contractor shall report to the City's Solid Waste Program Manager via email the areas (per a detailed map) and Customer counts of un-served Customers per Customer sector and per material stream. For Labor Disruptions at Customer sites or other third -party sites, the Contractor shall continue to provide uninterrupted services without delays. The Contractor shall update its website and any City -specific social media account(s) with messaging of any service delays or service changes due to Labor Disruption by Contractor staff and provide the City with appropriate social media language as soon as possible, but at least by 8:00 a.m. on the day(s) that Services will be disrupted. The Contractor shall provide make-up collection on Saturday for any Single-family Garbage and Recyclables collection Customers missed during the preceding week. If a Labor Disruption lasts more than one (1) full Single-family Residential collection cycle, the Contractor, with the City's approval, shall provide staffed Containers and collection vehicles from 9:00 a.m. to 6:00 p.m. for Customer use for each affected material stream in approved locations throughout the affected route areas, as well as the collection of reasonable quantities of accumulated materials at no additional charge on the next regular collection cycle for each material. The Contractor shall not be paid for services not performed due to a Labor Disruption and shall provide a credit on the City invoice for the missed services. The City and the Contractor agree that the following special compensation and performance fees reflect the best estimate of the impacts of the Labor Disruption on Customers and the City. Any of the cost reimbursements or performance fees delineated below shall be deducted from the City's monthly payment to the Contractor: 1. Cost reimbursement of five thousand dollars ($5,000) for each day of Labor Disruption to reimburse staffing and other costs for managing the impacts of the Labor Disruption; 2. Performance fee of ten thousand dollars ($10,000) a day for each day of Labor Disruption from the first (15Y) day to the seventh (7th) day of the Labor Disruption; 3. Performance fee of twenty thousand dollars ($20,000) a day for each day of Labor Disruption from the eighth (8th) day to the fourteenth (14th) day of the Labor Disruption; and 4. Performance fee of forty thousand dollars ($40,000) a day for each day of Labor Disruption for every day beyond the fourteenth (14th) day of Labor Disruption. The performance fees listed 2 through 4 above are intended to apply to any complete work stoppage where the Contractor does not provide an alternative but substantially equivalent service by non- striking employees. In the event substantially equivalent service is provided by the Contractor through the employment of non -striking employees at any point during the Labor Disruption, the Contractor is 16 entitled to reduce the performance fees that otherwise would be due on a pro-rata basis, based on the percentage of Contract Services provided to Customers on that day. Given the nature of the failure arising from Labor Disruptions, the Contractor shall not be allowed any cure period opportunity or rectification process, provided that the City may elect to receive the equivalent value of additional services, as negotiated, in lieu of these specific performance fees. The Contractor's failure to comply with this section's Contractor -prepared Strike Contingency Plan shall be subject to a special fee of twenty thousand dollars ($20,000) per calendar day for its non-compliance during the Labor Disruption event. This special fee is separate compensation to the City for the Contractor's failure to plan and execute the provisions of this section. The City shall deduct this special fee from the City's monthly payment to the Contractor. Fees paid by the Contractor under the terms of this Section 4.17 are not regular performance fees for Section 16.1 and shall not be counted in the cumulative performance fee default threshold referenced in Section 16.2. For Labor Disruptions at Customer or third -party sites, performance fees under Section 16.1 shall apply for any service failures. 4.18 Safeguarding Public and Private Facilities The Contractor shall not damage any public and private improvements, facilities, or utilities, whether on public or private property, including streets, signs/posts, light poles, planting strips, trees, fences, and waste enclosures. If such improvements, facilities, utilities, or streets are damaged as a result of the Contractor's operations, the Contractor shall notify the City in writing of all damage immediately or as soon as practical, but not later than four (4) hours of its knowledge of such damage. The Contractor shall repair or replace the same within thirty (30) calendar days of the damage being incurred or pay the City for the costs of repairs, including overhead and administrative costs. If the damage creates an immediate public safety issue that requires an immediate response, the Contractor shall immediately call the police or relevant public safety authority and the City, along with notifying the City in writing. If the Contractor fails to repair or replace the damage within thirty (30) calendar days, as determined by the City, the City shall cause repairs or replacement to be made, and the Contractor shall pay the cost, including overhead and administrative costs, of doing so. The Contractor shall be liable for any damage to property or person caused by the negligent or willful actions of the Contractor, and the Contractor shall indemnify, defend, protect, and hold the City harmless from any claims, losses, or liability for any such damages caused by or arising out of said actions under Section 17.6 of this Contract. 4.19 Contract Implementation The Contractor shall develop, with the City's input and prior written approval, a Transition and Implementation Plan for introducing the new and revised services to Single-family, Multifamily, and Commercial Customers. The Transition and Implementation Plan shall be submitted to the City no later than ninety (90) calendar days after the Date of Execution of this Contract. The Transition and Implementation Plan shall include a specific timeline as to when different activities and events will occur, including initial Customer account set-up in the Contractor and City systems and details of Container delivery and relabeling. The Transition and Implementation Plan shall describe in detail all activities and events, with dependencies between activities and all steps for planning, implementation, and monitoring. The Transition and Implementation Plan shall also specifically address how the Contractor intends to 17 proceed in inclement weather and what contingency plans will be in place to accelerate implementation if Container delivery or other planned activities are impacted by inclement weather. At the City's request, the Contractor's operations and management staff shall be available for weekly meetings with the City during the Transition and Implementation Period. The Contractor shall provide weekly tallies of Container delivery counts and delivery areas, Customer account set up and service updates, problems encountered and options for resolution, a summary of upcoming activities, and other information necessary for the City to evaluate the Contractor's implementation efforts and to remain fully apprised of the transition between contractors. The Contractor shall be responsible for funding all the design, development, printing, sorting, mail prep, delivery, and mailing costs of educational materials associated with transitioning services. Such costs may include but are not limited to the costs of postage, prepaid mail -back cards, website ordering services, and all new and continuing service and educational materials described above and needed to comply with the Transition and Implementation Plan outreach described in this section of the Contract. Any additional promotional, educational, informational, and outreach materials provided by the Contractor to Customers in connection with the initial transition and implementation of the Contract shall be designed, developed, printed, and delivered by the Contractor unless otherwise directed by the City at the Contractor's cost. Any such materials are subject to the City's prior review and written approval and the City's final approval as to the method of delivery. Customer materials must contain important dates/timelines, answers to frequently asked questions, information about translations available, and a Contractor -staffed phone number and website for Customers needing additional information. Materials must contain clear and accurate wording, an easy -to -read font, professional visual graphics, be free of inaccurate or misleading information, be free of typographical errors, and be printed on one hundred percent (100%) recycled paper. The Contractor shall provide translations of all promotional, educational, informational, and outreach materials in Spanish and Vietnamese. The Contractor shall provide translations for additional language communities with limited English proficiency, as identified and requested by the City. The Contractor shall provide the City at least fourteen (14) calendar days to review any of the materials included in the Contractor's Transition and Implementation Plan to allow sufficient time for the City's review and written approval. 4.20 Transition of Containers The City shall transfer ownership of existing in -place Carts, Detachable Containers, and non -compacted Drop -boxes to the Contractor. The Contractor shall re -label or replace all Carts within one hundred twenty (12) calendar days of the Date of Commencement of Service. The Contractor shall re -label or replace all Detachable Containers and Drop -boxes within thirty (30) calendar days of the Date of Commencement of Service. Within thirty (30) calendar days after the Date of Commencement of Service, the Contractor shall replace any Multifamily or Commercial Customer Garbage or Compostables Carts that were inherited from the prior service contract and that do not align with Container color requirements described in Section 6.7. To the extent possible, the Contractor shall clean and repurpose the removed Carts. The M. Contractor shall recycle Carts that cannot be repurposed. The Contractor shall be allowed to continue to use inherited green Garbage Carts and grey Compostable Carts for Single-family Customers. 4.21 Hiring Preference For initial hiring under this Contract, the Contractor shall give hiring preference to any Garbage, Recyclables, or Compostables collection workers who serviced City routes for the previous contracted hauler at the time that the previous collection contract expired and were displaced as a result of the City awarding this Contract, provided that such workers are fully qualified and meet the Contractor's standards for employment. Nothing in this section is intended to create any third -party rights under this Contract. Upon hiring a displaced collection worker represented by Teamsters Local 117 or 174, the Contractor shall be required to keep the displaced worker whole regarding the workers' pay and benefit accruals earned as of the date of displacement. The Contractor must reimburse any displaced worker for any required COBRA payment to retain health care coverage during the time between displacement and when the worker would become eligible for such benefits under the collective bargaining agreement. To the extent that application of the Contractor's collective bargaining agreement would otherwise result in a reduction in pay or benefits, the existing pay/benefit accrual will be maintained at the current rate until the applicable bargaining agreement provision(s) provides for an increase. PROCESSING AND DISPOSAL 5.1 Processing Recyclables and Compostables The Contractor shall use processing facilities to recycle or compost all Source -separated Recyclables and Compostables collected under this Contract (other than residue or contaminated Recyclables or Compostables) unless the City gives express prior written permission. The Contractor shall use processing facilities that: 1. Process materials to a high standard to maximize the recovery and Recycling of all incoming Recyclable and Compostable materials. 2. Are operated to minimize cross -contamination of materials that would result in otherwise Recyclable materials being misdirected to a market or disposal where they would not be recovered. 3. Are designed and operated to minimize the stream of otherwise recoverable materials destined for disposal. 4. Have sufficient preprocess and screening staff and equipment to ensure that otherwise recoverable materials are not cross -contaminated and rendered non -recyclable due to the nature of the processing facility. End markets for processed Compostables or Recyclables shall not include incineration, landfill cover, roadbed fill, or other 'beneficial uses' without prior approval from the City. Any non -contaminated Source -separated Recyclables or Compostables in clearly identified Containers, bags, boxes, or bundles that are collected and disposed of as Garbage shall be cause for performance fees and/or contract default as described in Sections 16.1 and 16.2. 19 The Parties agree that the Contractor is being compensated for Recycling or composting those incoming materials and that maximum cost-effective recovery is a primary objective of the City's collection programs. 5.2 Disposal Destination & Restrictions Unless otherwise directed by the City, all Garbage collected under this Contract, as well as residues from processing Recyclables and Compostables (to the extent required for the City to comply with its Solid Waste Interlocal Agreement with King County), shall be delivered to the King County Disposal System in compliance with all King County rules regarding such disposal. Garbage containing obvious amounts of Yard Debris shall not knowingly be collected from Customers and instead prominently tagged with a written notice informing the Customer that the County does not accept Yard Debris mixed with Garbage for collection. The Contractor's awareness, knowing, or intentional collection of Garbage mixed with visible Yard Debris shall be grounds for performance fees as provided in Section 16.1. The Contractor shall be liable and legally responsible for the Contractor's employees' awareness, knowledge, or intentional collection of Garbage mixed with visible Yard Debris. The Contractor shall indemnify and hold the City harmless for any damage or liability resulting from said collection. The Contractor shall not knowingly collect or dispose of Unacceptable Waste or other 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 in a prominent location with the rejected materials listing why they were not collected and providing the Customer with a contact for further information about proper disposal options for such materials. Title to and liability for any Unacceptable Wastes that are included with any materials collected under this Contract by the Contractor despite the City's and Contractor's attempts to prevent the inclusion of such materials shall not pass to the Contractor but shall remain with the party from whom such Unacceptable Waste or any such other materials or substances is received. The Contractor may process Garbage collected by the Contractor to recover recyclable material, provided that the residual is appropriately disposed of within the King County Disposal System. The processing of such Recyclable material shall only be undertaken with King County's and the City's prior written approval and following the City's Solid Waste Interlocal Agreement with King County. The Contractor shall never charge the City more than the equivalent Garbage disposal fee within the King County Disposal System. In addition, the Contractor hauling fees in such instances shall be no higher than those provided for in Exhibit B. 6 FLEET AND CONTAINER REQUIREMENTS 6.1 Vehicle and Equipment Requirements The Contractor shall use model year 2025 or newer collection vehicles for Garbage, Recyclables, and Compostables collection services under this Contract. Collection vehicles shall be fueled with renewable natural gas, fully electric, or other state -approved low carbon fuel. Support vehicles, such as those driven by management, route supervisors, and Container delivery (if feasible), shall be fully electric. 911 Backup collection vehicles used fewer than thirty (30) days a calendar year shall not be subject to the age requirement that applies to regularly used vehicles but shall be presentable, in safe working order, free of leaking fluids, and subject to all other conditions of this section. The Contractor shall report accumulated annual use of individual backup vehicles in the Contractor's monthly report. Collection vehicles used in the performance of this Contract shall be of sufficient size and dimension to provide service to all Customers. In some cases, this may mean that a small collection vehicle, capable of servicing narrow and/or tight locations, must be used. The Contractor shall make such vehicles available to ensure smooth and effective collection services throughout the Service Area. Collection vehicles shall be maintained in good condition at all times, including but not limited to being clean and sanitary and thoroughly washed at least weekly. All collection vehicles shall have appropriate safety markings, including all highway lighting, flashing and warning lights, clearance lights, and warning flags, all following current statutes, rules, and regulations. Collection vehicles shall be repaired and/or have damaged areas repainted upon showing rust on the body or chassis or at the request of the City. All parts and systems of the collection vehicles shall operate properly and be maintained in a condition compliant with all federal, state, and local safety requirements and be in a condition satisfactory to the City. Hydraulic fluids shall be non -petroleum based. All collection vehicles shall have variable tone or proximity -activated reverse movement backup alarms. The Contractor shall maintain collection vehicles and Containers to ensure that no solid waste (e.g., Garbage, Recyclables, or Compostables), liquid wastes (e.g., Garbage or Compostables leachate), or oils (e.g., lubricating, hydraulic, or fuel) are discharged. All collection, service, and supervisor vehicles the Contractor uses shall be equipped with a minimum ten (10) gallon capacity spill kit. Any Containers or collection, service, or supervisor vehicles not meeting these standards shall not be used within the Service Area until repairs are made. All collection vehicles used in the service of this Contract shall meet existing street weight limits in the Service Area. The Contractor shall not exceed any collection vehicle weight limit at any time. The Contractor shall track overweight vehicles and include in the monthly report the date, time of weigh in at the disposal or processing facility, vehicle number, route number, total weight, and weight exceeding weight limits for any overweight collection vehicle. All overweight collection vehicles are subject to regulatory enforcement and performance fees as outlined in Section 16.1. All collection vehicles shall be labeled with signs on both the front and driver's side door and the rear of the collection vehicle, which clearly indicate the vehicle inventory number. The Contractor's Customer Service phone number shall be labeled on the side of the collection vehicle. Signs shall use lettering not less than four inches (4") high and shall be clearly visible from a minimum distance of twenty feet (20'). Signs, locations, and phone numbers shall be subject to the City's approval. No advertising shall be allowed on any of the Contractor vehicles other than the Contractor's name, logo, Customer Service phone number, and website address unless otherwise previously approved in writing by the City. Special promotional messages may be permitted, upon the City's prior written approval. The City's approval shall be in writing and solely within the City's discretion. In addition, any Contractor vehicle regularly used in the Service Area shall include a placard clearly visible at the rear of the vehicle. This placard will show, in lettering at least twelve inches (12") high, an abbreviated truck designation number specific to the Contractor's operating division, for example, B-1, B-2, etc., limited to 21 a two (2) 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 collection, 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 to reach all collection areas in the Service Area. Collection vehicles shall also be equipped with backup and route -recording cameras integrated with their onboard route management system. All collection vehicles shall have global positioning systems (GPS) and an onboard computer and data tracking system to track route progress and log non-setouts, extras, and other service issues. The system shall incorporate photo documentation of route exceptions such as Carts not placed out for collection or Recycling Containers with significant contamination. The Contractor's drivers shall be fully trained and required to use these systems. The resulting data shall be uploaded to the Contractor's Customer Service database no less than daily to allow Customer Service personnel to be fully apprised of route progress and be able to address misses and other Customer inquiries in near real-time. The Contractor shall provide the City, on the Date of Commencement of Service of this Contract, a complete initial inventory of the vehicles and facilities to be used in the performance of this Contract. The inventory shall include each vehicle (including chassis model year, type of body, material collected, capacity, permitted gross vehicle weight, model, and vehicle identification number) and each facility to be used in the performance of this Contract (including the address and purpose of the facility). The Contractor may change vehicles and facilities occasionally and shall include the revised inventory in the monthly report provided in Section 14.7. The Contractor shall maintain vehicles and facilities levels during the performance of this Contract at least equal to those levels described in the initial inventory. The City reserves the right to request maintenance history logs for vehicles or equipment during the performance of this Contract. Failure to comply with this section shall be cause for performance fees as described in Section 16.1. 6.2 Operations Base The Contractor shall maintain an operations base for storing and maintaining the collection vehicles in service of this Contract. The operations base shall be within twenty-five (25) miles of the Service Area. The Contractor's operations staff shall be located at that operations base. 6.3 General Container Requirements Contractor rates included in Exhibit B include all costs of the associated Containers unless Container rental for a particular service is specifically listed in Exhibit B, such as rent for Drop -box Containers. Single-family Residence, Multifamily, and Commercial Customers must use Contractor -provided Containers for their initial Container of Garbage collection service, except for compacted Drop -box Containers, which may be Customer -owned or Customer -leased from other parties. Plastic bags or Cans may be used for excess volumes of Garbage but not as a Customer's primary container. 22 In the event the Customer uses a Can for Extra Units, the Contractor shall handle the Customer -owned Can in such a way as to prevent undue damage. The Contractor shall be responsible for unnecessary or unreasonable damage to or unrequested removal of Customer -owned Containers. All Contractor -provided Containers shall be permanently, clearly, and prominently screened, molded -in, molded -on, imprinted, or otherwise labeled in a fashion that any reasonable person can readily determine the intended material for the Container. The Container must also be labeled with the size capacity and material preparation requirements. Contractor -provided Containers shall not be screened, molded -in, molded -on, imprinted, or otherwise permanently labeled with the Contractor's logo or company name unless the City provides written permission. After emptying, the Contractor shall replace Containers in the same location as found, with the lid(s) closed. Containers shall have solid lids and be leak -proof, clean, sanitary, and properly labeled. Containers failing to meet any of these conditions shall be cause for performance fees as described in Section 16.1. If, due to negligence or intentional misuse, a Customer damages a Container or requests more than one (1) replacement Container during the term of the Contract, the Contractor shall inform the City in writing of the problem and include the Customer's name and address. The Parties shall then attempt to resolve the problem. If the problem continues, the Contractor may charge the Customer a Container repair or replacement fee, provided the City provides previous written approval. 6.4 Carts The Contractor shall provide Garbage and Compostables carts in the following sizes: twenty (20), thirty- two (32) or thirty-five (35), forty-five (45), sixty-four (64), and ninety-six (96) gallons. The Contractor shall provide Recycling carts in the following sizes: thirty-two (32) or thirty-five (35), sixty-four (64), and ninety-six (96) gallons. All new Carts shall be manufactured from at least twenty-five percent (25%) post - consumer recycled plastic, with a lid that will accommodate a label. The Contractor shall make available wildlife -resistant Carts to requesting Customers at the additional surcharge provided for in Exhibit B. All Carts must have materials preparation instructions, including any Customer actions that would void manufacture warranties (such as placement of hot ashes in the Cart causing the Cart to melt), procedures to follow to minimize potential fire problems, and phone and website contact information for the Contractor printed on a durable sticker on the Cart lid. If this sticker is destroyed or removed, the Contractor shall replace the sticker within seven (7) calendar days of being notified by the Customer or the City. Failure to provide Carts as described in this section shall be subject to performance fees as described in Section 16.1. The Contractor shall maintain all Carts in good condition for material storage and handling. The Carts shall contain no jagged edges or holes, contain wheels or rollers for movement, and be equipped with an anti-skid device or sufficient surface area on the bottom of the Cart to prevent unwanted movement. Contractor collection crews shall note missing or damaged lids, damaged hinges, holes, missing or poorly functioning wheels, and other similar repair needs and forward written or electronic repair notices that same day to the Contractor's service personnel. Repairs shall be made within seven (7) calendar days at the Contractor's expense. The Contractor shall replace within three (3) business days of notification any Cart observed by Contractor collection crews or reported by the Customer or the City as damaged or 23 missing due to an accident, collection truck mechanical error, an act of nature or the elements, fire, theft, or vandalism by a third -party. If a Cart is inadvertently lost into a collection vehicle during collection due to mechanical or operator error, the Contractor shall notify the Customer of the incident that same day via a door knocker tag, phone call, or email and provide a replacement Cart within one (1) business day of the loss. Replacement Carts may be used and reconditioned but shall be presentable and cleaned before delivery to the Customer. Unusable Containers shall be cleaned (if necessary) and recycled to the extent possible. 6.5 Detachable Containers and Drop -box Containers The Contractor shall provide Detachable Containers for Garbage and Recycling in the following sizes: one (1), one and a half (1.5), two (2), three (3), four (4), six (6), and eight (8) cubic yards. The Contractor shall provide non -compacted Drop -box Containers for Garbage and Recyclables in the following sizes: ten (10), twenty (20), twenty-five (25), thirty (30), and forty (40) cubic yards. Containers shall be located on the Customer's premises in compliance with any related ordinance and in a manner satisfactory to the Customer and for collection by the Contractor. The Contractor shall furnish and install Detachable and Drop -box Containers to any Customer who requires their use for storage and collection within three (3) business days of the request. Detachable Containers shall be cleaned, reconditioned, and repainted (if necessary) at the Contractor's expense before being supplied to a Customer who has not used them earlier. The Contractor shall provide a fee -based On -call Detachable Container cleaning service to Customers, as set forth in Exhibit B. Detachable Containers shall be watertight and equipped with tight -fitting metal or plastic covers; plugs; have four (4) wheels for Containers two (2) cubic yards and under unless site -specific concerns dictate the use of a non -wheeled Container; be in good condition for Garbage or Recyclables storage and handling; be safe for the intended use; and have no leaks, jagged edges, or holes. The Contractor shall repair or replace within one (1) business day of notification any Container out of compliance with the standards in this Contract or any Container that represents a nuisance, health, safety, or environmental hazard to Customers, the City, or inspectors from Public Health — Seattle & King County. Drop -box Containers shall be all -metal and equipped with a solid cover operated by a winch in good repair. Upon Customer request and City approval, the Contractor may provide a Drop -box Container without a solid cover if the Customer demonstrates that the Container will remain under cover indoors and that no rainwater will be able to enter the Container. The Contractor shall charge rent for temporary and permanent Drop -box Container service following the Contractor rates in Exhibit B. The Contractor shall not charge a separate fee for providing covers on Drop -box Containers. The Contractor shall supply Customer Containers, except compactors. The Contractor shall provide Garbage and Recyclables Container labels to Customers for use on personal Containers upon request. Customers may elect to own or secure secondary Containers from other sources and shall not be subject to discrimination by the Contractor in collection services on that account, provided that such Containers (including carts) are compatible with the Contractor's collection equipment; however, Containers owned or secured by Customers must be properly labeled to be eligible for collection. The Contractor is not required to service incompatible Customer Containers. 24 The Contractor shall place Detachable Containers in areas mutually agreed upon by the Contractor and Customer with the least slope and best vehicle access possible. For Customers that must stage their Detachable Containers for service on Public Streets or significantly sloped hills, the Contractor shall make a good -faith effort to work with the Customer to ensure that Detachable Containers are not left unattended in potentially problematic staging areas and are sufficiently restrained such that the Container may not roll and cause harm to persons or property. The Contractor may require a Customer to attend to their Container(s) immediately before and after collection. Any disputes arising between the Contractor and a Customer regarding what constitutes a "significantly sloped hill" or a "safety hazard" shall be submitted in writing to the City, and the City's decision shall be final. The Contractor is subject to performance fees for any Detachable Containers not returned to the correct location or returned with lids open or pinned behind the Container so that the lid(s) cannot be closed. Containers shall not be placed by the Contractor on any Public Street or other public right of way without prior approval from the City. As between the City and the Contractor, any Container located on any Public Street at any time is at the Contractor's risk, not the City's. Upon the City's request, the Contractor shall remove any Container located in a Public Street within twenty-four (24) hours. As between the Contractor and the City, all Containers on Customers' premises are at the Contractor's risk and not the City's. 6.6 Container Ownership The City shall transfer ownership of existing in -place Carts, Detachable Containers, and non -compacted Drop -boxes to the Contractor at the beginning of the Contract. At the end of the Contract Term or if the Contract is terminated for any reason, all Containers at Customer locations used by the Contractor to provide Contract Services shall revert to City ownership at the City's option without further compensation to the Contractor. Temporary Containers, Compactor Drop -box Containers leased to Customers outside of this Contract, and all Containers held in reserve at the Contractor's operations base and not actively in service at a Customer location are excluded from this provision. The City may elect to assign this potential ownership of said Containers to a third -party and shall provide written notice to the Contractor. Any remaining warranties associated with the Containers described herein shall be transferred to the City or its assignee. The City accepts Containers in their "as -is, where -is" condition and without any express or implied warranty by the Contractor of any kind, including but not limited to any warranty of fitness for any particular purpose or warranty of merchantability. As between the City and the Contractor, the City assumes all risks of loss or liability on account of the City's exercising of its rights under this section 6.6 or any use made of any such Containers after they become the property of the City or its assignee. 6.7 Container Colors and Labeling For Single-family Residence Customers, Garbage Carts shall be green, Recyclables Carts shall be blue, and Compostables Carts shall be grey. For Multifamily and Commercial Customers, Garbage Carts shall be grey or black, Recyclable Carts shall be blue, and Compostables Carts shall be green. Contractor - provided metal Detachable Containers and Drop -boxes shall be grey for Garbage and blue for Recyclables. Specific Container colors shall be approved in writing by the City before the Contractor orders new Containers. 25 All distributed Containers shall be labeled with a sticker that has easy -to -read materials preparation instructions and contact information for the Contractor, including a Customer Service phone number and website address for the Contractor. The stickers shall be printed on durable UV -resistant label stock and squarely affixed to each Container. The City shall approve all labels before ordering by the Contractor, and the label's size and location on Containers shall be subject to the City's prior approval. The Contractor shall replace labels when faded, damaged, missing, or containing incorrect information. Should any changes be made to the Garbage, Recyclables, or Compostables collection program that affect the labels, the Contractor shall reproduce and reaffix labels on all affected Containers at its sole expense. Detachable Containers and Drop -box Container labels shall indicate no charge for replacement or repair of leaky or broken Containers and provides a Contractor phone number to call. All labels shall be approved in writing by the City before ordering by the Contractor. The size and location of the Container labels shall be subject to the City's prior written approval. 6.8 Container Weights The Contractor shall not be required to lift or remove materials from any Container exceeding the safe working capacity of the Container, lifting mechanism, or collection vehicle. For Drop -box Containers, the combined weight of the Drop -box and its contents must not cause the collection vehicle to exceed legal road weight limits. All loose Extra Units, Recyclables, and Yard Debris that are not placed in a Container and must be manually loaded shall be limited to fifty (50) pounds per bag or bundle unless otherwise authorized by the Contractor. 6.9 Container Removal Upon City or Customer Request The Contractor shall remove all Containers within seven (7) calendar days of service cancellation at Commercial Customers or within three (3) business days of the specific Customer, property manager, property owner, or City's request. Failure to remove Containers within the specified timeline shall be subject to the same performance fees as delayed Container delivery for that Customer sector. The contents of removed Containers shall be managed as if they were collected on a regular route (e.g., Recyclables shall be recycled, and Compostables shall be delivered for composting). The disposal or Recycling of materials accumulating in the Contractor's Container at the former Customer's location after the final Customer -paid collection shall be at the Contractor's, not the Customer's cost. 6.10 Container Lockability Upon request by the Customer, Containers (including Carts) shall be modified to be lockable and delivered to Customers with locks and keys within three (3) business days of initial request. Locks and keys for Containers or enclosure gates shall be provided to Customers upon request at no additional cost. The Contractor may not charge for locking or unlocking Containers or Container enclosures. 6.11 Container Cleaning 0 The Contractor shall provide On -call Container cleaning service to Customers for the Contractor rates listed in Exhibit B. The Contractor must capture and/or prevent all wash waters from Container cleaning from entering the City's municipal storm system. 7 SINGLE-FAMILY SERVICES 7.1 Single-family Garbage Collection 7.1.1 Subject Materials The Contractor shall collect all properly prepared Garbage placed Curbside for disposal by subscribing Single-family Residence Customers. Customers shall contain all Garbage placed Curbside for collection in Garbage Carts, Cans, or closed bags. 7.1.2 Carts The Contractor shall provide Garbage Carts at no additional charge as part of the Customer -chosen service level. The following Cart service levels shall be offered to Customers: • Twenty (20) gallon; • Thirty-two (32) or thirty-five (35) gallon; • Forty-five (45) gallon; • Sixty-four (64) gallon; and • Ninety-six (96) gallon. Each Customer's initial Cart must be a Contractor -provided Cart, provided Garbage over the Customer's initial Cart may be placed in a Customer -owned Can or closed plastic bag. The Contractor shall deliver Garbage collection Carts to Single-family Residence Customers within three (3) business days of the Customer's initial request. 7.1.3 Specific Collection Requirements The Contractor shall collect Garbage every other week from Single-family Residence Customers at the Customer -chosen service level. The Contractor shall also provide an optional weekly service for each Garbage service level for Customers wanting more frequent collection. Weekly service will not be actively publicized by the City but will be available to Single-family Customers who are unable or unwilling to have every -other -week collection. The Contractor shall be compensated for the every - other -week and weekly collection services based on the Contractor rates listed in Exhibit B. Roll -out fees shall be assessed only to those Customers who choose to have the Contractor move Carts to reach the collection vehicle at its nearest point of access. The roll -out fee listed in Exhibit B shall be charged once for all three collection streams and shall be assessed in twenty-five foot (25') increments. This fee does not apply to Customers that qualify for Disabled Person Service under Section 4.6. Garbage over Container capacity or the subscribed service level shall be collected and properly charged as Extra Units at rates set forth in Exhibit B, except excess Garbage collected at no additional charge through the "Clean Sweep" program addressed in Section 9.4. The Contractor may assess extra charges for materials that lift the Cart lid six inches (6") or more from the normally closed position. Overweight Carts that cannot be safely collected shall be left with an explanatory tag. If the Contractor collects the overweight Cart and documents that it is overweight, the Contractor may charge overweight fees in accordance with protocol approved by the City. 27 The Contractor shall maintain route lists in sufficient detail to allow accurate recording and charging of all Extra Units. Customers shall be allowed to specify that no Extra Units be collected without prior Customer notification, which the Customer shall provide no less than one (1) business day before that Customer's regular collection. If a Customer specifies no Extra Units, then the Contractor shall leave such materials at the Curb uncollected and tag the materials with written notification as to why they were not collected. Collections shall be made from Single-family Residences regularly on the same day and as close to a consistent time as possible. 7.2 Single-family Recyclables Collection 7.2.1 Subject Materials The Contractor shall collect unlimited amounts of properly prepared Recyclables from all Single-family Residence Customers for the rates in Exhibit B. Customers shall prepare all Recyclables placed Curbside as described in Exhibit C. If operational or Recycling processing improvements are made that allow additional materials to be recycled at no additional cost to the Contractor, the Contractor agrees to expand the defined list of Recyclables to cover such materials, subject to prior written approval by the City. The City reserves the right to engage in product stewardship and/or waste prevention activities that may result in one or more materials being removed from the Exhibit C list. 7.2.2 Carts The Contractor shall provide Recycling collection Carts to Single-family Customers at no additional charge. The default Recycling Cart size shall be ninety-six (96) gallons, provided that the Contractor shall offer and provide thirty-two (32)/thirty-five (35) or sixty-four (64) gallon Recycling Carts on request to those Single-family Residence Customers requiring less capacity. A Customer may request and receive up to one (1) additional Recycling Cart in the available Recycling Cart sizes from the Contractor for the Contractor rate listed in Exhibit B. The Contractor shall deliver Recycling Carts to Customers within three (3) business days of the Customer's initial request. 7.2.3 Specific Collection Requirements The Contractor shall collect Recyclables every other week from Single-family Residence Customers. Collection shall occur on the same day as the Customer's Garbage collection. Collections shall be made regularly 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. The Contractor shall collect all Recyclables from Single-family Residences that have been properly placed at the Curb. Customers shall place Recyclables in Carts, paper bags, boxes, or labeled Cans next to the Customer's primary Recycling Cart(s). Customers shall prepare Recyclables as described in Exhibit C. Except for corrugated cardboard, the maximum dimensions for Recyclables shall be two feet (2') by two feet (2'). No limits shall be placed on set -out volumes for Curbside Recyclables other than those listed in Exhibit C. Upon request, Customers choosing to use their own Cans for excess Recyclables shall be provided durable labels by the Contractor that clearly identify the Can's contents as Recyclables. If large quantities of Residentially generated cardboard (e.g., moving boxes) are set out for collection, the 0 Contractor may collect the excess materials the following day in a separate vehicle, provided that clear written notification of the collection delay is provided to the Customer. 7.3 Single-family Compostables Collection 7.3.1 Subject Materials The Contractor shall collect an unlimited amount of properly prepared Compostables from Single-family Residence Customers for the rates listed in Exhibit B. For the first two (2) weeks of January each year, the Contractor shall collect unflocked, undecorated, natural holiday trees from Residential Customers at no additional charge on their regularly scheduled collection day. Trees shall be no greater than six feet (6') in length. Customers shall place trees adjacent to their Compostables Carts. 7.3.2 Carts The Contractor shall provide Compostables collection Carts to Single-family Customers at no additional charge. The default Compostables Cart size shall be ninety-six (96) gallons, provided that the Contractor shall offer and provide twenty (20), thirty-two (32)/thirty-five (35), or sixty-four (64) gallon Compostables Carts on request to those Single-family Residence Customers requiring less capacity. A Customer may request and receive up to one (1) additional Compostables Cart in the available Compostables Cart sizes from the Contractor for the Contractor rate listed in Exhibit B. The Contractor shall deliver Compostables Carts to Customers within three (3) business days of the Customer's initial request. Upon Customer request and at no additional charge, the Contractor shall provide new Compostables service Customers a lidded Food Scraps container with a capacity of approximately two (2) gallons. With each Food Scraps container, the Contractor shall provide instructional materials about how to use the container. The City shall approve the contents of the instructional materials before distribution. Customers shall be limited to one (1) Food Scraps container per Contract term. 7.3.3 Specific Collection Requirements The Contractor shall collect Compostables each week from Single-family Residence Customers. Collection shall occur on the same day of the week as the Customer's Garbage and Recyclables collection. Collections shall be made regularly 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. The Contractor shall collect all Compostables from Single-family Residence Customers that have been properly placed at the Curb. Customers shall place all Food Scraps in Customers' primary Compostables Cart(s). Customers shall place extra Yard Debris in sturdy paper bags, bundles tied with natural twine, or Customer -owned Cans labeled for Yard Debris. Yard Debris larger than four inches (4") in diameter or four feet (4') in length is excluded. Bundles of Yard Debris shall be no larger than two feet (2') in diameter, four feet (4') in length, and fifty-five (55) pounds. Upon request, Customers choosing to use their own Cans for excess Yard Debris shall be provided durable labels by the Contractor that clearly identify the Container's contents as Yard Debris. If large quantities of Residentially generated Yard Debris are set out for collection, the Contractor may collect the excess materials the following day in a separate vehicle, provided that clear written notification of the collection delay is provided to the Customer. w 8 MULTIFAMILY AND COMMERCIAL SERVICES 8.1 Multifamily and Commercial Garbage Collection 8.1.1 Subject Materials The Contractor shall collect all properly prepared Garbage placed in or next to Garbage Containers by Multifamily and Commercial Customers. 8.1.2 Containers The Contractor shall offer Multifamily and Commercial Customers a full range of Container and service options: • Carts (twenty [20], thirty-two [32] or thirty-five [35], sixty-four [64], and ninety-six [96] gallon) • Non -compacted Detachable Containers (one [1], one and a half [1.5], two [2], three [3], four [4], six [6], and eight [8] cubic yards), and • Compacted Detachable Containers (one [1], one and a half [1.5], two [2], three [3], four [4], and six [6] cubic yards). The Contractor shall make available eight (8) cubic yard cathedral Garbage Detachable Containers with side slots if requested by a Customer. Containers shall be provided to Customers at no charge as part of service, except for compacting Containers or unless otherwise set forth in this Contract and directed by the City. The Contractor shall service Customer -owned and Customer -leased Detachable Container compactors unless the Container is incompatible with the Contractor's equipment. The Contractor may use front -load and rear -load Detachable Containers to service Multifamily and Commercial Customers; however, not all collection sites within the 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 the front -load collection is feasible. The Contractor shall deliver Containers to requesting Multifamily and Commercial Customers within three (3) business days of the Customer's initial request. 8.1.3 Specific Collection Requirements Commercial Customers with a physical location in the Service Area shall be required to use Garbage Service under this Contract. The Contractor shall regularly make collections from Multifamily and Commercial Customers on the same day and as close to a consistent time as possible. The Contractor shall remove and replace Containers from enclosures and position (roll -out) Containers up to twenty-five feet (25') for Garbage collection at no additional charge. Additional Contractor rates for roll -out services may be assessed in twenty-five foot (25') increments only to those Multifamily and Commercial Customers for whom the Contractor must move a Container over twenty-five feet (25') to reach the collection vehicle at its nearest point of access. Customers with hard -to -access Containers requiring the Contractor to wait for Customer Container relocation or requiring the Contractor's use of specialized equipment for Container relocation may charge those Customers a stand-by fee for each minute after five (5) minutes at a rate consistent with Exhibit B. 30 Garbage over Container capacity or the subscribed service level shall be collected and properly charged as Extra Units at rates set forth in Exhibit B. The Contractor may assess extra charges for materials loaded that lift the Container lid six inches (6") or more from the normally closed position. Overweight Containers that cannot be safely collected shall be left with an explanatory tag. If the Contractor collects the overweight Container and documents that it is overweight, the Contractor may charge overweight fees in accordance with protocol approved by the City. The Contractor shall develop and maintain route lists in sufficient detail to allow accurate recording and charging of all Extra Units. Multifamily and Commercial Customers may request extra collections and shall pay a proportional amount of their regular monthly rate for that service as established by the City. 8.2 Multifamily and Commercial Recyclables Collection The Contractor shall provide unlimited and embedded Recyclables collection to all Multifamily and Commercial Customers at no charge. 8.2.1 Subject Materials The Contractor shall collect an unlimited amount of properly prepared Recyclables from all subscribing Multifamily and Commercial Customers. The Contractor shall provide these services as part of Garbage collection services at no additional charge, including those Multifamily and Commercial Customers with permanent Garbage Drop -box collection serviced at least once per month. Customers shall prepare all Recyclables as described in Exhibit C. The Contractor may decline to collect Recyclables according to protocol in Section 4.12 or if the Container contains excluded materials. 8.2.2 Containers The Contractor shall encourage and promote participation in Recyclables services and recommend appropriate Container sizes through its site visit and evaluation process. The Contractor shall offer Multifamily and Commercial Customers Carts, Detachable Containers, or Drop -box Containers for Recyclables collection, as appropriate to Customers' needs. The Contractor shall encourage using Detachable Containers instead of multiple Carts at Multifamily sites where more than one (1) cubic yard of Recyclables capacity is provided unless constraints favor the use of Carts. The Contractor shall deliver Containers used for collecting Recyclables to requesting Customers within three (3) business days of the Customer's initial request. The Contractor shall provide Recycling Containers at no charge to requesting Multifamily and Commercial Customers. If requested by the City, the Contractor shall provide locked slotted lids for Detachable Containers for Recyclables at identified Multifamily sites. 8.2.3 Specific Collection Requirements Multifamily and Commercial Recyclables collection shall occur at least weekly or more frequently if space constraints preclude providing sufficient weekly capacity. Collections shall be made regularly on the same day(s) of the week and as close to a consistent time. The Contractor shall remove and replace Containers from enclosures and position (roll out) Containers up to twenty-five feet (25') for Recycling collection at no additional charge. Additional Contractor rates for roll -out services may be assessed in twenty-five foot (25') increments only to those Multifamily and Commercial Customers for whom the Contractor must move a Container over twenty-five feet (25') to reach the collection vehicle at its nearest point of access. The Contactor may charge additional fees 31 consistent with Contractor Rates in Exhibit B for hard -to -access Containers requiring the Contractor to wait for Customer Container relocation or requiring the Contractor's use of specialized equipment for Container relocation. 8.3 Multifamily and Commercial Compostables Collection The Contractor shall provide Compostables collection to requesting Multifamily and Commercial Customers at the Contractor rates listed in Exhibit B. Customers may also obtain Compostables collection services from any licensed independent private service provider. 8.3.1 Subject Materials The Contractor shall provide Compostables collection to any requesting Multifamily or Commercial Customers, subject to that Customer's continued compliance with material preparation requirements. Carts including contaminated or oversized Compostables materials rejected by the Contractor shall be tagged in writing in a prominent location with an appropriate problem notice explaining why the material was rejected. For the first two (2) weeks of January each year, the Contractor shall collect unflocked, undecorated, natural holiday trees from all Multifamily Customers at no additional charge, including Multifamily Customers that do not subscribe to Compostables collection. Multifamily Customers subscribing to Compostables collection shall have their holiday trees collected on their regularly scheduled Compostables collection day. Trees shall be no greater than six feet (6') in length. Customers subscribing to Compostables collection shall place trees in or adjacent to their Compostables Carts. 8.3.2 Carts Carts shall be provided to participating Customers as part of their subscription -based services with no additional container delivery or rental charges. The Contractor shall offer regular twenty (20) gallon, thirty-two (32) or thirty-five (35) gallon, sixty-four (64) gallon, and ninety-six (96) gallon Compostable Carts. Compostables Carts shall be delivered by the Contractor to Multifamily and Commercial Customers within three (3) business days of a Customer's initial request. 8.3.3 Specific Collection Requirements The Contractor shall collect Multifamily and Commercial Compostables weekly or twice a week as requested. Collections shall be made regularly on the same day(s) of the week and as close to a consistent time. Twice per week collections shall be spaced apart by two (2) or three (3) days. The Contractor shall remove and replace Carts from enclosures and position (roll -out) Carts up to twenty-five feet (25') for collection at no additional charge. Additional Contractor roll -out rates may be assessed in twenty-five foot (25') increments only to those Multifamily and Commercial Customers for whom the Contractor must move a Cart over twenty-five feet (25') to reach the collection vehicle at its nearest point of access. 9 OTHER COLLECTION SERVICES 9.1 Permanent Drop -Box Container Garbage Collection 32 9.1.1 Subject Materials The Contractor shall provide permanent Drop -box Container Garbage collection services to Customers at the Customer's selected service level. For this section, a permanent Drop -box Container Customer is a Customer who retains Drop -box Container service for more than ninety (90) calendar days and has their Drop -box Container hauled at least once per calendar month. 9.1.2 Containers The Contractor shall pay the cost of procuring and providing non -compacted Containers for Garbage meeting the standards described in Section 6.4. The Contractor shall service Customer -owned or Customer -leased Drop -Box Container compactors unless the Container is incompatible with the Contractor's equipment. 9.1.3 Specific Collection Requirements The Contractor shall provide dispatch service and equipment capable of collecting full Drop -box Containers on the same business day if the Contractor's call center receives the Customer's initial request before or at 10:00 a.m. and no later than the next business day if the call center receives the Customer's initial call after 10:00 a.m. At the Customer's request, the Contractor shall deliver an empty Drop -box Container to the Customer when collecting the full Drop -box Container. The Contractor shall maintain a sufficient Drop -box Container inventory to deliver empty Containers to new and temporary Customers within one (1) business day of a Customer's initial request. The Contractor shall detach, remove, and replace Drop -Box Containers from locked or unlocked enclosures at no additional charge. The Contractor may charge additional time and/or mileage only if 1. the Customer requests that the Contractor deliver material to a facility other than the closest County disposal facility, 2. the facility is one to which the Contractor is allowed to deliver the material under this Contract, and 3. the Contractor delivers the material to such facility after advising the Customer in writing (email is acceptable) as to the basis of the additional time and/or mileage Contractor charges. 9.2 Temporary (Non -Event) Container Customers All Customers (Single-family Residence, Multifamily, and Commercial) shall be able to request temporary Garbage Containers. The Contractor shall offer Customers the following temporary Containers: • Non -compacted Detachable Containers in two (2), four (4), six (6), and eight (8) cubic yard sizes • Non -compacted Drop -box Containers in ten (10) to forty (40) cubic yard sizes. Temporary Garbage services do not include Recyclables or Compostables collection and shall not exceed ninety (90) calendar days unless the Customer has their Container hauled less than once per calendar month, in which case the Customer will continue to be considered a temporary Customer. The temporary Detachable Container Contractor rates listed in Exhibit B shall include delivery, collection, Container rental, distance, and disposal charged at a per ton rate. No additional fees other than those included in Exhibit B may be charged. Customers requiring more than monthly collection service for over ninety (90) calendar days shall subscribe to regular combined Garbage and Recycling service. The Contractor shall maintain a sufficient Container inventory, including Detachable Containers and Drop -box Containers, to deliver empty Containers to temporary Customers within three (3) business days after the Customer's initial request. 33 9.3 Special Event Services The Contractor shall provide temporary Garbage, Recyclables, and Compostables Carts to Customers sponsoring special events within the Service Area at the Contractor rates listed in Exhibit B. The Contractor shall provide such Customers with assistance in determining Container needs and signage for Garbage, Recyclables, and Compostables at the special events, including site visits and technical assistance to ensure compliance with Washington State event Recycling requirements (under RCW 70A.200.100) and to maximize the diversion of Recyclables and Compostables. The Contractor shall coordinate their efforts with the City and provide such Customers and the City with a summary of the volumes of materials disposed of and diverted for Recycling and composting. The Contractor shall provide special event services as a bundle, with each event providing a collection of Recyclables and Compostables at no additional charge as part of the event's Garbage collection service. The Garbage -only service shall only be provided on a case -by -case basis upon prior written approval of the City. 9.4 On -call Bulky Waste and Special Item Collection The Contractor shall provide On -call Bulky Waste collection to any Single-family, Multifamily, and Commercial Customers by Customer request for no more than the charge set forth in Exhibit B to this Contract. Customers shall request Bulky Waste pickup at least twenty-four (24) hours before their regular collection day and shall place Bulky Waste at their regular Garbage collection location no more than twenty-four (24) hours before collection. The Contractor shall notify the Customer of the date their item will be collected, normally the next regular collection day, and of the charge that will be added to their next bill. On -call Bulky Waste collection shall occur during the hours and days specified in Section 4.4. The Contractor shall collect special Recyclables listed in Exhibit C ("On -call Recyclables") at no charge and on request by the Customer. For Multifamily properties, requests shall be coordinated and initiated by the owner or property manager. The Contractor shall recycle or compost all scrap metal, clean wood scraps, large rigid plastics, textiles, small appliances, and small electronics unless another arrangement is approved in writing by the City. The Contractor shall also recycle all metal appliances collected as Bulky Waste unless another arrangement is approved in writing by the City. Collection of On -call Recyclables shall occur Monday through Friday. The Contractor shall also provide up to one (1) "Clean Sweep" Bulky Waste collection per Single-family Residence per calendar year at no additional cost. Upon Customer request, the Contractor shall schedule one (1) "Clean Sweep" collection for the Customer that shall include up to two (2) non - appliance items of Bulky Waste (such as mattresses, sofas, and chairs) and up to ten (10) units of Garbage. Each unit shall be no more than thirty-two (32) gallons in volume, no longer than three feet (3') on any side, and no more than sixty-five (65) pounds in weight. The Contractor shall maintain records of Customer usage of the "Clean Sweep" program and ensure that each Single-family Residence only receives this service once per calendar year. 34 The Parties shall also work together to promote the "Clean Sweep" program to Single-family Residence Customers, including but not limited to the annual service guide and on the Contractor's website. The Contractor shall provide example photographs of items for set -out for "Clean Sweep" collection so that the Parties can use these images to promote the program. The Contractor shall maintain service and disposal records for all "Clean Sweep," On -call Bulky Waste, and On -call Recyclables collections with the service date, types and amounts of materials collected, and whether the items were disposed or recycled. These records shall be provided to the City monthly under Section 14.7. 9.5 Excluded Services This Contract does not include the collection or disposal of Unacceptable Waste. 10 PROMOTION AND EDUCATION SERVICES The Contractor, at its own cost and at the direction and approval of the City, shall have primary responsibility for developing, designing, executing, distributing, and delivering public promotion, education, and outreach programs. The Contractor shall also have primary responsibility for providing annual service -oriented information and outreach to Customers, including providing on -site Commercial and Multifamily Recycling and Compostables technical assistance, distributing City -developed promotional and educational pieces at the City's direction, and implementing on -going Recycling and composting promotions, education, and outreach programs at the direction of the City. All Customer materials and communications produced by the Contractor shall be high -quality, publication -ready, and approved in advance by the City. All Customer materials and communications shall be developed in accordance with the City's communications and engagement guidelines. The City will be given three (3) weeks advance notice and the opportunity to review any materials or communications meant for distribution to Customers. All materials shall be printed on one hundred percent (100%) recycled paper and have sufficient copies to fulfill requests from Customers and the City. Electronic copies of materials shall be provided to the City and posted on the Contractor's website. No later than October 15 of each year, the City and the Contractor shall jointly plan the Contractor's specific promotion and education program for Single-family, Multifamily, and Commercial Customers over the following year, including the focus, expected outcomes, and any adjustments in materials and/or targeted audiences. The City may elect to assist the Contractor with the development of promotional material design and text, as staff time allows; otherwise, the Contractor shall be responsible for all design and development work, subject to the City's approval. The Contractor shall provide educational materials in English, Spanish, and Vietnamese on the proper disposal of Garbage, Recyclables, and Compostables for Single-family Residential, Multifamily and Commercial Customers. Translated materials shall maintain the original meaning, style, and tone of the English text. Translated materials shall also be transcreated so that their images and cultural references are adapted as necessary to the priority audience. The Contractor shall provide translated and transcreated materials for additional communities with significant limited English proficiency, as identified and requested by the City. Upon request by the Customer or City, the Contractor shall deliver translated materials to selected Customers. 35 Outreach to Single-family Residential, Multifamily and Commercial Customers by the Contractor shall not preclude the City or its consultants from also conducting targeted outreach and technical assistance to encourage waste prevention, Recycling, and composting. New Single-family, Multifamily, and/or Commercial Customers shall receive a welcome packet of materials including the comprehensive service guide for their sector. Customers may choose an electronic or mailed copy. The Contractor shall mail hard copy welcome packets within seven (7) calendar days of commencing collection services for the new Customer. 10.1 Outreach for Single-family Customers Each year, the Contractor, at its own cost and at the direction and approval of the City, shall print and mail an annually updated Service Area -specific comprehensive service guide booklet to each Single- family Residence no later than December 31. The City shall have up to three (3) rounds of edits during development of the service guide. The service guide booklet shall include, at a minimum, information on the proper sorting and disposal of Garbage, Recyclables, and Compostables; City retail rates information; disposal options for difficult -to -recycle items and Hazardous Waste; collection guidelines; a service day calendar; winter weather and holiday collection information; Contractor contact information; and any other pertinent information. The Contractor shall post a PDF version of the updated booklet on its website by no later than December 31 of each year. 10.2 Outreach for Multifamily Customers Each year, the Contractor, at its own cost and at the direction and approval of the City, shall print and mail an annually updated Service Area -specific comprehensive service guide booklet to each Multifamily unit and property manager no later than December 31. The City shall have up to three (3) rounds of edits during development of the service guide. The service guide booklet shall include, at a minimum, information on the proper sorting and disposal of Garbage, Recyclables, and Compostables; City retail rates information; disposal options for difficult -to -recycle items and Hazardous Waste; collection guidelines; Contractor contact information; and any other pertinent information. The Contractor shall post a PDF version of the updated booklet on its website by no later than December 31 of each year. Contractor outreach specialists shall visit each Multifamily Customer that requests new Recyclables or Compostables services before Containers are delivered to discuss service location, training for on -site staff, and outreach to residents. For sites starting subscription to Compostables service, the Contractor shall provide a lidded Food Scraps container with a capacity of approximately two (2) gallons for each Multifamily unit, if requested by the Customer and at no additional charge. With each Food Scraps container, the Contractor shall provide instructional materials about how to use the container. The City shall approve the contents of the instructional materials before distribution. Customers shall be limited to one (1) Food Scraps container per Multifamily unit per Contract term. The Contractor shall inspect all Multifamily Residence Recycling and Compostables Containers annually for contamination. The Contractor shall provide targeted outreach and custom-tailored consultations to Multifamily Residences with low waste diversion and/or contamination issues. Field inspections shall be tracked and used to create custom direct outreach which may include mailed letters, in -person trainings/presentations, door-to-door tenant education, or other outreach methods. The Contractor shall also provide photocentric flyers, stickers, signage, door hangers, and other materials needed to 36 support outreach and education. The Contractor shall track program results and report them to the City monthly. Outreach plans, consultations, and associated collateral must be approved by the City. At the City's request, the Contractor shall contact the manager or owner of Multifamily Residences to encourage Recycling and/or Compostables collection participation, address concerns, address space or contamination problems, provide outreach to residents, and inform the manager or owner of all available services and ways to decrease Garbage generation. The Contractor shall coordinate and work cooperatively with City staff and/or consultants hired to conduct outreach and education and provide technical assistance. The Contractor is expected to take action when responding to contamination of Recyclables or Compostables at Multifamily properties. A combination of these actions shall be appropriate in cases where contamination is readily apparent prior to emptying Containers at the Property: • Immediately provide the City with photo documentation of the contamination, along with a record of container size, location within the Multifamily Property, and other pertinent information. • With City notification/coordination, work with the Multifamily property to create a specifically tailored Recycling and/or Compostables service plan (establishing service volume and Container location/access needs, auditing service levels/frequency/schedule, and verifying and monitoring related changes), as well as provide follow-up outreach as needed to achieve optimal participation and compliance. • Distribute outreach materials, canvass door-to-door, and provide related on -site assistance to property management, maintenance staff, and residents as needed. • With City notification/coordination, consider installation and/or use of lock bars/locks, specialized lids with slots for Detachable Container lids, and adjusting Container size, placement/location, or service frequency in manners intended to reduce or eliminate contamination of Recyclables and Compostables. 10.3 Outreach for Commercial Customers Each year, the Contractor at its own cost and at the direction and approval of the City, shall print and mail an annually updated Service Area -specific comprehensive service guide booklet to each Commercial Customer in the Service Area no later than December 31. The City shall have up to three (3) rounds of edits during development of the service guide. The service guide booklet shall include, at a minimum, information on the proper disposal of Garbage, Recyclables, and Compostables; City retail rates information; disposal options for difficult -to -recycle items and Hazardous Waste; collection guidelines; Contractor contact information; and any other pertinent information. The Contractor shall post a PDF version of the updated booklet on its website by no later than December 31 of each year. Contractor outreach specialists shall visit each Commercial Customer that requests new Recyclables or Compostables services before Containers are delivered to discuss service location and training and outreach for onsite staff. The Contractor shall inspect all Commercial Recycling and Compostables Containers annually for contamination. The Contractor shall also provide targeted outreach and custom-tailored consultations to Commercial Customers with low waste diversion and/or contamination issues. Field inspections shall be tracked and used to create custom direct outreach which may include mailed letters, in -person 37 trainings/presentations, door-to-door tenant education, or other outreach methods. The Contractor shall also provide photocentric flyers, stickers, signage, door hangers, and other materials needed to support outreach and education. The Contractor shall track program results and report them to the City monthly. Outreach plans, consultations, and associated collateral must be approved by the City. The Contractor shall, at the City's request, address concerns, address space or contamination problems, and offer additional education or training to Commercial Customers. The Contractor shall coordinate with Commercial Customer site managers or owners to provide outreach to tenants in multi -tenant buildings, office parks, and strip malls and similar situations where Contractor services are shared among tenants. The Contractor shall do this either upon request and/or to facilitate increased Recycling or Recyclables and/or Compostables contamination reduction goals. The Contractor's educational efforts to Commercial Customers shall include offering to perform no -cost waste audits to determine areas that need improvement; training of business staff, tenants, and property management staff; developing and covering the cost of providing stickers or laminated signage for interior collection containers; and delivering recycling guide flyers to the Commercial Customers or their tenants, as requested by the Commercial Customer, a commercial tenant, or the City. The Contractor shall coordinate and work cooperatively with City staff and/or consultants hired to conduct outreach and education and provide technical assistance. The Contractor is expected to take action when responding to contamination of Recyclables or Compostables at Commercial properties. A combination of these actions shall be appropriate in cases where contamination is readily apparent prior to emptying Containers at the property: • Immediately provide the City with photo documentation of the contamination, along with a record of Container size, location within the Commercial property, and other pertinent information. • With City notification/coordination, work with the Commercial property to create a specifically tailored Recycling and/or Compostables service plan (establishing service volume and Container location/access needs, auditing service levels/frequency/schedule, and verifying and monitoring related changes), as well as provide follow-up outreach as needed to achieve optimal participation and compliance. • Consider installation and/or use of lock bars/locks, specialized lids with slots for Detachable Container lids, and adjusting Container size, placement/location, or service frequency in manners intended to reduce or eliminate contamination of Recyclables and Compostables. • Distribute outreach materials as needed, canvass door-to-door, and provide related on -site assistance to property management, maintenance staff, and residents as needed. 10.4 Outreach at City -sponsored Community Events The Contractor shall provide in -person Customer education at up to four (4) City -sponsored community events each year. The events shall include Renton River Days and up to three (3) additional events, as determined by the City. Education shall include, but is not limited to, information about which Recyclables and Compostables are accepted in Containers. 11 CITY SERVICES M. 11.1 Municipal Services The Contractor shall provide weekly Garbage, Recyclables, and Compostables collection to all City facilities as a part of this Contract and at no additional charge. Those facilities include the following: Facility Address Airport Renton Field, 600 Perimeter Rd. W. Cedar River Dog Park 1500 Houser Way S. City center parking garage 655 S. Second St. City hall 1055 S. Grady Way Community center 1715 Maple Valley Hwy. Gene Coulon Memorial Beach Park 1201 Lake Washington Blvd. N. Henry Moses Aquatic Center (waste only collected June through September) 1719 Maple Valley Hwy. History museum 235 Mill Ave. S. Maplewood Golf Course 4050 Maple Valley Hwy. Senior activity center 211 Burnett Ave. N. Shop for facilities and trails 713 N. First St. Shop for parks 1100 Bronson Way N. Shop for public works 3555 NE Second St. At any time during the term of this Contract, the City may add facilities to those listed above. Additional City facilities added during the term of the Contract shall also be provided collection, including new facilities developed within the Service Area and City facilities in future annexation areas covered by this Contract, provided that no more than six (6) additional facilities are added over the Term of the Contract without additional compensation to the Contractor. Regular Garbage, Recyclables, and Compostables generated on an ongoing basis at all City facilities in the ordinary course of their operations, whether generated by staff or third parties (e.g., community groups renting a space at a community center) will be collected by the Contractor without charge to the City. This includes extra Compostables collection for vegetative storm debris generated at City facilities and as needed collection of Recyclables Carts used for ad hoc office clean outs at city hall. In cases in which Garbage, Recyclables, or Compostables are generated through the performance by third -parties of services for the City outside of the normal operation of a municipal facility, the Contractor may charge for the collection of such materials following Contractor rates listed in Exhibit B. For example, the Contractor could require the City to pay for the disposal of debris generated by replacing the roof of one of the City's facilities. Tenants of a municipal facility may be charged by the Contractor under this Contract for the collection from them of associated Garbage, Recyclables, and Compostables. The City will inform the Contractor of all tenants of City facilities that should be charged separately from the City. 11.2 City -Sponsored Community Events The Contractor shall provide Garbage, Recyclables, and Compostables services for City -sponsored events at no charge to the City or event users. Container capacity shall be coordinated with City event staff to 39 ensure that the Contractor provides sufficient capacity and collection frequency. City -sponsored events include but are not limited to: Event Frequency Renton River Days Once per year, last weekend of July Employee appreciation picnic Once per year Neighborhood picnics Up to 15 per year Community garden (compostables collection only) Weekly, April through September Renton Farmers Market (compostables collection only) Weekly, June through September At any time during the term of this Contract, the City may add more sponsored community events subject to the Contractor's approval for conflict of interest and compliance with laws, provided that if the City adds more than two (2) additional annual events, the Contractor may negotiate compensation for providing collection services for those additional events. The Contractor shall provide Customer education via a staffed outreach booth at up to four (4) City - sponsored community events per year, as described in Section 10.1. 11.3 City Drop-off Collection Events The Contractor shall support the City by staffing up to three (3) special drop-off collection events per year for residents at no additional charge. At each event, the Contractor shall provide Drop -boxes and staffing for collecting up to three (3) types of recyclable items as requested by the City. 11.4 Public Sidewalk Containers The Contractor shall provide collection for up to one hundred twenty-five (125) public sidewalk Garbage Containers and up to twenty-five (25) public sidewalk Recyclables Containers within the Service Area at no charge to the City. The City's current public sidewalk Containers are shown in Exhibit E. Public sidewalk Garbage Containers shall be collected as Garbage, and public sidewalk Recyclables Containers shall be collected as Recyclables. The Contractor shall collect overflow and excess wastes adjacent to these sidewalk Containers. The City shall procure and install any new sidewalk Garbage and Recyclables Containers. The Contractor shall procure and provide replacement rigid plastic liners for Containers with missing or significantly damaged liners. The Contractor shall collect public sidewalk Containers on the schedule set by the City for each Container. Collection frequency for each Container may vary between five (5) times per week and every other week, at the City's option. The Contractor may collect Containers on Commercial or Residential routes, provided that the Contractor times their collection to minimize disruptions to traffic flow and does not service the Containers during peak traffic times. The Contractor shall provide scheduled and On -call collection for these Containers at no charge to the City. If the city requests immediate collection of an overflowing Container, the Contractor shall collect that Container on the same day of notification, provided that the City provides notification before 5:00 p.m. 40 12 CUSTOMER SERVICE 12.1 Customer Service Functions The Contractor shall be responsible for providing all Customer Service functions, including, but not limited to: 1. Answering Customer phone calls, letters, and electronic communications; 2. Requesting (at start of service) Customers' preference for notification of service changes via outdialer calls, texts, emails, or mobile app alerts; 3. Asking Customers at start of service their preference for receiving Contractor's welcome packet via mail or email; 4. Informing Customers of current, new, and optional services and retail rates; 5. Handling Customer subscriptions, service changes, and cancellations, including applying a once per year waiver of Customer retail fees for service level changes; 6. Supporting the City in resolving Extra Unit charge appeals from Customers; 7. Including all changes to Customer accounts, including holds and service levels, in export files to City; 8. Receiving and resolving Customer complaints, including responding to missed collection services; 9. Recording credits applied to Customer accounts for service corrections, service failure under Sections 4.1 or 4.17, or other adjustments; 10. Dispatching Drop -box Containers, temporary Containers, and special collections; 11. Maintaining and updating regularly as necessary a user-friendly internet website; and 12. Maintaining and updating regularly as necessary a user-friendly mobile app. These functions shall be provided at the Contractor's sole cost, with such costs included in the Contractor's rates set forth in Exhibit B. To support Customer Service functions, the Contractor shall maintain a system to track Customer interactions, monitor Customer subscription levels, record excess Garbage collected, and charge for additional services requested and delivered. This system shall maintain a Customer's historical account data for not less than six (6) years from the end of the fiscal year following current Washington State record retention laws and with the City's record retention policy, whichever is greater. Data shall be kept in a manner that is instantaneously accessible to Customer Service representatives needing to refer to Customer Service data and history. 12.2 Full Knowledge of Garbage, Recyclables, and Compostables Programs Required The Contractor's Customer Service representatives shall fully know all collection services available to Customers, including those available to Single-family Residence, Multifamily, and Commercial Customers. For new Customers, Customer Service representatives shall explain all Garbage, Recyclables, and Compostables collection options available depending on the sector from where the Customer is calling. For existing Customers, the representatives shall explain new services and options and resolve Customer concerns including, but not limited to collection, missed pickups, Container deliveries, and Recycling options for items not accepted by the Contractor. Customer Service representatives shall be trained to inform Customers of Garbage, Recyclables, and Compostables preparation specifications. The Contractor will forward City -related policy questions to the City. 41 The Contractor shall provide the City with internal Customer Service representative training and support information specific to the City to allow the City to review and check information provided to Customer Service representatives and, in turn, provided to Customers. The Contractor's Customer Service representatives shall have instantaneous electronic access to Customer Service data and history to assist them in providing excellent Customer Service. Any revisions to these materials shall be approved in writing (email is acceptable) by the City before being used by Customer Service representatives. 12.3 Customer Service Location, Hours, and Staffing The Contractor's call center for Renton customers shall be open and available with Customer Service representatives during Call Center Hours, defined as 7:00 a.m. to 7:00 p.m. Pacific time for Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturday. Holiday closures for the Contractor's call center will be limited to collection holidays described in Section 4.7. Customer calls shall be taken during these Call Center Hours by a person, not by voicemail. Outside of these Call Center Hours, the Contractor shall have an answering or voicemail service available to record messages from all incoming phone calls. The Contractor shall provide a local Customer Service number, with a Renton exchange, and be able to uniquely track Contract answering performance on that line. The Contractor shall maintain a twenty-four (24) hour emergency phone number for use by the City. The Contractor shall have a representative, or an answering service to contact such representative, available at such emergency phone number for the City's use during all hours, including normal Office Hours, defined as 8:00 a.m. to 5:00 p.m. Pacific time, Monday to Friday. Inability to reach the Contractor's staff using the emergency phone number shall be cause for performance fees under Section 16.1. During Call Center Hours, the Contractor shall maintain sufficient call center staff to promptly answer and handle Customer complaints and service requests, including complaints and service requests made by methods other than phone, such as letters, text messages, and electronic messages. If staffing is deemed insufficient by the City to handle Customer complaints and service requests promptly, the Contractor shall increase staffing levels to meet performance criteria. The Contractor shall provide additional staffing during the Transition and Implementation Period, especially from six (6) weeks before the Date of Commencement of Service, through the end of the fourth (4th) month after the Date of Commencement of Service, to ensure that sufficient staffing is available to minimize Customer waits and inconvenience. Staffing levels shall be subject to the City's prior review and approval during the Transition and Implementation Period. The Contractor shall receive no additional compensation for increased staffing levels during the Transition and Implementation Period. 12.4 Customer Complaints and Service Requests In a computerized daily log, the Contractor shall record all complaints and service requests, regardless of how received, including date, time, service address, Customer's name (if the Customer is willing to give this information), and method of message transmittal. The Contractor shall also record the nature, date, and manner of resolution of the complaint or service request. Any calls received through the Contractor's non -Call Center Hours voicemail or answering service shall be recorded in the log no later than the following business day. The Contractor shall make a conscientious effort to respond directly to the Customer and resolve all complaints within one (1) business day of the original phone call, letter, or 42 electronic communication. The Contractor shall respond to all service requests within the times established throughout this Contract. If a longer response time is necessary for complaints or requests, the reason for the delay shall be noted in the log, along with a description of the Contractor's efforts to resolve the complaint or request. The Customer Service log shall be available for inspection by the City, or its designated representatives, during the Contractor's Office Hours and shall be in a format approved by the City. The Contractor shall provide a copy of this log in an electronic format from the Microsoft Office suite (or another City - approved format) of software to the City with the monthly report. 12.5 Handling of Customer Calls The Contractor's Customer Service representatives shall answer all incoming phone calls promptly and courteously, with an average answer speed of less than thirty (30) seconds. No phone calls shall be placed on hold for more than two (2) minutes per occurrence monthly, and no more than ten percent (10%) of incoming phone calls shall be placed on hold for more than twenty (20) seconds. A Customer calling into the Customer Service phone lines and placed on hold shall hear messages applicable to services provided under this Contract that do not mislead Customers. A Customer shall be able to talk directly with a Customer Service representative when calling the Contractor's Customer Service phone number during Call Center Hours without navigating an automated phone answering system. Customer Service representatives shall provide accurate and applicable information and shall not provide confusing, inaccurate, or misleading information. An automated voicemail or phone answering system may be used outside Call Center Hours. 12.6 Customer Service Monitoring and Corrective Measures The Contractor shall have a program in place to monitor and evaluate the quality of customer service and to determine overall Customer satisfaction with the Contractor's services. Monitoring and evaluation methods may include random Customer surveys, periodical monitoring of customer service, call monitoring by supervisors, call management reports, and other methods. The Contractor shall monitor its program and ensure that high levels of customer service are demonstrated throughout the contract period. A record of all monitoring and evaluation programs shall be maintained and forwarded to the City upon request. Upon the receipt of Customer complaints regarding busy signals or excessive delays in answering the phone, the City may request the Contractor submit a plan to the City for correcting the problem. The City must approve the plan. During the Transition and Implementation period, the Contractor shall have seven (7) calendar days to implement corrective measures. After the Transition and Implementation Period, the Contractor shall have thirty (30) calendar days to implement the corrective measures. Corrective measures shall be implemented without additional compensation to the Contractor. Failure to provide corrective measures shall result in possible performance fees according to Section 16.1 assessed against the Contractor. 12.7 Contractor Website The Contractor shall maintain a mobile -friendly website containing information specific to Renton's collection programs, including the following information at a minimum: 43 1. Contact information, noting available hours for each contact method; 2. Collection schedules; 3. Current day of collection map; 4. Material preparation requirements; 5. Available services and options; 6. Customer rates and fees for all sectors and services; 7. Holiday schedules and resulting delays in collections; 8. Weather disruption and recovery hub page with banners linking from regular service pages; 9. Current education and outreach materials; 10. Translation options are available; and 11. Other relevant service information for its Customers. The Contractor's website shall provide the following functions for Customers: 1. Obtain day -of -service information; 2. Report issues and receive a tracking number or other method to monitor progress on their issue; 3. Connect and speak to a Customer Service agent; 4. Chat/instant message with a Customer Service agent rather than talk if desired; 5. Manage services; and 6. Switch service levels or order additional services; Electronic Customer Service requests shall be answered within one (1) business day of receipt. The Contractor shall provide a knowledgeable and proficient communications manager among its local staff responsive to the City's request(s) for changes to the Contractor's website. The website design shall be usability tested and then submitted to the City for approval a minimum of three (3) months before the Date of Commencement of Service of this Contract and then changes shall be subject to the City's prior approval throughout the term of this Contract. The website shall be accessible to Customers with impaired vision and comply with the current international standards maintained by Website Content Accessibility Guidelines. Changes requested by the City consisting of textual messages only shall be implemented within seventy- two (72) hours of the time of the request(s). Changes requested by the City of a textual nature that is related to an emergency or time -sensitive situation (such as an inclement weather event, windstorm, or event preventing access to a Customer's regular place of Container set -out) shall be implemented as soon as possible but not more than three (3) hours from of the time of the request. Changes requested by the City that include a graphical component must be implemented within five (5) business days of the time of the request. The Contractor website shall provide timely updates to the website and links to the City's website, regularly checking that all links are current. The website shall include the information requested by the City translated into Spanish and Vietnamese. The Contractor shall provide translations for additional language communities with significant limited English proficiency, as identified and requested by the City. Upon the City's request, the Contractor shall provide a website utilization report indicating the usage and communication preferences. The Contractor shall collect only the Customer information necessary to perform Contracted solid waste collection functions from websites, applications, and any other electronic media used by Customers. To 44 the extent permitted by applicable law, any Customer data collected while performing functions of this Contract shall be provided to the City upon request but shall not be sold or otherwise provided to any other party. Failure to include accurate information and/or required information on the Contractor's website shall be cause for performance fees as described in Section 16.1. 12.8 Customer Communications All Customer communications shall be reviewed and approved by the City before distribution. This includes messaging in outdialer recorded messages, e-newsletters, email marketing, social media, website, mailed materials, printed materials, prepared emergency messages, and other avenues of planned communications. The City and the Contractor recognize that Customer preferences for their method of communication may change during the Term of this Contract and agree to adjust Customer Service expectations to match Customer preferences. For example, if call traffic to the Contractor's phone -based call center reduces over time and is supplanted by an increase in texting, the Contractor shall shift staff resources accordingly to ensure high levels of Customer Service. The Parties agree to review Contract requirements periodically and negotiate in good faith any desired improvements to the Contract service standards related to Customer Service delivery. The Contractor is responsible for publicizing the different modes of communication available to Customers, including phone and electronic communications. 12.9 Service Holds Customers may request service holds when their property will be unoccupied for at least thirty (30) calendar days. The Contractor shall not grant a service hold lasting more than six (6) months. Extensions beyond the six (6) month hold require prior authorization from the City and will be considered on a case - by -case basis. During holds, the Contractor must cease all collection services and shall not charge for service. To request holds, Customers must contact the Contractor before their vacation or vacancy has started. If Customers want to renew holds, they must contact the Contractor again. If Customers request a hold once their vacation or vacancy has started, Customers must provide the Contractor with proof of unoccupied use, such as City demolition permits, water bills demonstrating no water use, or electricity bills demonstrating no power usage. The Contractor shall include information about Customer service holds in the data files that the Contractor sends to the City, as described in Section 13.4. 12.9.1 Vacation Holds Vacation holds are allowed for Single-family Customers who will be away from their residences for at least thirty (30) calendar days. If a Customer has vacation holds totaling six (6) months within a twelve (12) month period, the Contractor must not grant the Customer any further vacation holds within that year. 12.9.2 Vacancy Holds Vacancy holds are allowed for Customers whose residence or place of business is vacant due to circumstances such as a demolition or an extensive remodel. To place a vacancy hold, Customers must submit a vacancy hold request form to the Contractor. If the Customer requesting a vacancy hold is also 45 a City water customer, the Customer needs to have their water meter locked for the duration of the vacancy hold. 13 CUSTOMER BILLING AND RATES The City shall set Customer retail rates, bill all Customers, and collect all retail payments for all services. The Contractor shall not bill Customers for any services. The Contractor shall provide Customer Service as described in Section 12, including tracking service levels and changes, recording requested and extra services, and indicating credits and service adjustments. The City shall pay the Contractor for services performed and pay all Garbage disposal costs, Hazardous Waste Management Program fees, and relevant utility taxes. 13.1 Customer Rates The City manages a solid waste utility fund and sets Customer retail rates by municipal ordinance, in accordance with the City's rate policies as needed to fund City obligations. Those obligations include paying the Contractor for collection services, paying for Garbage disposal, and funding other functions related to the City's solid waste system. The City's setting of retail rates is separate and distinct from the Contractor compensation described in Section 15. 13.2 Contractor and City Data Exchange The City and Contractor shall exchange routine Customer account and service data files in a format and schedule that is compatible with the City's and Contractor's systems and procedures. These file formats and transfer procedures are described below but will be specified in more detail in the Operations Plan and may change during the term of the Contract, and any additional costs shall be accommodated by the Contractor at its sole cost. The Contractor shall be required to have procedures in place to back up and minimize the potential for the loss or damage of service data (such as Customer service levels, Container counts at each service level, Customer requests, and extra services). The Contractor shall ensure that, at a minimum, a daily backup of the service data is made and stored off -site. The Contractor shall also provide the City with a copy of the service data sorted by Customer sector via email, FTP site, or electronic media upon request. 13.3 City Data Files 13.3.1 City New Accounts The City shall set up all new Customer accounts and email the Contractor daily with a list of all newly opened or closed Customer accounts. 13.3.2 City Monthly Services Summary Each month, the City shall generate from its billing system a detailed listing of all Customer accounts opened or closed in the prior month and a summary report of the number of Customer accounts at each Single-family service level, as listed in Exhibit B. By the end of the fifteenth (15t") day of each month, the City shall submit this report to the Contractor. The Contractor shall use this report to generate a monthly bill to the City and to verify the number of Customer accounts and Containers at each service level. 46 The City -generated report shall be in a format compatible with the Contractor's account management system. The Contractor shall compare the Contractor's and City's Customer service level and Container counts each month. If there are discrepancies between the City's and Contractor's records, the Contractor shall resolve these discrepancies with City Utility Billing staff within the billing period. The City shall provide a complete list of current City solid waste accounts on request. 13.4 Contractor Data Files 13.4.1 Contractor Weekly and Monthly Extra Services Files The Contractor shall submit by 8:00 a.m. on the Wednesday of each week and second business day of each month a data file of extra charges, recorded during the previous week and month. These extra charges include, but are not limited to, charges for Extra Units of Garbage, Garbage Container lids raised six inches (6") or more, overweight Containers, roll -out services, Bulky Waste pick up, and Container cleaning. These weekly and monthly submittals must be sorted by the City's billing cycles, in individual files by cycle. The file format shall be specified in the Operations Plan and include • Customer name • Service address • Contractor account number • City account number • Type of requested service • Amount of requested service • Quantity of Extra Units of Garbage as applicable, • Other relevant extra services • Other data fields as needed 13.4.2 Contractor Weekly and Monthly Service Level Changes and Adjustments The Contractor shall receive all Customer service change information directly from existing Customers and log the changes. The City may also receive this information from Customers and shall forward all such service change requests to the Contractor. The Contractor shall submit by 8:00 a.m. each Wednesday and the second business day of each month a data file of Customer service changes recorded during the previous week and at the end of each month for changes recorded for the previous month. The file format shall be specified in the Operations Plan and contain: • Customer name • Service address • Contractor account number • City account number • Date account changed • What service level was changed to • Service code • Reason for change, such as service suspension or hold • Description of change • Other fields as specified The Contractor shall work with Customers and the City regarding service disputes which affect billing and determine whether credits, payments, or other adjustments are due to the Customer and/or City. 47 The Contractor shall submit a report of all adjustments to Customer accounts to the City on a weekly basis. 14 COORDINATION WITH CITY 14.1 City Customer Service The Contractor shall maintain a local staff with management -level authority to provide a point of contact during Office Hours for the majority of inquiries, requests, and coordination covering the full range of Contractor activities related to this Contract. Duties include, but are not limited to: 1. Assisting Contractor staff with promotion and outreach to Single-family Residences, Multifamily Customers, Commercial Customers, and special events; Serving as an ombudsperson, providing quick resolution of Customer issues, complaints, and inquiries; and Assisting the City with program development and design, research, response to inquiries, and troubleshooting issues. A Contractor -designated service expert and a Contractor -designated billing expert shall be accessible by City staff to address emerging problems as needed and shall return messages (phone, mobile messaging, or email) within four (4) hours of the City's leaving or sending a message during Office Hours or by noon on the next business day if after Office Hours. The Contractor shall provide a current list of key staff for Contract -related coordination in the monthly report, as stated in Section 14.7. Contract -related staff for both Parties shall provide automated out -of -office replies if not available to respond. Should the Contractor fail to meet the City's expectations for Customer Service as described herein, the Contractor shall be assessed performance fees under Section 16.1. 14.2 Monitoring and Evaluation of Operations The Contractor's supervisory and management staff shall be available to meet with the City in person or via phone/video conference, at the City's option, weekly during the Transition and Implementation Period and monthly throughout the term of the Contract to discuss operational and Contract issues. The Contractor shall continually monitor and evaluate all operations to ensure that compliance with the provisions of this Contract is maintained. The City may periodically monitor collection system parameters such as participation, Container condition, Container weights, and waste composition. The Contractor shall assist and fully cooperate with the City by coordinating the Contractor's operations with the City's periodic monitoring to minimize inconvenience to Customers, the City, and the Contractor. The Contractor also shall provide full access to operations, equipment, owned and contracted processing facilities, route and Customer Service data, safety records, and other applicable information. City staff shall be allowed to visit operation or processing sites or participate with ride alongs on collection routes. The City's review or visit of Contractor sites, activities, and records shall occur during normal office or operational hours and be accompanied by Contractor staff. The City shall provide one (1) week advance notice, unless conditions require a more urgent review or visit. W. 14.3 Operations Plan The City and the Contractor shall review and adopt an Operations Plan by October 31 of each year. Components of the Operations Plan shall include, but are not limited to, protocol and coordination for customer billing and City revenue, other elements of City and Contractor collaboration, current key staff roles, inclement weather, and service interruption and recovery plans. The Operations Plan shall be consistent with all terms of this Contract and annual adoption shall not require a Contract amendment. 14.4 Performance Review Upon reasonable notice to the Contractor, the City may review the Contractor's performance under this Contract. If conducted, the performance review shall include, but is not limited to, a review of the Contractor's performance relative to requirements and standards established in this Contract, including Customer Service standards. The Contractor agrees to fully cooperate with the performance review and work with City staff and consultants to ensure a timely and complete review process. The City shall present the performance review results to the Contractor within thirty (30) calendar days of completion. Should the City determine that the Contractor fails to meet the Contract performance requirements and standards, the City shall give the Contractor written notice of all deficiencies. The Contractor shall have sixty (60) calendar days from receipt of notice to correct deficiencies to the City's satisfaction. If the Contractor fails to correct deficiencies within sixty (60) calendar days, the City may allow the Contractor additional time to comply, accept other remedies for the service failure, or proceed with the contract default process under Section 16.2 of this Contract, at the City's sole option. The costs of the development and implementation of any action plan required under this Section 14.3 to address failures on the part of the Contractor to perform under the terms and conditions of this Contract shall be paid for solely by the Contractor, and the costs of developing or implementing such action plan may not be passed on to Customers or the City. Upon reasonable notice to the Contractor, the City may design and implement an alternative annual Contract compliance monitoring program with or without Contractor performance incentives. If the City desires such a program, the Parties agree to negotiate in good faith the monitoring methodologies used to ensure accurate and unbiased sampling of performance data. The City shall bear the costs of City staff, City -retained consultants, and performance incentives (if used), and the Contractor shall bear the costs of Contractor staff and route costs to perform the monitoring. 14.5 Emergency Response The Contractor shall assist the City in the event of a disaster or emergency declaration. Contractor services shall be provided as soon as practical upon the City's direction and paid at the Contract rates in Exhibit B. At the City's request, the Contractor shall participate in City -led disaster debris response training exercises no more than once every five (5) years. The Contractor shall keep full and complete records and documentation of all costs incurred in connection with disaster or emergency response and include such information in the monthly and annual reports required under Section 14.7. The Contractor shall maintain such records and documentation consistent with the City's prior written approval and any standards established by the Federal Emergency Management Agency (FEMA) and, at the City's request, shall assist the City in 49 developing any reports or applications necessary to seek federal assistance during or after a federally declared disaster. 14.6 Site Planning and Building Design Review Upon request and without additional charge, the Contractor shall make available site planning assistance to the City, current Customers, and potential Customers and shall publicize the appropriate contact information for this function. The site planning assistance shall be available for all new construction or remodeling of buildings and structures within the 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 and other areas shall also be available for existing building managers when realigning Garbage, Recyclables, and Compostables services. 14.7 Reporting The Contractor shall provide monthly, annual, and ad hoc reports to the City. The Contractor report formats may be modified occasionally at the City's request at no additional charge 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, including but not limited to vehicle route assignment and maintenance logs; and certified weight slips from Garbage, Recyclables, and/or Compostables facilities. Reports shall be focused on providing data in an easy -to -read fashion and must include sufficient information to determine that the Contract terms are met. The Contractor shall not include general company promotion in its reports to the City. Data shall be provided directly in the relevant report, preferably in Microsoft Excel. Links to websites or company database functions do not fulfill the requirements of this section. 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, RCW Chapter 42.56, and shall be subject to the provisions of Section 17.7 below. Misrepresentation by the Contractor in records or reporting or failure to provide the required reports on time shall be cause for performance fees as described in Section 16.1. 14.7.1 Monthly Reports The Contractor shall provide a monthly report containing the following information for the previous month by the twenty-first (215Y) calendar day of the following month. Reports shall be submitted in an electronic format approved by the City and certified as accurate by the Contractor. At a minimum, reports shall include clearly labeled and organized data on the following topics: 1. Route Reports 1.1 Tons — Total tons of Garbage, Recyclables, and Compostables collected by collection sector, and disposal or processing destinations for all collected materials. Total Drop -box tons shall be listed separately, along with the total number of Drop -box hauls. Shall include monthly and year-to- date totals. 50 1.2 Recycling Processing — Summary of Recyclables market price per ton per commodity, contamination levels, and processing residues disposed as Garbage. Shall include monthly and year-to-date totals. 1.3 On -call Bulky Waste - Total tons of Bulky Waste collected and disposal or processing destinations for all collected materials, including Recycling facilities for all metal appliances. Shall include monthly and year-to-date totals. 1.4 On -Call Recyclables —Total tons of On -call Recyclables collected and processing destinations for all collected materials, per month and year-to-date. Shall include monthly and year-to-date totals. 1.5 Clean Sweep - Total tons of Garbage collected through "Clean Sweep" program and disposal destinations for all collected materials. Total counts for Single-family Customers using the service. Shall include monthly and year-to-date totals. 1.6 City services - Tons for City's municipal services, with tonnage from special events such as Renton River Days listed separately. Shall include monthly and year-to-date totals. 1.7 Emergency Response - Documentation of services performed and costs incurred in connection with disaster or emergency response. 1.8 Set -out rates — Summary for each Customer sector and waste stream (Garbage, Recyclables, and Compostables) of actual Container set outs. 1.9 Container cleaning —Total Containers cleaned by sector and waste stream. Shall include monthly and year-to-date totals. 1.10 Accidents - List of any vehicle accidents, infractions, and reported spills. Shall include monthly and year-to-date totals. 1.11 Overweight tips - List of overweight loads with related route data as specified in Section 6.1. Shall include monthly and year-to-date totals of overweight collection vehicles. 1.12 Operational changes - Updates on any changes to collection routes, new or replacement trucks, Customer Service, or activities affecting services. 1.13 Low -carbon fuel - Documentation of state -certified low carbon fuel purchases. 2. Customer Services Reports 2.1 Complaint log - Customer complaints, including Customer name, property name (for Multifamily and Commercial Customers), service address, date of contact, complaint, and resolution. 2.2 Missed collection lob — List of all missed collections, including the type of service missed and the address. List of all service addresses where three (3) or more collections were missed within a six (6) month period, including date when credit was applied to the Customer's account for the repeat missed collections. 2.3 Call center performance - Customer service phone system performance for Service Area Customers, including total calls received, total calls answered, average answer speed, percent of calls answered within twenty (20) seconds, total calls placed on hold, percent of calls on hold answered within twenty (20) seconds, percent of calls on hold answered within two (2) minutes, total abandoned calls, abandonment rate (abandoned call divided by total volume of calls), and average time to abandonment. 2.4 Website and app utilization —Total online requests by type and average response times, total app-based requests by type and average response times, total customers paying bills online, and data on website and app usage. 3. Account Reports 51 3.1 Customers - Total Customers by sector, Container size, and service frequency. Each Commercial and Multifamily site shall be counted as one (1) Customer, regardless of whether the site (such as a large Multifamily site with multiple tenant buildings) has multiple accounts. 3.2 Containers - Total Containers by Customer sector, waste stream (Garbage, Recyclables, and Compostables), size, and collection frequency. 4. Outreach and Citv Coordination 4.1 Outreach - Summary of efforts completed, including outcomes, samples of materials, and customer feedback. The Contractor shall not report community engagement, such as attendance at Sound Cities Association meetings, that is not directly related to Customer outreach. 4.2 Site visits - List of Multifamily and Commercial sites visited by Contractor outreach staff with date, property name, property contact, name of Contractor staff conducting the outreach, actions completed, and follow up required. Site visit data should be presented separately for Multifamily and Commercial sites. 4.3 Compost targets - List of Multifamily and Commercial Customers not subscribing to Compostables collection. 4.4 Contamination —Total contaminated Containers by Customer sector and waste stream. 4.5 Lead staff - Current Contractor key staff and contact information for City coordination. If collection vehicles are used to service more than one Customer sector, the Contractor shall develop an apportioning methodology that allows the accurate calculation and reporting of collection volumes and quantities from the different sectors. The apportioning methodology shall be subject to the City's prior review and written approval and periodically verified through the Contractor's field testing. 14.7.2 Monthly Disposal Scale Records The Contractor shall provide detailed scale records upon completion of the Contractor's monthly disposal reconciliation process. 14.7.3 Annual Reports On an annual basis, by the first business day of March, the Contractor shall provide a report containing the following information for the previous calendar year: Recyclables Processing Report 1.1 Tons of outbound Recyclables produced by the processing facility by commodity, with destination countries and products, and total residual Garbage. Percentage of total outbound Recyclables that came from the Service Area. 1.2 Summary of processing costs and average market values of each commodity produced and the blended average value per ton of all Recyclables processed. Description of methodology and data sources used to calculate the quantities and values of each commodity produced. 1.3 Contamination sampling - Summary of inbound contamination levels based on random audit and sampling of Recyclables loads from Single-family, Multifamily and Commercial routes from the Service Area. 2. Composting Processing Report 52 2.1 Tons of compost produced by the processing facility, total residual Garbage estimated to come from Compostables from the Service Area, and estimated percentage of total outbound compost that was sourced from Contractor -collected Compostables from the Service Area. 2.2 Contamination sampling - Summary of inbound contamination levels based on random audit and sampling of Recycling loads from Single-family, Multifamily and Commercial routes from the Service Area. Collection Vehicles - Inventory of current trucks serving Renton, including model, year, make, VIN or serial number, assigned vehicle number, collection sector assigned, and fuel type. The annual reports shall be specific to the City's operations, written in a format appropriate for contract management, and shall not be a generalized listing of Contractor activities in the region or elsewhere. 14.7.4 Ad Hoc Reports The City may request and receive from the Contractor up to six (6) ad hoc reports each year at no additional charge to the City. These reports may include Customer Service database tabulations to identify specific service levels, participation patterns, or similar information. The Contractor shall provide reports in a City -defined format that is compatible with Microsoft software (or other City - approved software) within fifteen (15) calendar days of the request. These reports shall not require the Contractor to expend more than one hundred (100) staff hours per year to complete. 14.7.5 Other Reports If the City requests, the Contractor shall provide daily route information for all service sectors and collection streams to evaluate potential collection system changes during the Contract Term. 14.8 Transition to the Next Contractor The Contractor shall work with the City and any successive contractor in good faith to ensure minimal Customer disruption during the transition period between this Contract and the City's next collection contract. If the City does not elect to retain the Contractor's Containers under Section 6.6, the Contractor shall remove any Containers for all services, or any portion of services provided under this Contract, upon sixty (60) calendar days' written notice from the City. Container removal and replacement shall be coordinated between the Contractor and a successive contractor to occur simultaneously to minimize Customer inconvenience. Upon written request of the City at any time during the term of this Contract, the Contractor shall provide either the City or a successive contractor a detailed customer list, including customer name, contact information, service address, and collection and Container rental service levels to the City in Microsoft Excel format (or another City -approved format) within seven (7) calendar days of the City's request. The Contractor's failure to fully comply with this section shall result in the forfeiture of the Contractor's performance bond at the City's discretion. 53 15 COMPENSATION 15.1 Compensation to the Contractor The City shall pay the Contractor monthly based on the services performed and the Contractor rates in Exhibit B, including separate payments for all Garbage collection, all Compostables services, Single- family Recyclables services, miscellaneous and ancillary services, and other listed rates. Contractor costs for Commercial and Multifamily Recyclables services are embedded in the Commercial and Multifamily Garbage payments. The Contractor rates in Exhibit B also incorporate Contractor costs for processing Recyclables and Compostables, processing or disposing of Bulky Waste, purchasing and delivering Containers, and other costs to perform Contract services. The Contractor shall pay appropriate sales tax upon purchase of all equipment and Containers, and the Contractor shall include those costs in the Contractor rates provided in Exhibit B. The Contractor shall not separately charge sales tax on City invoices for services that include any Container as part of the overall service package. If the City, the Contractor, or a Customer desires solid waste -related services not specifically addressed in this Contract, the Contractor shall propose service parameters and a rate to the City in writing within two (2) weeks of the request, based on adjacent WUTC tariffs. Upon the City's written approval, the Contractor may provide the requested services. The Contractor shall not provide unauthorized services under any circumstance. The City provides senior and/or disabled rate discounts to Single-family Residential Customers meeting the City's eligibility criteria. The Contractor's compensation from the City will not be reduced for those Customers. The City shall not compensate the Contractor for any work done before the Date of Commencement of Service. 15.2 Contractor Invoice and Payment The Contractor shall submit a monthly invoice to the City by the fourth (4th) day of the month for Services provided the previous month. The invoice shall include sufficient detail for each sector, service type and sizes, requested services, extra services, adjustments, credits, and other charges to support a detailed comparison with monthly and weekly service data provided by the Contractor. The City shall pay the Contractor monthly, by the thirtieth (30th) day of the following month. Payment to the Contractor shall be based on the documented and verifiable Contractor collection records provided for that month, as outlined in Section 13. These monthly payments shall comprise the entire compensation due to the Contractor. 15.3 Compensation Adjustments The Contractor's rates shall increase or decrease each year under the following provisions of this section of the Contract. Except as expressly provided, the Contractor shall not adjust or modify Contractor rates due to employee wage increases, changes in Recycling or Compostables processing fees (except as 54 provided for in Section 15.3.2), Garbage collection service level shifts, or other changes affecting the collection system. 15.3.1 Initial and Annual CPI Collection Component Modification Exhibit B lists Contractor rates for calendar year 2026. All Contractor rates shall be adjusted annually pursuant to this section with an initial adjustment beginning April 1, 2027. Subsequent adjustments, including for 2028, shall begin on January 1. The Contractor shall submit in writing and electronic form to the City for review and verification a Rate Adjustment Statement, calculating the new Contractor rates for the next year, on or by August 1 of each year, starting August 1, 2026. Contractor rates shall increase each year by one hundred percent (100%) of the annual percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), All Items, for Seattle -Tacoma -Bellevue, Series ID: CWURS49DSAO (1982-84=100) prepared by the United States Department of Labor, Bureau of Labor Statistics, or a replacement index mutually agreed by the Parties should the foregoing index become unavailable. Adjustments shall be based on the percentage change in the HALF1 index data point for the twelve (12) month period ending in June of the previous year. An example of the CPI-W rate adjustment is provided in Exhibit D. The initial adjustment to Exhibit B Contractor rates, which are listed as 2026 values, shall be effective April 1, 2027 and be equal to the percentage change in the CPI-W HALF1 for the period ending June 2026, relative to the CPI-W HALF1 for period ending June 2025. The annual adjustment to collection and miscellaneous Contractor rates effective January 1, 2028 shall be equal to the percentage change in CPI-W HALF1 index for the period ending June 2027 relative to the CPI-W HALF1 for the period ending June 2026. The CPI-W adjustment shall not exceed six percent (6%) per year. If the CPI-W index series decreases year-to-year, the Contractor rates shall remain unchanged. Bureau of Labor Statistics CPI-W values and the changes to CPI-W as described in this section shall be rounded to five (5) decimal places. Adjustments to Exhibit B Contractor rates shall be made in units of one cent ($0.01). Fractions less than one cent ($0.01) shall be truncated and not be considered. 15.3.2 Changes in Disposal or Compostables Processing Sites If the Contractor is required by the City or another governmental authority to routinely use a Garbage disposal site more than ten (10) miles from the Renton city limits, or if the Contractor is required by the City or another governmental authority to routinely use a Compostables processing site other than that used at the initiation of this Contract, the Contractor shall submit a detailed proposal for the adjustment of the Contractor rates to reflect any additional cost or savings to the Contractor. 15.3.3 Recycling and Compostables Commodity Values The City and the Contractor agree that the Contractor rates in Exhibit B include all Recyclables and Compostables processing and marketing costs, including the cost of disposing of residuals from the sorting and processing of Recyclables and Compostables. The Contractor shall retain revenues gained from the sale of Recyclables. Likewise, a tipping or acceptance fee charged for Recyclables or Compostables shall be the financial responsibility of the Contractor. 15.3.4 New or Changes in Existing Taxes If new municipal, county, regional, or state taxes or fees are imposed, the rates of existing taxes (other than federal taxes) or fees are changed, or new road or bridge tolls necessarily affecting the Contractor's operations under this Contract are imposed after the Date of Execution of this Contract, and the impact 55 of these changes results in increased or decreased Contractor costs over ten thousand dollars ($10,000) in the aggregate annually, the Contractor shall submit a detailed proposal for the adjustment of the rates to reflect any additional costs or savings to the Contractor. The Parties shall enter into good faith negotiations to determine whether compensation adjustments are appropriate for the amount exceeding the ten thousand dollars ($10,000) aggregated threshold (in cases where the threshold applies) and, if so, to determine the amount and the method of adjustment. "New or changes in existing taxes," as contemplated by this section, shall not include changes in the law under Section 15.4. 15.3.5 Changes in Service Provision If the Contractor initiates any changes in how Contract services are provided that reduce Contractor costs and cause adverse Customer impacts in the opinion of the City, the Contractor shall promptly notify the City in writing of such reduced costs, and Contractor rates shall be reduced within thirty (30) calendar days of the subject change so that the City and Customers shall receive the benefit of fifty percent (50%) of the cost savings. Contractor changes in how Contract services are provided that do not adversely affect Customers shall not affect Contractor rates. 15.4 Change in Law The City may adjust Contractor rates due to changes in federal, state, or local laws or regulations; the administrative orjudicial interpretation thereof; or an order orjudgment of any governmental authority not addressed otherwise in this Contract that affects the Contractor's cost over ten thousand dollars ($10,000) in the aggregate annually. The Contractor shall submit a detailed proposal to adjust the rates to reflect any additional costs or savings to the Contractor. It is intended that the Contractor's rates pursuant to this Contract in such a case be adjusted to pass through any resulting additional costs incurred by the Contractor to the City or any savings realized to the Contractor to the Customers or the City. The Parties shall enter into good faith negotiations to determine whether compensation adjustments are appropriate for the amount exceeding the ten thousand dollars ($10,000) aggregated threshold (in cases where the threshold applies) and, if so, to determine the adjustment amount and method. 16 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 specific performance fees for certain infractions and Contract default for more serious lapses in service provision. Section 16.1 details infractions subject to performance fees, and Section 16.2 details default provisions and procedures. 16.1 Performance Fees The City reserves the right to make periodic, unscheduled inspection visits to any Contractor facility, routes, or vehicles used for this Contract, and/or reviews to determine the Contractor's compliance with the provisions and requirements of this Contract. If the City's inspection and/or reviews reveal that the Contractor has failed to perform any duties of this Contract satisfactorily, the City shall present an incident report to the Contractor detailing such unsatisfactory performance. The Parties agree that upon receiving such report, the Contractor shall pay the following dollar amounts, not as a penalty, but as performance fees for failure to perform its duties under this Contract satisfactorily. 56 The City and the Contractor agree that the City's damages would be difficult to calculate in any litigation and that these dollar amounts are a reasonable estimate of the damages sustained by the City as a result of the Contractor's failure to perform its duties under this Contract satisfactorily. The performance fees in this Section 16.1 shall not apply to the service impacts of Labor Disruptions as described in Section 4.17. Separate performance fees apply under those circumstances as listed in Section 4.17. These Section 16.1 performance fees apply even if not specifically listed in other sections of this Contract. Performance fees shall include the following: No. Action or Omission Performance Fee COLLECTION & FLEET 1 Failure to collect missed materials within one (1) $100 per Customer per collection day business day of notification. to a maximum of $500 per vehicle. 2 Three (3) or more missed collections of the same $250 per repeat missed collection in a service address within a six (6) month period. six (6) month period. 3 Missed collection of a block segment of Single-family $250 per block segment if a collection Residences (excluding collections prevented by is performed the following collection inclement weather but not collections prevented by day; $1,000 if not collected by the inoperable vehicles or other disruptions). A block next business day. segment is one side of a street, between cross streets, not to exceed fifty (50) houses. 4 Repetition of complaints on a route after $100 per Customer site, not to notification, including, but not limited to, failure to exceed $500 per vehicle daily. replace Containers in designated locations, missed service, spillage, not locking Containers, not closing gates, not replacing lids, crossing planted areas, or similar violations. 5 Collection before or after the times specified in $500 per vehicle on each route. Section 4.4, except as expressly permitted in writing. 6 Collection as Garbage of non -contaminated Source- $1,000 per Customer per day. separated Recyclables or Compostables in clearly identified Containers, bags, boxes, or bundles. 7 Failure to separate collection of materials from $5,000 per route per day. Service Area Customers from non -Service Area customers. 8 Rejection of Garbage, Recyclables, or Compostables $100 per Customer per day. without providing documentation to the Customer of the reason for rejection. 9 Failure to notify the City and initiate clean-up of $500 per vehicle, per occurrence, plus spilled materials within four (4) hours of Contractor clean-up costs. knowledge of the spill. 10 Failure to clean or collect spilled materials to $500 per vehicle, per occurrence, plus Contract standards. clean-up costs. 57 No. Action or Omission Performance Fee 11 Collection vehicles exceeding weight limits for Public $1,000 per incident. Streets. 12 Failure to maintain Contract -compliant vehicles. $250 per vehicle, up to a maximum of $2,500 per inspection. CONTAINERS 13 Failure to ensure that all Customers have Contract- $5,000 per day, plus $25 per compliant Garbage, Recyclables, and Compostables Container for each incident occurring Containers on or before the Date of Commencement after the Date of Commencement of of Service. Service. 14 Failure to deliver or remove Containers within three $100 per Customer per day. (3) business days of a request to Customers requesting service after the Date of Commencement of Service. 15 Failure to maintain clean, lidded, watertight, $100 per Container. sanitary, and properly painted and correctly labeled Containers. 16 Failure to close Container lid(s) including lids pinned $50 per Container per day. behind Container which prevents closing 17 Failure to replace a leaking Container within one (1) $100 per business day that the business day of notification. Container is not replaced. CUSTOMER AND CITY SUPPORT AND MATERIALS 18 Failure to meet Customer Service answer and on -hold $500 per day. time performance requirements. 19 Failure to meet the customer service standards listed $500 per day until the service in Section 12.5 of this Contract, outside of the standards are met for ten (10) Customer service answer and on -hold time, for two consecutive business days. (2) consecutive months. 20 Failure to provide accurate information to Customers $100 per Customer. by Customer Service staff, including inappropriately directing Customers to contact the City. 21 Failure to include accurate and/or required $250 per day. information on the Contractor's website. 22 Failure to deliver annual Customer guidelines by $500 per sector per day. January 1 23 Failure to complete 50% of Multifamily or $3,000 per occurrence. Commercial outreach targets by December 31 of any year during the Contract term, as identified in Sections 10.2 and 10.3 24 Inability to reach the Contractor via the emergency $250 per day. phone number. DATA, REPORTING, AND OTHER 25 Failure to provide required and responsive weekly $500 per day past the deadline. monthly and annual data files and reports on time. 26 Misrepresentation by the Contractor in records or $5,000 per occurrence. reporting. No. Action or Omission Performance Fee 27 Failure to fulfill Contract requirements not otherwise $100 per incident or day, as addressed. appropriate, plus any cost or damages to the City. Nothing in this section shall be construed as providing an exclusive list of the acts or omissions of the Contractor that shall be considered violations or breaches of the Contract, and the City reserves the right to exercise any and all remedies it may have concerning 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 16.2. Performance fees, if assessed, shall be deducted from City's monthly invoice payment to the Contractor. Performance fees may be levied only if documented in an incident report presented by the City to the Contractor. The Contractor may appeal the performance fees assessed against the Contractor in writing to the City within ten (10) business days of being invoiced for assessed performance fees. The Contractor may present evidence why the amount of the assessed performance fees should be lessened or eliminated. The City's decision shall be final and not subject to further appeal. 16.2 Contract Default The Contractor shall be in default of this Contract if the Contractor violates any material provision. In addition, the Contractor shall be in default of the Contract should any of the following occur, including, but not limited to: 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 the Date of Commencement of Service or for more than five (5) consecutive days at any time during the term of this Contract, except as provided pursuant to Section 4.8 or Section 15.16. 2. The Contractor fails to obtain and maintain any permit, certification, authorization, or license required by the City, King County, or any federal, state, or other regulatory body to collect materials under this Contract or comply with any environmental standards and regulations. 3. The Contractor's noncompliance creates a nuisance or hazard to public health, safety, or the environment. 4. The Contractor disposes of uncontaminated Source -separated Recyclables or Compostables collected from clearly identified Recyclables or Compostables Containers, bags, boxes, or bundles in a landfill or incinerates these materials at an incinerator or energy recovery facility without the prior written permission of the City. 5. The Contractor fails to make any required payment to the City, as specified in this Contract. 6. The Contractor is assessed performance fees under Section 16.1 over fifteen thousand dollars ($15,000) during any consecutive six (6) month period. 59 7. The Contractor fails to resume full service to Customers within twenty-one (21) calendar days following the initiation of a Labor Disruption under Section 4.17. 8. The Contractor fails to maintain, in good standing, surety and insurance required by this Contract as described in Sections 17.4 and 17.5. The City reserves the right to pursue any remedy available at law or in equity for any default by the Contractor. In the event of default, the City shall give the Contractor ten (10) calendar days' prior written notice of its intent to exercise its rights, stating the reasons for such action; however, if an emergency arises (including but not limited to a hazard to public health, safety, or the environment) that does not allow ten (10) calendar days' prior written notice, the City shall promptly notify the Contractor of its intent to exercise its rights. If the Contractor cures the stated reason within the stated period, or initiates efforts satisfactory to the City (in the City's sole discretion) to remedy the stated reason and the efforts continue in good faith, the City may opt not to 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, the City may, at its option, immediately terminate this Contract. If the Contractor abandons or violates any material provision 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) calendar days' notice, may then declare the Contractor to be in default of this Contract and notify the Contractor of the termination of this Contract. The City shall send a copy of the notice to the Contractor and surety on the Contractor's performance bond. Upon receipt of such notice, the Contractor agrees to discontinue the services provided under this Contract promptly. The surety of the Contractor's performance bond may, at its option, within ten (10) calendar days from such written notice, assume the services provided under this Contract that the City has ordered discontinued and proceed to perform the same, at its sole cost and expense, in compliance with the terms and conditions of the Contract and all documents incorporated herein. If the surety on the Contractor's performance bond fails to exercise its option within ten (10) calendar days, the City may complete the Services provided under this Contract or any part thereof, either through a contract with another party or any other means. The City shall be entitled to recover from the Contractor and the surety on the Contractor's performance bond as damages all expenses incurred, including reasonable attorneys' 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. A surety performing under this Contract shall be entitled to payment under this Contract for Contract services provided by the surety and shall otherwise be subject to the same rights and obligations concerning the Contract services furnished by the surety as would be applicable if the Contract services were to be performed by the Contractor. The City's obligation to pay for such Contract services shall be subject to satisfactory performance by the surety and to setoffs or recoupments for sums, if any, owed by the Contractor to the City on account of the Contractor's abandonment or default. If City employees provide Garbage, Recyclables, or Compostables collection, the actual incremental costs of labor, overhead, and administration shall serve as the basis for a charge to the Contractor and the surety on the Contractor's performance bond. .e 17 GENERAL TERMS 17.1 Notices Routine communications between the Contractor and the City's Solid Waste Program Manager shall be conducted via email unless otherwise required under this Contract. All notices referencing change of ownership, non -routine rate requests, litigation, Contract termination, or Contract default shall be sent via email and a physical paper copy. The physical paper copy of the notice shall be personally served or mailed (with postage -prepaid and return receipt requested) and addressed to the Parties as follows, or as amended by either Party: City Solid Waste Program Manager Public Works Department Renton City Hall 1055 S. Grady Way Renton, WA 98057 mheubach@rentonwa.gov City Clerk Renton City Hall 1055 S. Grady Way Renton, WA 98057 CityClerk@rentonwa.gov 17.2 Collection Rights Contractor Throughout the Contract Term, the Contractor shall be the exclusive provider to collect Garbage, Recyclables, and Compostables placed in designated Containers and set out in the regular collection locations within the Service Area subject to this Contract. 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 may cooperate in such enforcement of Contractor -initiated actions (without obligating the City to join any such enforcement or litigation). Such efforts may include activities as the City determines that its staff time reasonably allows. When asked by the Contractor, to the degree that the City finds it reasonable, the City may make efforts to protect the Contractor's exclusive rights under this Contract; however, the City shall not be obligated to instigate, join in, or contribute to the expense of enforcement or litigation to protect the Contractor's exclusive rights unless the City determines that the institution of or joinder in such litigation is necessary or in the City's best interest. This Contract provision shall not apply to Garbage, Recyclables, or Compostables self -hauled by the generator; self -hauled street sweeping debris from City operations; self -hauled debris by private clean- up services; source -separated materials hauled by common or private carriers (including drop-off 61 Recycling sites); or construction and demolition waste hauled by self -haulers or construction or demolition contractors in the normal course of their business. The Contractor shall retain the right and cover all costs to dispose of, process, and market Recyclables and Compostables once these materials are set out for collection in Containers. The Contractor shall retain revenues gained from the sale of Recyclables or Compostables. The Contractor's financial responsibility shall be a tipping or acceptance fee for Recyclables or Compostables. 17.3 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 seven (7) years thereafter, maintain in an office within thirty (30) miles of the Service Area for storing Contract records that are prepared following 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, subject to the same protections of the Contractor's financial or other proprietary information set forth in Section 17.7. 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. 17.4 Insurance The Contractor shall procure and maintain for the Contract Term insurance that meets or exceeds the coverage set forth below, as determined in the City's sole reasonable discretion at the Contractor's expense. The Contractor's maintenance of insurance under this Contract shall not be construed to limit the Contractor's liability to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. 17.4.1 Minimum Scope of Insurance The Contractor shall obtain insurance that meets or exceeds the following of the types described below: 1. Automobile Liability insurance covers all owned, non -owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. The policy shall include the ISO CA 9948 Form (or its equivalent) for cargo transportation and an MCS 90 Form in the amount specified in the Motor Carrier Act. The policy shall include a waiver of subrogation in favor of the City. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury, and 62 advertising injury, and liability assumed under an insured contract. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from an explosion, collapse, or underground property damage. The "City of Renton" shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy concerning the work performed for the City, using ISO additional insured endorsements CG 20 10 07 04 and CG 20 37 07 04. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State. 4. Contractor's Pollution Liability insurance coverage covers any bodily injury, personal injury, property damage, cleanup costs, and legal defense expenses applying to all work performed under the Contract, including that related to transported cargo. If the Contractor's Pollution Liability insurance is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under the contract is completed. The "City of Renton" shall be named an additional insured under the Contractor's Pollution Liability insurance policy. 17.4.2 Minimum Amounts of Insurance The contractor shall maintain, at a minimum, the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of five million dollars ($5,000,000) for each accident. A combination of primary and umbrella policies may achieve limits. 2. Commercial General Liability insurance shall be written with limits no less than five million dollars ($5,000,000) for each occurrence, fifteen million dollars ($15,000,000) general aggregate, and a two - million -dollar ($2,000,000) products -completed operations aggregate limit. A combination of primary and umbrella policies may achieve limits. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State. 4. Contractor's Pollution Liability insurance shall be written with limits no less than three million dollars ($3,000,000) combined single limit for each pollution condition for bodily injury, personal injury, property damage, cleanup costs, and legal defense expense. 17.4.3 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 for the operations being performed as a part of this contract, 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 to it. The City, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on the Commercial General Liability and Pollution Liability insurance policies in a blanket -form endorsement. 63 2. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom a claim is made or a suit is brought, except concerning the limits of the insurer's liability. 3. Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be canceled except after the Contractor endeavors to provide thirty (30) calendar days prior written notice to the City. Such notice shall be sent directly to the City. If any insurance company refuses to provide the required notice, the Contractor or its insurance broker shall notify the City of any insurance cancellation immediately upon receipt of the insurers' notification. 17.4.4 Acceptability of Insurers Insurance must be placed with insurers with a current AM Best rating of not less than ANIL 17.4.5 Verification of Coverage The Contractor shall furnish the City's Solid Waste Program Manager with original certificates and a copy of the blanket -form amendatory endorsements as required herein, including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Contractor at least thirty (30) calendar days before the Date of Commencement of Service. 17.4.6 Subcontractors The Contractor will require all subcontractors (of any tier) performing work in connection with this Agreement to maintain the following minimum insurance: Workers' Compensation under applicable law or regulation, Employer's Liability with limits of one million dollars ($1,000,000), Commercial General Liability with limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the annual aggregate, and Automobile Liability insurance with limits of one million dollars ($1,000,000). 17.5 Performance Bond The Contractor shall always provide and maintain a valid Contractor's Performance and Payment Bond(s) in a form acceptable and approved by the City for two million dollars ($2,000,000). The bond(s) shall be issued for not less than one (1) year, and the Contractor shall provide new bond(s) to the City no less than sixty (60) calendar days before the expiration of the bond(s) then in effect. The City shall have the right to call the bond(s) in full if its renewal is not confirmed five (5) business days before its expiration. 17.6 Indemnification 17.6.1 Indemnify and Hold Harmless The Contractor shall indemnify, defend, protect, and hold harmless the City, its elected officials, employees, officers, representatives, and volunteers ("City Representatives") from any and all third - party claims or suits and any awards, costs, damages, judgments, liability, or payments resulting from such actions, claims, or lawsuits for damage, harm, injury, pain, or death of any person or damage to property to the extent the same is caused by the actual or alleged negligent acts or omissions, or willful misconduct, of Contractor, its agents, employees, officers or officials, representatives, or subcontractors (of any tier) in the performance of this Contract and any rights granted hereunder, except for the sole negligence of the City. 64 It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for this indemnification. The Parties have mutually negotiated this waiver. The provisions of this section shall survive the expiration or termination of this Agreement, or to the extent such claim or demand is caused by the Contractor's unlawful release of Hazardous Waste in violation of any environmental law in its performance of Services and exercise of any rights granted hereunder. This indemnity under this section includes each of the following to the extent the same is caused by the Contractor's unlawful release of Hazardous Substances in violation of applicable environmental laws: (i) liability for a governmental agency's costs of removal or remedial action for such release by Contractor of Hazardous Waste; (ii) damages to natural resources caused by the Contractor's release of Hazardous Waste, including reasonable costs of assessing such damages; (iii) liability for any other person's costs of responding to such release by the Contractor of Hazardous Waste; and (iv) liability for any costs of investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under any environmental laws caused by the Contractor's release of Hazardous Waste. However, such indemnification shall not extend to any portion of any claims, demands, liability, loss, cost, damage, or expense of any nature, including all costs and attorneys' fees caused by City Representative's willfully tortious or negligent acts or omissions. 17.6.2 Process If any claim for damages is presented to or filed with the City, the City shall promptly notify the Contractor thereof, and the Contractor may, at its election and sole cost and expense, settle and compromise such claim; however, the Contractor shall not settle any such claim without the express written agreement by the City. In the event any suit or action is filed against the City based upon any such claim or demand, the City shall likewise promptly notify the Contractor thereof, and the Contractor shall defend such claim at its sole cost and expense and with legal counsel agreed to by the City, provided, however, Contractor shall not settle any such suit or action without the express written agreement by the City. The City also has the right to defend or participate in defense of any such claim. The Parties have mutually negotiated the provisions contained herein. Solely to the extent required to enforce the indemnification provisions of this section, the Contractor waives its immunity under Title 51 RCW, Industrial Insurance; provided, however, the foregoing waiver shall not in any way preclude the Contractor from raising such immunity as a defense against any claim brought against the Contractor by any of its employees. Inspection or acceptance by the City of any Services performed under this Contract shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims not reduced to a suit and any claims which may be compromised, with the Contractor's prior written consent, before the culmination of any litigation or the institution of any litigation. 65 The provisions of this section shall survive the termination or expiration of this Contract. 17.7 Confidentiality of Information To the full extent the City determines necessary to comply with the Washington State Public Records Act, the Contractor shall make a due diligent search of all records in its possession or control relating to this Contract and the Services, including, but not limited to, email, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event the Contractor believes said records need to be protected from disclosure, it may, at the Contractor's own expense, seek judicial protection. The Contractor shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which the Contractor has responsive records and for which the Contractor has withheld records or information contained therein, or not provided them to the City in a timely manner. The Contractor shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 17.8 Assignment of Contract 17.8.1 Assignment or Pledge of Money by the Contractor The Contractor shall not assign or pledge any of the money due under this Contract without securing each Contractor's sureties' prior written approval and providing at least thirty (30) calendar day's prior written notice to the City of such assignment or pledge together with a copy of each surety's approval thereof. Such assignment or pledge, however, shall not release the Contractor or its sureties from any contractual obligations or liabilities. The requirements of this section shall not apply to the grant of a general security interest in the Contractor's assets to secure the Contractor's obligations under any loan or credit facility entered into by the Contractor or the Contractor's parent. 17.8.2 Assignment, Subcontracting, and Delegation of Duties The Contractor shall not assign or subcontract any of the services provided under this Contract or delegate any of its duties without the City's prior written approval, which may be granted or withheld at the City's sole discretion. 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 (of any tier), or another obligor shall also become responsible to the City for the satisfactory performance of this Contract's Services. The City may impose conditions of approval on any such assignment, subcontracting, or Change of Control, including but not limited to requiring the delivery by the assignee, subcontractor, or another obligor of its covenant to the City to fully and faithfully complete the Services or responsibilities required under this Contract. Additionally, 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. For this Contract, any Change of 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 owner(s) to assume the rights and duties of the Contract and releasing the previous owner(s) of all obligations and liability. 17.8.3 Change of Trade Name If the Contractor wishes to change the trade name under which it does business under this Contract, the Contractor shall provide the name, logo, and colors under which it will be doing business in writing to the City at least thirty (30) calendar days before the effective date of its change of trade name, such trade name shall be changed by an agreed Contract amendment by the Parties and adequate documentation to the City. Within a reasonable period following a change of trade name by the Contractor, all items, logos, articles, and implements seen by the public shall be changed, including but not limited to letterhead, signs, promotional materials, website pages, billing statements, envelopes, Container decals, and other items. Vehicles are the only exception; vehicles must be repainted with a new trade name and any new logo or colors within two (2) years of the effective date of the trade name change. Failure to comply with the terms of this section shall result in performance fees assessed against the Contractor under Section 16.1. 17.9 Laws to Govern/Venue This Contract shall be governed by the laws of the State of Washington both as to interpretation and performance. No conflict of laws shall be considered or applied. Venue shall be the King County Superior Court. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor, or Western Washington District Federal Court. The Contractor hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if the Contractor is a foreign corporation not registered with the State of Washington. 17.10 Compliance with Applicable Laws and Regulations The Contractor shall comply with all federal, state, and local regulations and ordinances applicable to the work under this Contract. Any violation of the provisions of this section shall be considered a material violation of this Contract and shall be grounds for performance fees, cancellation, termination, or suspension of the Contract by the City and may result in ineligibility for further work for the City. The Contractor agrees not to discriminate against any employee or applicant for employment or any other persons in the performance of this Contract because of age, color, creed, disability, gender, gender identity, gender orientation, gender preference, marital status, national origin, race, religion, sex, sexual orientation or preference, or other circumstances as may be defined by federal, state, or local law or ordinance, except for a bona fide occupational qualification. Without limiting the foregoing, the Contractor agrees to comply with the provisions of the Affidavit of Equal Opportunity & Title VI Compliance requirements incorporated herein by this reference. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contractor setting forth the provisions of this nondiscrimination clause. 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 shall indemnify and hold harmless the City from all damages, injuries, or losses assessed for the Contractor's failure to comply with the Acts and Standards issued therein. The Contractor is also responsible for meeting all federal, state, and local health and environmental regulations and standards 67 applying to the operation of the collection and processing systems used in the performance of this Contract. The Contractor is directed to observe all weight -related laws and regulations in performing these services, including axle bridging and loading requirements. 17.11 Permits and Licenses The Contractor and subcontractors shall secure a business license and pay all fees and taxes. The Contractor shall obtain all permits, certifications, authorizations, and licenses necessary to provide the services required herein before the Date of Commencement of Service 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 taxes, workers' compensation, and unemployment benefits. 17.12 Relationship of Parties The City and Contractor intend that this Contract shall create an independent contractor relationship. The implementation of services shall lie solely with the Contractor. No agent, employee, servant, or representative of the Contractor shall be deemed a City Representative as defined in Section 17.8.1 above. 17.13 Contractor's Relationship with Customers The Contractor shall not separately contract with Customers for any services covered under this Contract; however, the Contractor may negotiate separate agreements with Customers for the sole purpose of compactor leasing, payment for Recyclables, or other related services only when 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 Contract. These separate agreements must be in writing and shall in no way expressly or by application supersede this Contract. The Contractor agrees these separate agreements shall not contain durations any longer than the final date of this Contract's Term. Upon the City's request, the Contractor shall provide the City with a detailed list of all such separate agreements with Customers. The City may, at its sole option, regulate similar or identical services in the successor to this Contract. 17.14 Bankruptcy/Receivership It is agreed that if an order for relief in favor of the Contractor is entered in any bankruptcy or receivership case, either voluntarily or involuntarily, in which the Contractor is a debtor, then this Contract, at the option of the City, may be terminated effective on or after the day and time the order for relief is entered. 17.15 Right to Renegotiate/Amend .: The City shall retain the right to renegotiate this Contract or negotiate contract amendments at its discretion or based on policy changes, state statutory changes, county rule changes, state or federal regulations regarding issues that materially modify the terms and conditions of the Contract, including but not limited to any modifications to contracting terms or policies as they relate to county disposal services. The City may also renegotiate this Contract should voters reject any state, county, or city rate or fee associated with the Contract be held illegal or any increase thereof. 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 or developments, such as those identified through a pilot program under Section 4.15, 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 or addendum executed by authorized representatives of the City and the Contractor. 17.16 Force Majeure Provided that the requirements of this section are met, the Contractor shall not be deemed to be in default and shall not be liable for failure to perform under this Contract if the Contractor's performance is prevented or delayed by acts of nature, including but not limited to landslides, lightning, forest fires, storms, floods, freezing and earthquakes, terrorism, civil disturbances, acts of the public enemy, wars, blockades, public riots, explosions, pandemics, governmental restraint or other causes, whether of the kind enumerated or otherwise, that are not reasonably within the control of the Contractor, and are not the result of the willful or negligent act, error or omission of the Contractor; and the Contractor could not have prevented that through the exercise of reasonable diligence ("Force Majeure"). The Contractor's obligations under this Contract shall be suspended, but only for the particular component of obligations affected by the Force Majeure and only for the period during which the Force Majeure exists. The following events do not constitute Force Majeure: strikes, other than nationwide strikes or strikes that by their extent or completeness make the particular goods or services effectively unavailable to the Contractor; work stoppages or other labor disputes or disturbances occurring concerning any activity performed or to be performed by the Contractor; accidents to machinery, equipment or materials; unavailability of required materials or disposal restrictions; or general economic conditions. If, as a result of a Force Majeure event, the Contractor is unable wholly or partially to meet its obligations under this Contract, the Contractor shall notify the City by phone and email, on or promptly after the Force Majeure is first known, followed within seven (7) calendar days by a written description of the event and cause thereof to the extent known; the date the event began, its estimated duration, the estimated time during which the performance of the Contractor's obligations will be delayed; the likely financial impact of the event; and whatever additional information is available concerning the event and its impact on the City and Customers. The Contractor shall provide prompt written notice of the cessation of the Force Majeure. Whenever such event occurs, the Contractor, as promptly and reasonably possible, shall use its best efforts to eliminate the cause, reduce the cost, and resume performance under the Contract. In addition, if, due to a Force Majeure event, the Contractor cannot wholly or partially meet its Contractual obligations, the Contractor shall notify all Customers regarding the disruption in collection service consistent with the notification required in the case of inclement weather under Section 4.8. .• 17.17 Severability/Illegal Provisions If any provision of this Contract shall be declared illegal, void, or unenforceable, the other provisions shall remain in full force and effect. 17.18 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 against 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 exercising the same right on any subsequent occasion or of any other right at any time. 17.19 Incorporation of Contractor's Proposal in Response to City's Request for Proposals The Contractor's proposal, dated , submitted in response to the City's Request for Proposals, is fully incorporated by this reference, including but not limited to collection vehicle types, Customer Service staffing and approach, processing abilities, and other commitments made in the Contractor's proposal and all associated clarifications and supplemental proposal materials or attachments. In the case of conflict between the Contractor's proposal and this Contract, the provisions of this Contract shall prevail. 17.20 Dispute Resolution The Parties shall attempt to resolve all disputes to the mutual satisfaction of both Parties through good faith discussions. Throughout a dispute, the Contractor shall continue providing all Services included in this Contract. Disputes not resolved following other provisions of this Contract or through good faith discussions may be submitted to non -binding mediation before a mediator acceptable to the City and the Contractor. The Contractor shall pay all mediation costs and the City's attorneys' and expert witness fees. The prevailing party in the suit shall be entitled to attorneys' fees in litigation. 17.21 Entirety This Contract and the exhibits affixed hereto and herein incorporated by reference represent the entire agreement between the City and the Contractor concerning 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. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Contract as of the date last signed by the Parties below. CITY OF RENTON By: Armondo Pavone Mayor Date [CONTRACTOR NAME] By: [signer's name] [signer's title] Date 70 Attest Jason A. Seth City Clerk Approved as to Legal Form By: Shane Moloney City Attorney 71 Lake Washington Seattle Mercer Island Tukwila I I a> it CU 0 c to SW 7th St 0 9 le / aw w w Z Z a)(D Q w ¢ m Z Z c > o � Q Z ¢ c > o po j a°o ¢ `c o i o J � � Renton SE 168th St w U) iD petroV�tSkY Ra_ King County N 0 0.5 1 2 Miles � Renton Jurisdiction EXHIBIT B - Contractor Rates (2026$) [Contractor rates will be added in the final contract] B-1 EXHIBIT C - Recyclable Materials to be Collected All Recyclables must be substantially empty, clean, dry, and uncontaminated with food, liquid, hazardous materials, or other residues. Recyclables in Containers Customer Preparation Limitations Aluminum and tin —All food and beverage cans and Secure metal lids in the food or containers. beverage container. Corrugated cardboard —All corrugated cardboard boxes. Flatten boxes and place in or No larger than three feet (T) by three feet (3'); next to Recycling Container. larger boxes shall be cut down to size. Glass containers — All colored or clear glass jars and Remove lids. bottles. Paper —All non -prohibitive mixed paper, including but No shredded paper. not limited to paperboard, colored paper, magazines, catalogs, envelopes, advertising supplements, and soft cover books. Poly -coated and paper containers — All paper and poly - coated cups, cartons, and food boxes. Plastic containers — All colors of plastic bottles, jugs, Remove lids. Plastic containers that held hazardous or toxic tubs, and cups. products, such as motor oil or pesticides, are excluded. Small rigid plastics —All household or lawn and garden No larger than two feet (2') by two feet (2') in rigid plastics. size. No PVC pipes. Small scrap metal — Ferrous and non-ferrous scrap metal. Place in Recycling Container or No more than five percent (5%) non-metal. No box next to Container. sharp items. No larger than two feet (2') by two feet (2'). Not heavier than thirty-five (35) pounds. On -call Recyclables Customer Preparation Limitations Large scrap metal — Ferrous and non-ferrous scrap metal. Call or submit online request at least twenty-four (24) hours before regular service day. No more than five percent (5%) non-metal. Clean wood scraps Untreated and unpainted. Large rigid plastics — Larger household or lawn and garden plastics including buckets, lawn furniture, and other items. Textiles — Used clothing, shoes, and other textiles. Limit two (2) bags per pickup. No textiles that are wet, mildewed, contaminated with Hazardous Waste, or infested with insects such as moths or bed bugs. Small appliances and electronics — Computer equipment No larger than three feet (3') by three feet (3'). and peripherals, VCRs, DVD players, cell phones, No heavier than twenty (20) pounds. C-1 televisions, and other electronic equipment with a circuit board. C-2 EXHIBIT D - Rate Modification Examples [Rate modification examples will be added during final negotiations] D-1 Seattle Tukwila c N 0 0.5 o Mercer Island T 0 m co m O Kent 1 Lake Washington SW 7th St ,,,\Nays �W LU Z Z > > ¢ ¢ Z O c � a°o ¢ 0 :1 a Renton N O O O- N o: 0 9 2 m Miles O SE 168th St w CO le King County petroV �tSkY Ra_ o Garbage Cans Renton Jurisdiction Downtown Area Containers Garbage Cans r ■ i 1 1 � ■► ■ r. • ='� � �1 �•+ � is i ■ � �� : � 405 � � ■ ■ �