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HomeMy WebLinkAboutORD 5801 CITY OF RENTON, WASHINGTON ORDINANCE N0. 5801 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING A CONTRACT WITH RABANCO LTD., DBA REPUBLIC SERVICES OF KENT, FOR COMPREHENSIVE GARBAGE, RECYCLABLES, AND COMPOSTABLES COLLECTION THROUGHOUT THE CITY OF RENTON, WASHINGTON; TERMINATING THE FRANCHISES GRANTED PURSUANT TO ORDINANCE NOS. 5618 AND 5619; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 5618, dated August 8, 2011, the City granted unto Rabanco, Ltd. a franchise for comprehensive garbage, recyclables, and compostables collection within certain annexation areas in the City of Renton; and WHEREAS, by Ordinance No. 5619, dated August 8, 2011, the City granted unto Fiorito Enterprises, Inc. and Rabanco Companies, a franchise for comprehensive garbage, recyclables, and compostables collection within certain annexation areas in the City of Renton; and WHEREAS, all other areas of the City receive garbage, recyclables, and compostables collection services through a contract with Waste Management, Inc., which is currently scheduled to terminate on February 1, 2017; and WHEREAS, the City conducted a competitive process to replace the expiring contract with Waste Management, Inc.; and WHEREAS, through the competitive process, the City selected Rabanco, Ltd., dba Republic Services of Kent, to provide garbage, recyclables, and compostables collection throughout the City of Renton; and WHEREAS, Rabanco, Ltd., dba Republic Services of Kent, represented to the City that it wishes to and has authority to terminate and replace the franchise rights granted by the City in Ordinance Nos. 5618 and 5619 on behalf of the franchisees named therein; and 1 ORDINANCE N0. 5801 WHEREAS, the City and Rabanco, Ltd., dba Repubiic Services of Kent, intend to replace the previous franchise rights granted under Ordinance Nos. 5618 and 5619 with the Comprehensive Garbage, Recyclables, and Compostables Collection Contract attached hereto as Exhibit A; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The Council does hereby authorize the Mayor to enter into the Comprehensive Garbage, Recyclables and Compostables Collection Contract attached and incorporated herein as Exhibit A. SECTION II. Subject to Rabanco, Ltd.'s acceptance of the Comprehensive Garbage, Recyclables, and Compostables Collection Contract, and the existing franchisees' acknowledgement and acceptance thereof, the franchise rights granted under Ordinance Nos. 5618 and 5619 shall be discontinued and replaced as set forth in Exhibit A. SECTION III. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordnance's title. PASSED BY THE CITY COUNCIL this 9th day of May, 2016. �� Jason . Seth, Cj'�y Clerk 2 ORDINANCE N0. 5801 APPROVED BY THE MAYOR this 9th day of May, 2016. , .}�1)•y�,�{�1I:",`�?tai(,,r .i;'. ,.� �.:y�-���e,'/!!/j�� � iy���Cr � �/��jy 1 _ V � ��=+,.j � � �"r Denis Law, Mayor _ �- y�� �:� � ,� �i' �� �� Approved as to form: ,r�. �' ��� �,` �` � ���,, �.._.....,--�;��',�,, `:`'.,,,�''C°�":�;'�� ���<"` �s "i°'i�Illi1�111t�.. �"^�M.�►<���/�µ.y..�j„�_. Lawrence J. Warren, City Attorney Date of Publication: 5/13/2016 (summarv) ORD:1918:4/19/16:scr 3 ��� �i QRDINANCE N0. 5801 EXHIBIT A Comprehensive Garbage, Recyclables and Compostables Collection Contract Between City of Renton and Rabanco, Ltd., dba Repubiic Services of Kent _���. Ordinance No. 5801 CC3M P�EN ENSIVE GARBA� E, RE�Y�LABLES, AN D CG►M Pf�STABLES COI.LECTiC�N ��1 NTRACT City of Renton and R�b� �c� �td.� db� Repub�i� Servi��s �f �,en� _ February 1., 2017 — March 31, 2027 ��„�.,...----- _ CITY QF � 1 �-.;�,M1, -------�..�.--_�� �J� ��� ��°, Ordinance No. 5801 Comprehensive Garbage, Recyclabies, ana Gompostables Gollection Gontract Table of Contents RECITAI.S.....................................................................................................».............,........................1 AGREEMENT.......................................................................................................................................1 DEFINITIONS.......................................................................................................................................2 2.CONi'RACTt)ft REPRESENTATIONS AND WARRANTtES.......................................................................6 3.SCOPE OF WORK.............................................................................................................................7 3.1 GENERAL COLLECTION SYSTEM REQUIftEMENTS..............................................................................................7 3.1.1 Service Area...................................................................................................................................7 3.1.2 Arrnext�tion....................................................................................................................................7 3.13 Service�o Residences on Private Roads and f�rrveways................................................................7 3.2.4 NoursjQays of Colleetion...............................................................................................................8 3..�.5 Employee Conduct.........................................................................................................................8 3,.2.6 Disabled Perscans Service...............................................................................................................9 3.1.7 Holidoy Schedufes..........................................................................................................................9 3.1.8 inclement Weather........................................................................................................................9 3.1.9 Suspending Collectian from P�ablem Customers.........................................................................10 3.1.10 Missed Ca/lections.....................................................................................................................11 3.1.12 Same Day Callection....................................................................�.............................................11 3.I.12 Requirement[o Recycle and Compost ond Quatity Assurante..................................................1T 3..1.I3 Routing, Notifrcation and Apprr�val...........................................................................................12 3.1.14 Vehicle and Equipment TypejRge/ConditianjUse.....................................................................13 3..Z.IS Container Requirements and C7wnership..................................................................................15 3,1.15.1 Garbage,Recyclabies,and Compostables tarts................................................................................................15 3.1.15.2 Detachable Containers and Drop-box Containers.............................................................................................16 8.1.15.3 0wnership..........................................................................................................................................................17 3.1.15A Container Cotars and labeling...........................................................................................................................17 3.1.15.5 Container Weights..............................................................................................................................................18 3.1.15.6 Container Remaval Upon Renton's or Customer Request................................................................_...,..........18 3.1.I6�nvenCory of Vehicles and Facilities...........................................................................................19 3.1.17 Spillage......................................................................................................................................I9 3.1.18 Pilat Programs...........................................................................................................................19 3.1.19 Disruption Due to Canstruction.................................................................................................20 3.1.2f?Contractor Pionning ond Performance Ltnder Labor Disruptian...............................................20 3.1.215ite Ptanning and Building Design Review................................................................................22 3.2.22 Safeguarding PubGc ond Private Focilities................................................................................22 3.1.23 Transition and lmplementntion af Cantract..............................................................................22 3.1.24 Hiring Preference.......................................................................................................................23 3.1.25 Performance Review.........................................................�.....................................,..................23 3.1.26 Cantinual Mc�nitoring and Evaluation of Operations................................................................24 3.1.27Col1ectionjDisposa/Restrictions................................................................................................24 3.1.18 Direct Disposai Payment...........................................................................................................25 3.Z29 Emergency Response..........................................................................................�.........,............25 3.2 COLLECTiON SERVICES..............................................................................................................................25 3.2.1 Single-�'amify Residence Gcrrbage Colfectron...............................................................................25 City a#Renton ii April,2015 Comprehensive Garbage,Recydables,and Compostables Coflectian Cnntract Ordinance No. 5801 Comprehensive Garbage, Recyclables, and Compostables Collection Contract Table of Confents 3.2.1.1 Subject Materiais.................................................................................................................................................25 3.2.1.2 Containers............................................................................................................................................................26 3.2.1.3 Specific Collection Requirements........................................................................................................................26 3.2.2 Single-Family Residence Recyclables Col/ection..........................................................................27 3.2.2.1 Retyclable Materials............................................................................................................................................27 3.2.2.2 Containers............................................................................................................................................................27 3.2.2.3 Specific Collection Requirements........................................................................................................................27 3.2.3 Single-Family Residence Compostab/es Co/lection......................................................................28 3.2.3.1 Subject Materials.................................................................................................................................................28 3.2.3.2 Gontainers............................................................................................................................................................28 3.2.33 Specific Coliection Requirements........................................................................................................................29 3.2.4 Multifamily Comp/ex and Commercia/Customer Garbage Callection........................................29 3.2.4.1 Subjed Materials.................................................................................................................................................29 3.2.4.2 Containers............................................................................................................................................................29 3.2.4.3 5pecific Collection Requirements........................................................................................................................30 3.2.5 Multifamily Complex and Commercial Recydables Collection....................................................30 3.2.S.15ubjed Materials.................................................................................................................................................30 3.2.5.2 Containers............................................................................................................................................................30 3.2.5.3 Specific Coliection Requirements........................................................................................................................31 3.2.6 Mulrifamily Complex ond Commercial Custome�Compostables Co/lectian...............................31 3.2.6.1 Subject Materials.................................................................................................................................................31 3.2.61 Containers............................................................................................................................................................31 3.2.6.3 Specific Collection Requirements........................................................................................................................32 3.2.7 Drop-Box Container Garboge Collection.....................................................................................32 3.2.7.i 5ubjed Materials.................................................................................................................................................32 3.2.7.2 Containers............................................................................................................................................................32 3.2.7.3 Specific Collection Requirements........................................................................................................................32 3.2.8 Temporary(Nan-Evenf)Container Customers............................................................................33 3.2.9 Special Ever�t Services..................................................................................................................33 3.2.10 Renton Services.........................................................................................................................33 3.2.11 Renton-Sponsored Community Events......................................................................................34 3.2.12 On-call Bu/ky Waste Collection..................................................................................................35 3.2.13 Exctuded Services.......................................................................................................................36 3.3 COLLECTION SUPPORTAND MANAGEMENT......................................................................................36 3.3.1 Genera/Customer Service...........................................................................................................36 3.3.2 Specific CustomerService Requirements.....................................................................................36 3.3.2.1 Customer Service Representative Staffing..........................................................................................................37 3.3.2.2 Renton Customer Service.....................................................................................................................................37 3.3.2.3 Service Recipient Complaints and Requests........................................................................................................38 33.2.4 Handling of Customer Calis..................................................................................................................................38 3.3.2.5 Corredive Measures............................................................................................................................................38 33.2.6 Contractor Internet Website................................................................................................................................39 3.3.2.7 Full Knowledge of Garbage,Recyclabies,and Compostables Programs Required.............................................39 3.3.2.8 Customer Communications..................................................................................................................................40 33.2.9 Customer Service Location within Renton...........................................................................................................40 3.3.3 Customer Billing Responsibilities.................................................................................................41 3.3.4 Reporting.....................................................................................................................................43 3.3.4.1 Monthly Reports..................................................................................................................................................43 33.4.2 Annual Reports.....................................................................................................................................................44 3.3.4.3 Ad Hoc Reports.....................................................................................................................................................45 3.3.4.4 Other Reports.......................................................................................................................................................45 tity of Renton iii April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract Ordinance Na. 5802 Comprehensive Garbage, Recyclables, and Gompostables Collection Cantract Table of Confenfs 3.3.5 Promation and Educatinn............................................................................................................45 4.CClMPENSATE{}N ............................................................................»..................................,...........47 4.1 COMPENSATIpN TO THE C�NTRACfQR........................................................................................................47 4.2 COMPENSATIflN AQIUSTMENTS.................................................................................................................4$ 4.21 Annual CPt Modifitation..............................................................................................................48 4.2.2 Changes in Disposal nr Compostables Processing Sites..............................................................48 4.2.3 Other Modifications....................................................................................................................49 A.2,4 New ar Changes in Existing Taxes...........................................................................................................................49 4.2.5 Changes in Service Pravision...................................................................................................................................54 4.3 CHANGE iN IAW......................................................................................................................................SQ 4.4 COMPENSATI4N ADIUSTMENTS APPROVA�................................................................................................SO 5.FAICURE TO PfRFORM,REMEDIES,TERMINATION..........................................................................50 5.1 P£RFORMANCE fEES................................................................................................................................51 5.2 CONTRACT€)EFAUIT...............................................................................................................................5� 6. NQTIGES........................................................................................................................................54 7.GENERAL TERMS...........................................................................................................................55 7.1 COLlECT10N RIGHT..................................................................................................................................SS 7.2 ACCESS TO RECORDS................................................................................................................................SS 7.3 INSUftANCE..........................................................................................................................................�..5� 7.3.1 Minimum Scope af lnsurance...................................................................�..........,.......................56 7.3.2 Minimum Amounfs af Insurance.................................................................................................57 7.3.3 CJther Insurante Provisions..........................................................................................................57 7.3.4 Aaeptability of Fnsurers..............................................................................................................58 7.3.5 VerifiLQtlOfl Of COV�'f0�8..............................................................................................................58 7.3.&Subcontractors............................................................................................................................58 7.4 PERFORMANCE$t�ND..............................................................................................................................58 7,.�INDEMN#FICATION...................................................................................................................................58 7.5.1 lndemnify and Hoid Harmless.....................................................................................................58 7.5.1 Industria!lnsurance lmmunity Waiver........................................................................................59 7.6 CONFIDENTIALITY OF(NFQRMATION.......�...................................................................................................59 7.7 ASSIGNMENT OF CONTRACT......................................................................................................................59 7J.1 Assignment or Pledge of Money by the Contractar....................................................................59 7J.2 Assignment Subcankrocting, De/egation af Duties.....................................................................60 7.73 MERGER OR SALE O�CONTRACTdR OPERATIONS ......................................................................................60 7.H�AWS TO GQVERN�VENUE........................................................................................................................60 7.�CO4ttEPLiANCE W{TN APPLICABIE LAWS ANO REGUi.ATiQNS.............................................................................SQ 7.10 PERMITS ANQ LICENSES..........................................................................................................................61 7.11 RELATIONSHIP OF PARTIES......................................................................................................................61 7.12 CONTRACTOR�S RELATIONSHlP WITN CU5TOMERS..............................................................�........................62 7.13 BANKRUPTCY........................................................................................................................................62 7.14 RIGHTTQ RENEGOTIATE�AMEND.............................................................................................................62 7.15 FORCE MAIEURE..........................�.........,,....................,,......................,..................,.....,....................,..62 7.161LLEGAI PRpVI5tON5................................................�...............................,.............................................63 7.17 WAIV�R...............................................................................................................................................b3 City of Renton iv Aprif,201b Comprehensive Garbage,Recyclables,and Composiables Collection Contract Ordinance No. 5801 Comprehensive Garbage, Recyclables, and Compostabies Collection Contract Tab/e of Contents 7.18 INCORPORATION OF CONTRACTOR'S PROPOSAL IN RESPONSE TO RENTON'S RFP.............................................63 7.19 CANCELLATION OF PREVIOUS FRANCHISES.................................................................................................64 7.20 DISPUTES RESOLUTION...........................................................................................................................64 7.21 ENTiRE7v.............................................................................................................................................64 ATTACNMENTS. Attachment A: Service Area Attachment B: Contractor Rates Attachment C: Recyclables List Attachment D: Rate Modification Example Attachment E: City Litter Receptacles List City of Renton v April,2015 Comprehensive Garbage,Recyclables,and Compostables�ollection Contract Ordinance Na. 5801 The Parties, in consideration of #he promises, representatians, and warranties contained in this agreement and#he RFP,agree as foltows: R�CITAIS WHEREAS, Renton has conducted a competitive process ta selec# a contractor to pravide Garbage, Recyclables, and Compostables collection services to all residents, businesses, and institutions located within the Service Area;and WHEREAS, the Contractor, having participated in the competitive process, acknowledges that Renton conducted a thorough and exhaustive competitive process;and WHEREAS, the Contractor, having participaked in the competitive process, acknowledges that Renton had the right at any time during the process to reject any ar all a#the competitors, regardfess of their proposais or prices;and WH�REAS, having campleted #he competitive pracess, Renton has selected the best candidate to provide the setviees outlined in the competitive process;and WHEREAS, the Cantractor represents and war�ants that it has the experience, resources, and expertise necessary to perform the services as requested in the competitive process;and WHEREAS, Renton desires to enter into this Contract with the Cantractar for the services outlined in the competitive process and included beiow; NOW, TNEREFORE, in consideration of the mutual cavenants, agreements, and promises herein contained,Renton and Contractar do agree as#allows: AGREEMENT This Comprehensive Garbage,Recyclables,and Compostables Collectian Contract(hereafter,"Contract") is made and entered into this day af , 2016 (hereafter the "Date of Execution"�, by and between the City of Renton,a municipal corporation(hereafter"Renton"},and Rabanco Ltd.,dba Republic Services of Kent,a Washington corporation (hereafter"Contractor"). City of Renton 1 Apnt,2016 Camprehensive Garbage,Recyclables,and Compastables Collection Contract Ordinance No. 5801 DEFINITIONS Biliing Operations Plan:The plan developed by Renton and the Contractor to manage Customer billing, ownership and custody of Customer payments and other matters related to the Contractor serving as billing agent for Renton's solid waste utility. 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 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, any item that would be considered Hazardous Waste,or stumps. Cart: A Contractor-provided 20-,32-,45-,64-,or 96-gallon wheeled Container with attached lid suitable for collection,storage, and Curbside placement of Garbage, Recyclables,or Campostables.Carts shall be rodent and insect resistant and kept in sanitary condition by the Contractor at all times. Change of Control: Any sale, merger, the issuance of new shares, any change in the voting rights of existing shareholders,or other change in awnership that transfers 50%or more of the beneficial interest therein from one entity to another. 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 effective date of the Contract 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 and Foodscraps generated by any Residential or Commercial customers. Contractor: �, . :� . : . . which has contracted with Renton to collect, transport, and dispose of Garbage, and to collect, process, market, and transport Recyc{ables and Compostables. Container: Any Food Mini-can, Garbage Can,Cart, Detachable Container,or Drop-box Container used in the performance of this Contract. County: King County in Washington State. Curb or Curbside: Refers to the Customers' property, within five (5) feet of the Public Street or Private Road (or on the sidewalk without completely obstructing the sidewalk, if there is no Customer property within five (5)feet 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 mutual�y agreed to by Renton and Contractor. City of Renton 2 April,2016 Comprehensive Garbage,Recyclables,a�d Campostables Collection Contrad Ordinance No. 5801 Customer: Afi City of Renton users of the Contractor's services provided as provided by this Cantract, including property owners, managers, and tenants. Date of Commencement of Service: February 1, 2017, which is the date that the Contractor agrees to commence the provision of collection and other services as described throughout this Contract. Date of Execution:The date that this Contract is executed by all signatories. DayJDays:Calendar days un(ess otherwise specified. Detachable Container: A watertight metal or plastic container equipped with a tight-fitting cover, capable of being mechanically unloaded into a collection vehicle, and that is not less than one {1) cubic yard or greater than eight(8) cubic yards in capacity. 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: An all-metal loose material or compactor container with ten (10) cubic yards or more capacity that is loaded onto a specialized collection vehicle. fxtra Unit: Excess material that does not fit in the Customer's primary Container, fn the case of Cart services, an Extra Unit is 15-gallons and may be contained in either a plastic bag or Garbage can. In the case of Garbage Containers one(1)cubic yard or more in capacity, an Extra Unit is 96-gallons. Food Mini-can: A water-tight plastic container thirteen (13) gallons in capacity; fitted with two (2) sturdy handles or handholds and fitted with a tight cover. All Food Mini-cans shall be rodent and insect proof and kept in sanitary conditions by their owner at all times. Food Scraps: All compostable pre- and post-consumer food waste, such as whole or partial pieces of produte, meats, bones, cheese, bread, cereals, coffee grounds, or egg shells, and food-soiled paper, such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, or other paper products accepted by the Contractor's selected composting site. Food Scraps shall not include dead animals, plastics, diapers, kitty litter, liquid wastes, ashes, pet wastes, or other materials prohibited by the selected composting facility. The range of materials handled by the Compostables collection program may be changed from time to time upon the mutual agreement of the Parties to reflect those materials allowed by the Public Health — Seattle & King County for the frequency of collection provided by the Contractor. Garbage: All putrescible and non-putrescible solid and semi-solid wastes, including, but not limited ta, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, dead small animals completely wrapped in plastic and weighing less than fifteen (15) pounds, and discarded commodities that are placed by Customers in appropriate Containers, bags, or other receptacles for collection and disposal by the Contractor. Needles or "sharps" used for the administration of inedication can be included in the definition of"Garbage," provided that they are placed within a sealed, secure container as agreed upan by Renton and the Contractor and this handling is consistent with current King County sharps policy. The term "Garbage" shall not include Hazardous Wastes, Source-separated recyclable materials,or Source-separated Composta6les. City of Renton 3 April,2016 Comprehensive Garbage,Recyclables,and tompostables Colledion Contrad Ordinance No. 5801 Garbage Can:A Container that is a water-tight gaivanized sheet-metal or plastic container not exceeding four (4) cubic feet or thirty-two (32) gallons in capacity; fitted with two (2) sturdy looped handles, one on each side; and fitted with a tight cover equipped with a handle. All Containers shall be rodent and insect proof and kept in sanitary conditions by their owner at all times. Hazardous Waste: Any hazardous, toxic, or dangerous waste, substance, or material, or contaminant, pollutant, or chemical, known ar unknown, defined or identified as such in any existing or future local, state, or federal law, statute, code, ordinance, rule, regulati�n, guideline, decree, or order relating to human health or the environment or environmental conditions, including but not limited to any substance that is: A. Defined as hazardous by 40 C.F.R. Part 2613 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act("RCRA")of 1976,42 U.S.C. §6901 et sea•,as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et se4•; 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 ar extremely hazardous by WAC 173-303-040 and regulated as dangerous waste or extremely hazardous waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling, or disposal of wastes and imposing special handling requirements simiiar to those required by Chapter 70.105 RCW;and C. Any substance that comes within the scope of this definition as determined by Renton after the Date of Execution of this Contract. Any substance that ceases to fall within this definition as determined by Renton after the Date of Execution of this Contract shall not be deemed to be Hazardous Waste. King County Disposal System: The areas awned, leased, or controlled by King County, Washington for the disposal of Garbage, or such other site as may be authorized by the current King County Comprehensive Solid Waste Management Plan and the Amended and Restated Solid Waste Interlocal Agreement between Renton and King County. Multifamily Complex: Multiple-unit Residences with three (3) or more units attached or unattached units billed collectively for Garbage collection service. On-call: The provision of specified services only upon direct telephone, written, or e-mailed request of the Customer to the Contractor. Private Road: A privately-owned and maintained way that allows for access by a service vehicle and that serves multiple Residences. Public Street: A public right-of-way used for public travel, including public alleys. Cty of Renton 4 April,2016 Comprehensive Garbage,Recyclables,and Compostables Colledion Contract Ordinance No. 5801 Recycling: The preparation,collectian,transport,processing, and marketing of Recyclables. Recyclables: The materials designated as being part of a Residential or Commercial Recycling collection program,as listed in Attachment C. Renton:The City of Renton, King County Washington.As used in this Contract, use of the term "Renton" may also include reference to the Mayor, or his/her designated representative, and references to staff, streets, rights-of-way,and activities and things referto Renton staff, streets, rights-of-way, and activities and things,when appropriate,and unless otherwise specified. Residence/Residential: A single-family and/or multifamily living space individually rented, feased or owned. Service Area: The service boundaries indicated in Attachment A as of the Date of Commencement of Service,as revised from time to time in accordance with Section 3.1.2. Single-Family Residence: All one-unit houses, duplexes, and mobile homes that are billed 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, Yard Debris, Food Scraps, and other materials. Special Waste: Polychlorinated biphenyl ("PCB")wastes, industrial process wastes, asbestos containing materials, petroleum contaminated soils, treated/de-characterized wastes, incinerator ash, medical wastes, demolition debris and other materials requiring special handling in accordance with applicable federal, state,county or local laws or regulations. Strike Cantingency Plan: The plan the Contractor will develop pursuant to Section 3.1.20 of this Co nt ra ct. Transition and Implementation Plan: The plan that the Contractor wiil develop pursuant to Section 3.1.23 of this Contract. WUTC:The Washington Utilities and Transportation Commission. Yard Debris: Leaves, grass, prunings, branches and small trees. Materiais larger than four(4) inches in diameter or four(4)feet in length are excluded. Bundles of Yard Debris up to two {2)feet in diameter by four(4) feet in length and no more than fifty-five (55) pounds, shall be allowed, and shall be secured by degradable string or twine, not nylon or other synthetic materials. Un-flocked whole Christmas trees cut to less than six(6)feet in height are acceptable. l.TERM OF CONTRACT The Term of this Contract is ten (10) years and two (2) months starting on the Date of Commencement of 5ervice. Renton may, at its option, extend the Contract up to two (2) extensions, each of which shall not exceed two (2) years in duration. Any extension granted shall be under the original terms and City of Renton 5 April,2016 Comprehensive Garbage,Recyclables,and Compostables CoUection Contract Ordinance No. 5801 conditions of this Contract or as the Contract may have been amended at the time of the extension. To exercise the option to extend this Contract, written notice shail be given by Renton to the Contractor not less than ninety(90)days prior to the expiration of the Contract Term or the expiration of a previous extension. 2. CONTRAtTOR REPRESENTATIONS AND WARRANTIES The Contractor represents and warrants to Renton as follows: • Organization and Qualification.The Contractor is duly incorporated,validly existing,and in good standing under the laws of the state of Washington, and has all requisite corporate power and authority to enter into and to perform its obligations under this Contract. • Authority. The Contractor has the authority to execute this Contract, to make the representations and warranties set forth in it, and to perform the obligations of the Contractor under this Contract in accordance with its terms. 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, and this Contract constitutes a valid and legally binding and enforceable obligation of Contractor. • Government Authorizotions ond Consents.The Contractor has or will obtain at its sole cost prior to the Date of Commencement af Service any such licenses, permits, and other authorizations from federal, state, and other governmenta! authorities, as are necessary for the perFormance pf its obligations under this Contract. • Complionte with Caws. The Contractor is not in violation of any applicable laws, ordinances, or regulations, which may impact the Contractor's ability to perform its obligations under this Contract or which may have any impact on Renton.The Contractor is not subject to any order or judgment of any court,tribunal,or governmental agency that impacts its operations or assets or its ability to perform its obligations under this Contract. • Accurpcy 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 or will contain untrue statements of a material fact or omissions of material facts. • lndependent Examination. In accepting these responsibilities, the Contractor represents and affirms that it has made its own examination of 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 is aware of the present placement and iocation of all Containers.The Contractor represents and warranties that it is capable of continuing to collect a11 Containers from their present locations, and that it is capable of 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. Ciry of Renton 6 April,2016 Comprehensive Garbage,Recyclables,a�d tompostables Collection C�ntract Ordinance No. 5801 3.SCOPE OF WORK 3.1 General Coltection System Requirements 3.1.1 Service Area The Contractor shall provide all services pursuant to this Contract throughout the entire Service Area. 3.1.2 Annexation If, during the term of the Contract, additional territory is added to Renton through annexation or other means within which the Contractor has an existing WUTC certificate or other franchise for solid waste collection at the time of annexation, the Contractor shall, from the date of annexation, make collection in the annexed area in accordance with the provisions of this Contract at the unit prices set forth in this Contract. This Contract is in lieu of a franchise as provided in RCW 35A.14.900. The Contractor agrees that their WUTC certificates applicable to those areas (if any) shall be cancelled effective on the date of annexation by Renton. The Contractor expressly waives and releases its right to claim any and all damages or compensation from Renton, its officers, agents, or assigns arising aut of the cancellation of any pre-existing permit or franchise held by the Contractor prior to annexation, and further specifically waives the right to receive any additional compensation or any rights of collection in the newly annexed territory. The term during which the Contractor shall service any future annexation areas shall be seven (7)years from the date of annexation, notwithstanding the term set forth in Section 1 of this Contract. If additional territory is added to Renton through annexation within which the Contractor does not have an existing WUTC certificate or other franchise for Garbage or other collections, then, upon written notification from Renton, the Contractor agrees to make collections in such annexed areas in accordance with the provisions of this Contract at the unit price set forth in this Contract. Renton will indemnify, hold harmless and defend the Contractor from any and all claims, actions, suits, liability, loss, costs, expenses and damages, including costs and reasonable attorneys' fees arising out of the Contractor's service in such annexed territory under this Contract. In the event that additional territory is added to the Service Area,Renton 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 5.1 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. 3.1.3 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. Orive-in charges are to be used only for requested service on Driveways and are prohibited on Private Roads. In the event that 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 impractital due to City of Renton 7 April,2016 Comprehensive 6arbage,Recyclables,and Compostabtes Collection Contract Ordinance No. 5801 distance ar unsafe conditions, the Contractor may request tfiat Renton evaluate on-site conditians and make a determination of the best epproach for providing safe and appropriate service ta the Customer. Rentan's determina#ian shall be finaf, provided that the Contractor shall noE be required to endanger workers,equipmeni,or property. If the Contractor believes that there is a probability of Private Road nr Oriveway damage,the Contractor shall inforrn the respective Customer(sJ and may require a road damage waiver agreeme�t in a form previously approved by Renton. In such event, if the Customer{sj refuse to sign such a road damage waiver, the Contractor may decline to provide service an those Private Roads or Driveways, and the Customer(s) wiil anly be serviced from the cfosest Public Road access. 5uch determination that damage is prabable must be approved in writing by Rentan priar ta any action or refusal of service by the Contractor. 3.1.4 Hours/Days af Colfection All C4EI8GZl4F15 from Single-family Residential Customers and Residential zones, kf1CIUCIlf1g tt1IX@C�-US£ areas shall be made between the hours o# 7:OQ a.m. and 5:40 p.m. on a consistent weekday, unless Renton authorizes a temporary extension of hours or days.Same-day make-up collections far customers notifying the Contractor of a missed cnllectian by 4:00 p.m. may be performed until 8:00 p.m. Saturday callection is allowed to the extent cansistent with missed collection recovery, holiday and inclement weather schedules. All coilectians from Commerciai Customers may be made between the hours of 5:00 a.m. and 6:00 p.m. provided ihat service ta those Customers shall neither disturb Residential Customers in adjoining Residential zaned areas, nor vialate the noise provisions of the Renton Municipal Cade, as amended. Collectians from Cammercial Custamers within audible distance of Residential Customers shalf be made only between the hours of 7.Q4 a.m, and 6:OU p.m•, and no earlier than 9.OQ a,m. on Saturday. Exemptions ta the hour requirements may be granted 'tn writing in advance by Rentan to accommodate the special needs of Commercial Customers where allowed by the Rentan Municipal Code. Rentan's noise ordinance,as amended, may further restrict these terms and hours af callectian. 3.1.5 Employee Canduct The Contractor's employees calleding Garbage, Recyclables, ar Compastab(es sha11 at aN times be courteous, refrain fram loud, inappropriate ar obseene language, exercise due care, perform their work without delay, minimize naise, and avoid damage to public or private property. if on privete property, Contractor employees shalf fallow the regular pedestrian walkways and paths, returning to the street after replacing empty Cantainers. Contractar employees shall not trespass ar loiter, cross flowerbeds, hedges,or property of adjoining premises, ar meddle with property that does nat tQncern them or their task at hand. While perfarming wnrk under the Contract, Cantractor employees shall wear a professional and presentable uniform with an identifying badge with photo identification and company emblem visible to the average obser✓er. At Renton's aption and direction, Contractor employees shail work with groups or arganizations, such as neighborhood community organizations, homeowner associations, or Renton's Utilities, Police, or Fire Departments, for training to recognize and cafl the appropriate agency when suspicious activities are observed. City of Renton 8 Ap�il,2015 Gamprehensive Garbage,Recyclables,and Compostables Gollectian Cnntract Ordinance No. 5801 tf any person employed by the Contractor to perfarm collection services is, in the opinion af Rentan, incompetent,disorderly,ar otherwise unsatisfactory,Re�ton shall pramptly document the incompetent, disorderly,ot'unsatis�acta►y conduGt itt writing and tran5mit the documentation to Lhe Contractor with a demand that such conduct be carrected. The Contractor shal! promptly investigate any written comp4aint from Renton regarding any unsatisfactory performance by any af its emplayees and take immediate corrective action. If the offending canduct is repeated, Renton may require that the person be removed from all performance of additianal work under this Contract. The Cantractor sha�ll remove the employee from Contract work immediately. 3.1.6 disabted Persons Seroice The Contractor shalf pravide carryout service far Garbage, Recyclables, and Campostables to Singie- Famiiy Residence Customers in cases where no household member has tfie ability to place Cantainers at the Curb, at no additional charge. 3.1.7 Holiday Sthedules The Contractor shall observe the same holiday schedule as the King County Transfer Stations (typica!!y New Year's Day,Thanksgiving pay, and Christmas Dayj. When those halidays fall on a regular collection day, the Contractor shall reschedule the remainder of the week of regular collection to the next succeeding business day, which shaH include Saturdays. The Contractor may not collect Single-Farnily Residence and Multifamily Complex Garbage, Recyclables, ar Compostables earlier than the regular cai�ection day due to a hoiiday. Cammercia� co(lections may be made one (1) day early only with khe consent of the Cammercial Custnmer. Noliday scheduling informatian shall iae inc{uded in written program materiafs, on the Contractor's web site, and by press releases to general news rnedia in the Renton area by the Contractor the week prior to the holiday affecti�g service. 3.1.8 Enclement Ulteather The Cantractar shall pravide all collection services unless weather conditions are such that cnntinued operatian would result in danger to the Contractors staff,area residents,or property. In that event,the Contractor shalf collect only in areas that do not pose a danger. The Contractor shall notify Renton by telephone and email of the areas not to be serued by 6:00 a.m. on the same business day. Once Contractor vehicles are on-route, areas intentionally missed due to hazardous conditians and not previously reparted ta Renton, shall be appraved by a route supervisor and reported to Renton not later than 12:00 p.m. (noan} on the same business day. The Contractor shall coardinate missed caHectian areas so that Customers either have ail or nane c�f their ma#erials callected ta avoid Customer complaints and calls. The Contractor shall pravide automated notification ca11s, te�s or e-mails (at Custorr�ers' preference} to all missed Cc�stomers by 3:00 p.m., including information about when their next collection is expected. tity of Renton 9 April,2016 Comprehensive Garbage,Recyclalales,and Compostables Colledion Contract Ordinance No. 5802 If any callection is interrupted by intiement weather, then the Contractor shail pravide a makeup collection as follows: • Every-Qther-Week Single-Famify: A!I Garbage, including Premium Weekly Service and ReeycEabies, shai{be coilected on the Saturday immediately following the interrupted coilection day{s}. • Weekly Single-Family; Corr►postables shafl be co!lected nn the regular co}lection day following the interrupted collectian. • Multifamily: Collection shall be rnade as soon as the Contrartar is able to da so without danger to life or property, including 5aturday callection. • CommerciaL•Collection shall be made as soon as the Contractor is abie ta do so without danger to life or property, inciuding Saturday callection. • Drap-Box: Collection shall be made as saon as the Cantractor is able to do so without danger to life or property,includ'+ng Saturday collection Follawing notification ta Renton, the Contractor wi11 be provided temporary authorization to perform collection services after 5.00 p.m. and/or on Saturdays foilowing disruptions due ta weather in order to finish caliection routes. If inclement weather interrupts collection services mare than one week and beyond the Contractor's ability to safely provide makeup cnllections consistent with the pravisions autlined above, the Contractor will meet with Renton to discuss alternate plans to callect all streams of material for all Custamers, The Contractor shall implement the agreed upon plan upan the approval of Renton. It shall be the Contractor's respansibility to provide a!I customer outreach regarding the interrupted service and the Contractor's plans for providing callection of Custarner materials. Weather policies shall be incl�ded in program information pravided ta Customers and an the Contractar's city-specific webpage.t7n each inclement weather day,ihe Contractor shafl release natices to lacal newspapers and radio statians notifying residents of the modification tc�the colfectian schedule. 3.L9 Suspending Collection from Problem Customers Renton and Contractor acknowledge that, in rare cases, same Customers may cause disruptians or conflicts that make continued service to that Customer unreasonable.Those disruptions or conflicts may indude, but not be limited to, repeated damage to Contractor-provided containers, repeated suspect claims of timely set-out followed by demands for return coilection at no char�e, repeated unsubstantiated claims of Cantractor damage to a Customer's property,or other such problems. The Cantractar shall make every reasonabfe effart to provide service to thase prablem Customers. However, the Contractor may deny ar discontinue service to a problem Customer a#ter prior written notice is given to Rentan of the intent to deny ar discontinue 52NIC8, including the name, senrite add�ess, reason for such action, and whether reasanable efforts tQ accommodate the Customer and provide services have occurred and failed. If the Customer submits a written letter or e-mail to Renton appealing the Contractor decision, Renton may, at its discretion, intervene in the dispute. In this event, the decision of Renton shall be final. Renton may also require the denial or discontinuance of seruice to any Customer who is abusing the service ar is determined to be ineligible. City oC Renton 1U April,2036 Gomprehensive Garbage,Recyclables,and Carnpostables CoOection Cantrad fJrdinance Na. 5801 The Contractor shaEl cantinue billing Customers with discontinued service at the lawest service Eevel for that class of Customer,unless otherwise instructed in writing by Rentan. 3.1,10 Missed Collections If Garbage, Recyclables, ar Compastables are set out inapprapriately, improperly prepared, or contaminated with unacceptable materials,the Contractor shall place in a praminent Incation a written notification tag that identifies the specific problem(s� and reason(s) for rejecting the materials for callection. Failure to prnvide praper written notification to Customers of the reason for rejecting materials far callection shal� be considered a missed collection and subject to performance fees due ta lack of proper Customer natification. The failure of the Cantractor ta collect Garbage, Reeyclables,nr Compastabfes that has been set aut by a Customer in the proper manner on the appropriate day shaEl be cc�nsidered a missed coilection,a�d the Contractor shal! collect the materials from the Customer on the same day if notified by 4:Q0 p,m. Monday — Friday. Customers giving notice after 4:Q0 p.m. sha!! receive a make-up collection the neact day.A Customer giving notice after 4:00 p.m. on Friday shall receive a make-up collection the next day an Saturday between 9:00 a.m. and 1:00 p.m. The Contractor shall maintain an electranic record of aD calls related ta missed collections and the response provided by the Contractor. Such recards shall be made available for inspection upon request by Renton,and the information shall be included in monthly reports. (See Reparting requirements set forth in Section 3.3.4}. If the Contractar is requested by the Custamer to make a return trip due ta no fault of the Cantractor, which the Contractor can proue thraugh documentation {e,g., the Containers were nat placed at the curb on time and the driver documented that fact in a Ic�g,with a photagraph,etc.},the Contracior shafl ct�arge the Custamer an additional return trip fee for this senrice, provided the Contractar natifies the Customer af this charge in advance and the Customer agrees to paymeni of the return trip fee. The Cantractor wiU not be(iable for a missed ca#lection in such case, 3.1.115ame Day Collection Garbage, Recyclables, and Compostables collection shall occur on the same regu(arly scheduled day of the week for Single-Family Residence Customers. The collectian of Garbage, Recyciables, and Compostables from Multifamily Camplexes and Cammercial Customers need not be schedu(ed on the same day. 3.1.12 Requirernent ta Recyde and Compost and Quafity Assurance The Contractor shal! recyde or compost a!I Source-sepacated Recydables and Compostables collected, unless express prior written permission is pravided by Renton.The Contractor shall use facilities that: « Pracess materials to a high standard ta maximize the recovery and recycling of aA incoming recyclable and compostable materials; * Are operated to minimize cross-contamination of materials that would result in otherwise Recyclable materials being misdirected ta a market or disposal where they would not be recavered; �ty of Renton 11 April,2Q36 Comprehensive Garbage,Reryclables,and Compastables Collection Contract �� Ordinance No. 5801 + Are designed and operated ta minimize the residual stream of otherwise recouerable materials destined far disposal. • Nave sufficient preprocess and screening staff and equipment ta ensure that otherwise recoverable materiais are nat crass-contaminated and rendered noc�-recyclable due to the nature of the processing facility. Renton and Contractor agree that the Contractor is being compensated to fully recycle or eompost those incaming materials and that maximum cost-effective recnvery is a primary objective of the City's collection programs. Concurrently with the start of this Contract, the Contractor shall implement an on-route quality assurance program for Recyclables and Compostables consistent with industry best management practices for tagging, probatianary periods, materiai rejection, and suspension of service. The City and Cantractor sha11 mutuaily negotiate and agree on a pracess reflecting current bes# management practices used in King County for route monitoring far both Single-famiiy Residential and Commercia!/Multifamily sectors. The Cantractor and City shal! annually review anc{ update these procedures to ensure that cor�tamination problems are addressed pramptly, fairly �nd consistently for all sectors. The objective of the monitoring program is to maintain a cantamination level of no greater than ten percent(10%)by uolume for collected Recyclables and no greater than three percent(3%) by volume for cnilected Compostables. 3.1.�,3 Rauting,Notification and Appraval The Cantractar shall indicate,on a map acceptable to Renton,the day af the week Garbage, Recyclables, and Campostables shall be col}ected frarr► each Single-Family ftesidence. Zikewise, the Cantractor sha11 indicate, an maps acceptable to Renton, ihe regularly scheduled collection days far Garbage, Recyclables, and Compostables fram each Multifamily Complex and Commercial Custorner. Initia! maps shall be provided ta Renton no (ater than ninety (90) days prior to the Date of Commencement of Service. The Contractor collectian routes shall not cross municipal boundaries, provided that Contractor callection vehicles used within Renton may be used elsewhere if they are emptied before and after such oCher use and the Contractor has obtained Rentan's prior approval in writing, except that prior approval shall not be required for spare vehicles used far both Rentan and other jurisdictians serviced by the Contractar, provided that same-day notificatian of the use is provided to the City via e-mail. 7he Cantractor rnay use certain specialized vehicies in more than ane jurisdiction {e.g, limited access vehicle for space-restricted route areas) for scheduled services upan written City appraval. If a caflectian vehicle services any Customer outside the Service Area without prior written appraval from Renton,the Contractor shal!be liable for performance fees as described in Sectian 5.1. The Contraetor may change the day of Single-Family Residence callection by giving written notice to Rentan at least forty-five (45) days prior to the effective date af the praposed change and obtaining written approval from Rentan. If Ren#on approves the proposed change, the Contractor shall provide affected Customers with at least fourteen (14)days written notice of pending changes far the collection day. Seven (7) days prior to the appraved day change, the Cantractor shal(tag all affected Custamers' Garbage Cantainers, as well as notify all affected Customers by e-mail and robo-call of tfie pend"mg changes. Upon campleting coilections the week priae ta the change, the Contractor shall update their City af Renton 12 April,2016 Comprehensive Garbage,Recyclables,and Cornpostables Collection Contract Ordinance No. 5801 website with a new collection area map that highlights affected areas. The Contractor shall collect double the normal Garbage amount for no additional fee for one week following implementation to ensure that missed Customers are not charged extra. The Contractor shall obtain the prior written approval from Renton of the notice to be given to Customers. The Contractor shall be responsible for the cost of designing, printing, and distributing the notice and any revised educational materials that inform these Custamers of their collection day. The Contractor may change the day of Multifamily Complex or Commercial Customer collection by giving at least fourteen (14) days written notice of pending changes of collection day to the affected Custorrters.The Contractor shall obtain written approval from Renton of the collection day change prior to notification of the Multifamily Complex customer or Commercial Customer,and shall obtain the prior written approval from Renton of any notice to be given to Multifamily Complex or Commercial Customers. The Contractor shall be responsible for the cost of designing, printing, and distributing any notifications and any revised educational materials that inform these Customers of their collection day. 3.1.14 Vehicle and Equipment Type/Age/ConditionJUse The Contractor shall use model year 2013 or later collection vehicles for services performed under this contract under the initial term of this Contract. In the event that the City exercises either or both or the City's two-year extension options, the collection vehicle age requirement shall shift from model year 2013 to the use of trucks no greater than ten years old. Back-up vehicles used fewer than thirty (30} operating days a calendar year shall not be subject to the age that apply to regularly-used vehicles, but shall be presentable, shall be in safe working order, and shall be subject to all other conditions of this section. The accumulated annual use of individual back-up vehicles shall be reported in the Contractor's monthly report. Vehicles used in the performance of this Contract shall be of sufficient size and dimension to provide service to all Customers, regardless of location. In some cases, this may mean that a small collection vehicle, capable of servicing narrow and/or tight locations must be used, and the Contractor shall make such vehicles available to ensure smooth and effective collection services throughout the Service Area. Vehicles to be used for Garbage collection shall have a switchable placard that clearly indicates that they are Garbage collection vehicles, vehicles to be used for Recyclables co(lection shall have a switchable placard that clearly indicates that they are Recyclables collection vehicles, and vehicles to be used for Compostables collection shall have a switchable placard that clearly indicates that they are Compostables collection vehicles. The colors, trim scheme, and design to be used by the Contractor on the switchable placards shall be subject to the prior written approval of Renton.The use of unauthorized switchabte placards or lack of switchable placards on collection vehicles shail be cause for performance fees as described in Section 5.1. Vehicles used in the perFormance of this Contact shalf only be used for the coflection of materials they are otherwise designated for. Vehicles shall be maintained in a clean and sanitary manner, and shall be thoroughly washed at least once each week. All collection equipment shall have appropriate safety markings, including all highway lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with current statutes, rules and regulations. Equipment shall be maintained in good condition at all times. Vehicles shall be repainted upon showing rust on the body or chassis or at the request of Renton. All parts and systems of the collection vehicles shall operate properly and be maintained in a condition compliant City of Renton 13 April,2016 Comprehensive Garbage,Recyclables,and Compostables C�Ilection Contract Ordinance No. 5801 with a!I federaf, state, and local 5afety requirements and be in a condition satisfactory to Rentan, A(I vehicles shall be equipped with variable tane or praximiry activated reverse mavement back-up alarms. The Contractor shail maintain coilection vehicies and Containers to ensure that no liquid wastes {e.g., Garbage or Compostables leachate} or ails (e.g., lubricating, hydraulic, ar fuelj are discharged to Customer prernises or streets. AI! collection and rouie supervisor uehicles used by the Contractor shalf be equipped with a spill kit sufficient in size ta cantain a complete spiU frorn the largest tank on the vehicle. Any equipment not meeting these standards shall not be used within the Serviee Area untii repairs are made. Any discharge af liquid wastes or oils that may occur from Contractor's vehicles or Cantainers prior to them being removed fram service shall be cleaned up or rernoved within three (3) hours of being noticed by raute staff, customers, ar Renton, and shali be remediated by the Contractor at its sole expense. Such dean-up or removal shall be dpcumented with pictures, and notice of such clean-up or remaval shall be provided ta Rentan in writing. The Contractor sha{1 immediate(y notify Rentan-designated spill hatline of any spills that enter drainages. Failure by the Contractar to clean-up or remove the discharge in a timely fashian to the satisfaction of Rentan sha3!be cause far performance fees,as described in Sectian 5.1.The Contractor shal! notify Renton and Custarraer of any leakage from non-Cantractor-owned Containers imrnediately so that those spills may be addressed in a timely manner. The Contractor shall maintain all vehicles used in the Service Area in a manner intended ta achieve reduced emissions and particulates,noise levels,operating cast,and fuel use. No advertising shali be aiiowed on Contractor vehicles ather than the Cantractor's name,logo,custorner service telephone number, and website address, unless otherwise previously approved in writing by Renton. Special pramotional messages may be permitted by Rentan; pravided they are either painted directly an vehicles or an special placards attached to vehicles. Renton's approval shall be in writing and solely within Renfion's discretion. AI3 collection vehicles shall be Eabeled with a sign on the rear, with lettering not less than four(a} inches high and clearly visible from a minimum Qf twenty (20) feet away, stating"Driving or Spillage Camplaints?Call Renton Solid Waste @ 425-430-7397".The vehicle inventory number sha11 be displayed adjacent to this message. Rentan will provide the Contractor with policy timelines fnr reportin�spills versus driving camplaints to Rentan. Spills should be reported immediately to Renton as directed by Renton's reparting policies, which will be provided to the Contractor by Renton. All Contrackor rou#e, service,and supervisory vehicles shat) be equipped with proper(y licensed twa-way communicatian equipment. The Cantractar shal( maintain a base station ar have equipment capable of reachi�g ail colleciian areas. Collection vehicles shal! also be equipped with back-up cameras, as wel!as route-recording cameras integrated with their on-baard route management system. A!I caUectian vehides shall be equipped with global positioning systems (GPSJ, as well as an on-hoard camputer and data tracking system to track rnute progress and log non-set-outs, extras, and other service issues.The system shall incorporate photo documentation of route exceptions. The Contractor's drivers shall be fuliy trained and required to use these systems. The resulting data shall be uploaded to the Contractor's Custnmer service database no less than houriy to aClow Customer service personnel to be fuHy apprised af route progress, and be able to address misses and other Customer inquiries in near real-time. City of Renton 14 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract Ordinance No. 5801 3.1.15 Cantainer Requirements and awnership Cantractor Garbage fees included i� Attachment B include all costs of the associated Garbage, Recycling, and Compastabies Carts and Containers unless Cantainer renta! far a particular service is specificalfy listed in Attachment B,sueh as rent for Drop-box Containers. Single-Family Residence, Multifamily Complex, and Cammercia! Customers must use Contrackar- provided Containers for their initial Container of Garbage coliection service, with the exception of compacting Drop-box Containers, which may be Customer-owned or—leased fram other parties. Plastic bags or Garbage Cans may be used for excess volumes of Garbage, but not as a Customer's prirnary cantainer. !n the event the Customer uses a 6arbage Can far Extras, the Contractor shail handte #he Customer- awned Garbage Container in such a way as to prevent undue damage. The Contractor shall be respa�sible for u»necessary ar unreasanable damage ta Customer-awned Containers. All Contractor-provided Cantainers shal! be permanently,clearly, and praminently screened, molded-in, malded-on, imprinted, or otherwise labeled in a fashion that �ny reasonable person can readily determine the size capacity and material preparation requirements of the Container, Contractor- provided Cantainers shall nnt be screened, molded-in, molded-on, imprinted, or otherwise permanently labeled with the Contractor's logo ar company name. 3»1.15.1 Garbage,Recyctables,and Campastables Carts The Cantractor shall pravide 20-, 32-, 45-, 64-, and 96-gallon Garbage Carts for the respective level of Garbage coilectian, and 32-, 54, and 96-gallan RecyclabEes and Compastables Carts far the respective leve!a€Recyclables or Compostables collection. Cart sizes may vary up to eight percent (8°l) in volume capacity from the stated sizes (e.g. 35, 60 and 96 gallon carts are accep#able� and wiN be considered contract-compliant Alf Carts shall be manufactured from a minimum of fifteen percent (15°l0} post- consumer recycfed plastic, with a lid that will accomrnodate a label. Carts shall be provided to requesting Customers within seven (7) days af the Customer"s initial request. All Carts must have materials preparation instructions and telephone and website cantact information printed on a sticker on the lid. All Cantrackor-provided Carts shal( be maintained by the Contractor in goad condition for material starage and handling;contain no jagged edges or holes;contain wheels or roNers for movement; and be equipped with a� anti-skid device or sufficient surface area on the bottom of the container to prevent unwanted movement. The Carts shall contain instructions for proper use, including any Customer actians that would void manufacture warranties {such as placement of ho# ashes in the container causing the container to melt),and pracedures to follow to minimize patentia!fire prablems. Collectian crews shall note damaged hinges, holes, poorly functioning wheels, and other similar repair needs fvr Contractor-provided Carts �including those for Garbage, Recyciables, and Compastables) and forward written or elec#ronic repair notices that same day ta the Contractor's service personnel. Cart repairs shall then be made within seven (7} days at the Contractor`s expense. Any Cart that is damaged ar rnissing on account of an accident, callection truck mechanical error, act of nature or the elements, fire, pr theft or vandalism by a third pascy shafl be repfaced not later than three{3) business days after City af Renton 15 April,2016 Comprehensive Garbege,Recyclables,and Compostables Coltedian Cantrad Ordinance No. 5801 notice from the Customer or Rentan. Replacement Carts may be used and reconditioned, but shall be presentable and cleaned befare delivered ta the Customer. Unusable carts shall be cleaned (if necessary)and recycled to the extent possible. In the event that a particular Customer repeatedly damages a Cart or requests more than one replacement Cart during the term of the Contract due to negligence or intentional misuse, the Contractor shall forward in writing the Customer's name and address to Renton. Renton shall then attempt to resolve the problem. In the event that the problem continues, the Contractor may discontinue service to that Customer, provided Renton provides previous written approval. 3.1.15.2 Detachable Containers and Drop-box Containers The Contractor shall furnish and install 1-, 1.5-, 2-, 3-, 4-, 6-, and 8-cubic yard Detachable Containers, and 10-, 20-, 30-, and 40-cubic yard un-compacted Drop-box Containers to any Customer who requires their use for storage and collection of Garbage or Recyclables within three (3) days of the Customer's request. Containers shall be located on the premises in compliance with any related ordinance, and a manner satisfadory to the Customer and for collection by the Contractor. The Cantractor shall charge rent for temporary and permanent Drop-box Container service in accordance with city directed rates.The Contractor may not charge Customers any fees, charges, rates, or any expenses in connection with Qrop-box Container service other than those rental rates directed by Renton. Detachable Containers shal! be watertight and equipped with tight-fitting metal or plastic covers; have four(4) wheefs for Containers 3-cubit yards and under; 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. Drop-box Containers shall be all-metal, and if requested by a Customer, equipped with a tight-fitting screened or solid cover operated by a winch in good repair. The Contractor shall contact Renton's Fire Marshal and obtain a determinatian concerning the conditions under which plastic Detachable Containers may be used. The Contractor may use plastic Detachable Containers at all locations where aflowed by Renton's Fire Marshal to minimize noise impacts. Each plastic Detachable Container shall be marked with an additional sticker warning Customers and the Contractor's staff where the Container may not be placed as determined by Renton's Fire Marshal. Detachable Containers shal! be cleaned, reconditioned, and repainted (if necessary�, at the Contractor's expense before being supplied to a Customer who had not used it earlier. The Contractor shall provide an On-call Container cleaning service to Customers. The costs of On-call cleaning shall be billed to the Customer as directed by Renton. Afl Containers on Customers' premises are at the Contractor's risk and not Renton's. The Contractor shall repair or replace within twenty-four(24) hours any Container that was supplied by or taken over by the Contractor and was in use if Renton Code Compliance Inspector, King County Health Department inspector, or other agent having safety or health jurisdiction determines that the Container fails to comply with reasonable standards or constitutes a health or safety hazard. The Contractor shall place Detachable Containers in areas mutually agreed upon by the Contractor and Customer with the least City of Renton 16 April,2016 Comprehensive Garbage,Recyclables,and Compostables Colledion Contract Ordinance No. 5801 slope and best vehicle access possible. For Custamers #hat must stage their Detachable Cantainers on Public Streets ar on significantly slaped hills,the Contractar shall make a goad faith effart ta work with the Customer io ensure that Detachabie Cantainers are not !eft unattended in pc�tentia{ly prablematic stagEng areas and are sufficientiy restrained such that the Cantainer may not raii and cause harm to persons ar property.The Cpntradar may require a Customer to attend ta the Containers immediately prior to and after collection. Any disputes arising between the Contractor and a Custnmer as to what constitutes a"significantly sloped hill" or a "safety hazard" shall be submitted in writing to Renton, and Renton's decision sh�ll be final. Containers shall be replaced after emptying in the same location as found,with the lid clased. Except as set forth in the second paragraph of Section 3.1.15, Customers may eiect to own or secure Cantainers from other sources, and shall nat be subject to discrim±nation by the Contractar in col(ection services on that accc�unt, pravided that such Containers {including Carts} are campatible with the Contractor's callection equipment. Nawever, Containers ow�red or secured by Customers must be properly labefed wath Contractar-pravided stickers to be e4igible #ar toE{ection. The Contractor is not required to service Cus#omer Containers that are not campatible with the Contractar"s equipmer�t. 3.1.15.3 flwnership To the extent requested by Contractor, Renton will assign its ownership rights and interest in the previous contractor's in-place Container inventory to the Contractor and will cooperate with the Contractor to document such assignment and Contractor's exercise of such rights. For the purposes of this Contract,these in-place Carts distributed by the previous contractor shail be maintained to Contract standards, with the exception that Carts placed in service by the previous contractors shali be considered Contract ccrmpliant, even if they are a different color than required by Renton for new Containers. At the end of the Contract term or in the event the Contract is terminated for any reason, al!Cantainers used by the Contractor to provide Contract collection senrices, shall, at the optian af Renton, revert ta city ownership without further compensation ta the Contractnr.Compactar Drop-boxes and Drop-boxes and Detachable Containers held in reserve at the Contractar's yard and nat actively in service at a Custamer location are excluded fram this provisian. Upon written notice ta the Cantractor, Renton may elect ta assign this potential ownership af said Cantainers to a third-party. Any remaining warrankies assaciated with the Containers described herein shafi be transferred to Renton or Renton's assignee. Renton in advance accepts aA such Containers in their "as-is, where-is" condition and withQut any express ar implied warranty by the Contractor af any kind, including but not limited to any warranty of fitness for any particular purpose or any warranty af inerchantability. Renton assumes all risks of loss or liability on account of Renton's exercising of its rights under this Section 3.1.15.3 or any use made of any such Containers after they became the praperty of Renton or assignee afi Rentan. 3.1.15.4 Container Cotors and Labeling Contractor-provided Containers used for the collectian af Recyclables, shali be blue. Contractar- provided Containers used for the collection of Compostables shalf be grey for Single Family Custamers Ctty af Renton 17 April,2015 Comprehensive 6arbage,Retyclables,and Compostables Collection Contract Ordinance No. 5801 and grey or green for Commercial Customers. Contractor-provided Containers used for the collection of Garbage shall be green for Single Family Residential Customers and grey for Commercial Customers. Specific Container colors shall be approved in writing by Renton prior to the Contractors order of new Containers. All Containers shall be labeled with instructional information and contact information that include both a customer service phone number and website address. All labels shall be approved by Renton prior to ordering by the Contractor. Location of the label on Containers shall be subject to Renton's prior approval. Labels shall be redone when faded, damaged, or upon Renton or customer request. Should any thanges be made to the Garbage, Recycling, or Compostables collection program, the Cantractor at their sole expense shall reproduce and reaffix labels on all Containers. All Detachable Containers and Drop-box Containers to be used for Garbage or Recyclables collection shall have materials preparation instructions and telephone/cvntact information, including both a customer service phone number and a website address, printed on a sticker, and subject to the prior written approval of Renton.A!I Detachable Containers and Drop-box Containers to be used for Garbage ar Recyclables shall have a sticker affixed that states: "Leaky dumpster? Damaged Lid?" and provides a phone number to call for repair or replacement. Information shall be printed in a size that is easily read by the users, on durable UV-resistant label stock squarely affixed to each Container. Alf labels shall be approved in writing by Renton prior to ordering by the Contractor. Location of the label on the Containers shall be subject to Renton's prior written approval. Containers used for the collection of Recyclables from Multifamily Complex and Commercial Customers shall be relabeled by the Contractor once every two (2)years or upon Customer or Renton's request for any individual Container. Renton may waive the two-year mandatory relabeling requirement, at its sole option,for Containers with particularly long-lasting stitkers. 3.1.15.5 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 contents must not cause the tollection vehicle to exceed legal road weight�imits. 3.1.15.6 Container Removal Upon Renton's or Customer Request The Contractor shall remove all Containers automatically upon service cancellation within seven (7) days of the cancellation or upon three (3) days of specific Customer, property manager, property owner, or Renton's request. The contents of removed Containers shall be managed as if they were collected on a regular route (e.g. Recyclables shall be recycled, 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 Contrador's, not Customer's cost. Failure to remove Containers within the specified timeline shall be subject to the same performance fees as delayed Container delivery for that Customer sector. City of Renton 18 April,2016 Comprehensive Garbage,Recyclables,and Compostables Colledion Contract Ordinance No. 5801 3.1.16 Inventory of Vehicles and Facilities The Contractor shal( provide to Renton, 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 Co�tract. The inventory shall include each vehicle (including chassis model year, type of body, material collected, capacity, model, and vehicle identification number) and each facility to be used in performance of this Contract (including address and purpose of the facility). The Contractor may change vehicles and facilities from time to time, and shall include the revised inventory in the monthly report provided for in Section 3.3.4.1.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. 3.1.17 Spillage All loads collected by the Contractor shall be completely contained in collection vehicles at all times, except when materiai is actually being Ioaded. Hoppers on all collection vehicles shall be cleared frequently to prevent the occurrence of unnecessary blowing, leakage, or spillage. Any leakage or spillage of materials that occurs during collection shall be immediately cleaned up or removed by the Contractor at its sole expense. The Contractor shall document the leakage or spillage, including taking pictures before and after clean-up or removal, and shall provide this documentation to Renton. Leakage or spillage not immediately cleaned up or removed by the Contractor shall be cause for performance fees, as described in Section 5.1. Should a leakage or spillage occur during callection, Contractor shall notify Renton immediately and, likewise,expressly acknowledges it is solely responsible for any local, state,or federal violations,which may result from said leakage or spillage. Any leakage or spillage of materials that occurs during collection that is reported by Customers or Renton shall be immediately cleaned up or removed by the Contractor at its sole expense. The Contrac#or shall document the reported leak or spillage, who reported the incident, and measures made to correct the incident and report this information via e-mail to the Cantract administrator within four (4) hours. Failure of the Contractor to comply shall be cause tor performance fees, as described in Section 5.1. Any Contractor-supplied Container determined by Renton to be leaking shall be replaced by the Contractor within twenty-four (24) hours of notification from Renton. Failure of the Contractor to comply shall be cause for performance fees,as described in Section 5.1. 3.1.18 Pilot Programs Renton may wish to test and/or implement one or more new services or developments in waste stream segregation, materials processing, or collection technology at some point during the term of this Contract. Renton shall notify the Contractor in writing at least ninety (90) days in advance of its intention to implement a pilot program or of its intentions to utilize a new technology system on a city- wide basis, or as negotiated between the City and Contractor. The costs (or savings) accrued by city- initiated pilot programs shall be negotiated prior to implementation. If Renton 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 Contractor agrees to negotiate in good faith and in accordance with Section City of Renton 19 April,2016 Comprehensive Garbage,Recycla6les,and Compostables Collection Contrad Ordinance No. 5801 7.24 to include the provisions of the pilot program into this Contract,including any casts ar savings ta be accrued. Contractor-initiated pilot pragrams sha!! require prior written notitication ta and written approva! by Renton. Contractor-initiated pilot programs shall be performed at na additianal cost ta Ren#on or the Cnntractor's Customers; however, savings accrued may be subject to negotiations prior to implementation at Renton's request. Results of any Contractor-initiated pilot program shail be reported to Rentan in the monthly reports described in Section 3.3.4.1. The Contractpr shall nat be required to test qr implement any pilot program, new technology, service or deve(opment unless the Cerms and canditions thereof(including any savings or additional compensation to Cantractor) have been mutually agreed in writing by Rentan and Contractor. 3.1.19 Disruptian Dae ta Construction Renton reserves the right to eonstruct any improvement or ta permit any such cvnstruction in any street or a!!ey in such manner as Renton may direct, which may have the effect for a time of preventing the Contrattor from traveling the accustorned route or routes for co!lection. Nowever,the Contractor shall, by the most expedient manner,continue to collect Garbage, Recyclables,and Compastables to the same extent as though no interference existed upon the streets or alleys normally traversed. This shall be done at no extra expense ta Renton or the Contractor's Customers. 3.1.20 Contractor Planning and Performance Under Labor Disruptian Na fiater than ninety {90) days prior to the expiratian af any iabar agreement assaciated �,vith services performed under this Contract, the Contractar shall provide Renton with its planned response to labor actions that could campromise the Contractar's perfarmance under this Contract. The Contractnr- prepared Strike Contingency Flan shal!address in detail: 1. The Contractor's specific staffing plan ta cauer Contract services, including identificaiion of staff resources moved from out-of-area operations and the use of lacal mana�ement staff to provide basic services. The staffing plan shall be sufficient to provide recovery of full operatians within one week following the initiation af the disruption. 2. Contingency training plans to ensure that replacement and management staff aperating routes �re able to continue to collect route data and follaw collection and material delivery prpcedures for all material streams callected from Customers. 3. Identification of temparary Drap-bax Containers or staffed packer truck locations far al!material streams. For ail sites identified in the Contrac#or-prepared Strike Continger�cy Pian, the Cantractor shall list the property ownerJlessee's contact information and the date nn which permission fnr Lemporary use was received. Renton shall review these locations, after which Renton sha(I apprave or deny in writing use of specific locations. 4. A recovery plan to address how materials will be collected in the event of a short-notice disruption that does not allow the Contractor to collect all materials on their regular schedule (e.g�a wi(dcat strike}within one week following the initiation of the disruption. The Contractar shall keep Rentnn informed of the status of active labor negotiations on a daily basis, specifically during the period surrounding the end of employee contracts with Contractor emplayees, In the event that labor disruptions of any kind cause red�ckions in service delivery, the Contractor shal! Gty of Renton 20 April,2015 Comprehensive Garbage,Recyclables,and Compostables Collection tantract Ordinance No. 5801 inform Renton within four(4) hours by phone and e-mail of the nature and scope of the disruption, as well as the Contractor's immediate plans to activate any or its entire Strike Contingency Plan. At the close of each service day during a Labor Disruption, the Contractor shall report to Renton via e-mail the areas(per a detailed map) and customer counts of served and un-served customers by material stream and service sector. The Contractor shall provide make-up collection on Saturday for any Single-family Garbage and Recyclables collection Customers missed during the preceding week. In the event that a disruption lasts more than one full Single-family Residential collection cycle, the Contractor with approval of Renton shall provide Drop-box Containers or staffed packer trucks 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 provide a credit for all service missed equal to the Customers' pro-rata regular rate minus the disposal component on the Customer's next regular invoice, Renton and Contractor agree that the following special compensation and performance fees reflect the best estimate of the impacts of the Labor Disruption to Customers and Renton. The Contractor shall pay Renton monthly by the tenth day of the following month: 1. A cost reimbursement amount 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. A performance fee of ten thousand dollars ($10,000.) a day for each day of Labor Disruption from the 15i day to the 7`"day of the Labor Disruption; 3. A performance fee of twenty thousand dollars($20,000.)a day for each day of Labor Disruption fram the 8`h day to 14`h day of the Labor Disruption;and 4. A performance fee of forty thousand dollars ($40,000.) a day for each day of Labor Disruption for every day beyond the 14`h day of labor Disruption. The performance fees listed as 3 through 4, above, are intended to apply to any complete work stoppage where alternative but substantially equivalent service by non-striking employees is not provided by the Contractor ar otherwise. In the event substantially equivalent service is provided by the Contractor through the employment of non-striking employees at any point during the course of the labor disruption, the Contractor is entitled to reduce the amount of the performance fees that otherwise would be due on a pro-rata basis, based on the percentage of Contract service provided to Customer provided on that day. Given the nature of the failure arising from labor disruptions, the Contractor shall not be allowed any cure period opportunity or rectificatian process; provided, however, that Renton may elect to receive the equivalent value of additional services, as negotiated, in lieu of these specific performance fees. The Contractors failure to comply with the Contractor-prepared Strike Contingency Plan of this section shall be subject to a special fee of twenty thausand dollars {$20,000) per day for its non-compliance during the Labor Disruption event. This special fee is separate compensation to Renton for the City of Renton Zl April,2015 Comprehensive Garbage,Recyctables,and tompostables Collection Contract .�.�.. Ordinance No. 5801 Contractor s faiiure to plan and execute the provisions of this section. The special fee shalt 6e paid to Renton within thirty(30)days af the Contractar's receipt afi Renton's invoice. Fees paid by the Contractar under the terms of this Sectian 3.1.20 are nat regular performance fees for the purposes of Section 5 and shail nat be counted in the cumulat'sve performance fee default threshoid re#erenced in Section 5.2(6}. 3.1.215ite Planning and Building Design Review The Contractor shall, upon request and without additional cost, make available site planning assistance to either Renton andJor property owners. The site planning assistance shall be available far all new canstruction or remadeling of buildings and structures within the Service Area, and shall address the design and pianning af Garbage, Recyclables and Compastables removal areas and their location upon the site af the prnposed canstruction or remadeling project. Contractor planning assistance for optimizing loading docks and other areas shall afsa be available far existing building managers when realigning Garbage, Recyclables and Compostables services. 3.1.22 Sa#eguarding Public and Private Facilities The Contractor shall be obligated to protect all public and private improvements, facilities, and utilikies whether located on public or private praperty, including street curbs. If such improvements, facilities, utilities, or curbs are damaged by reasan of the Contractor's operations, the Contractor shall notify Renton immediately in writing of a11 damage, and the Contractor shal! repair ar replace the same or pay Renton for repairs. tf the damage creates an immediate public safety issue that requires an immediate respanse,the Cantractor shall,along with notifying Renton immediateiy in writing,call Renton to in#orm them of such matter. Ifi the Cantractor fails ta do sa promptiy, as determined by Rentan, Renton shai( cause repairs or repfacement to be rnade, and the cost, including ove�head and administrative tasts, of doing so shall be paid by the Contractar or deducted from amounts owed the Contractor under the Contract. Renton shal4 not be liable for any damage to properky o�person caused by the actions af the Cantractor, and the Contractor shall indemnify and hold Renton harmless for any such damage or legal implications from said actions. 3.1.Z3 Transition and(mplementation of Contract The Contractor shali deveiop, with Renton's input and prior written approval, and submit to Renton no later than thirty(30) days after the Date af Executian of this Contract, a Transition and implementation Pla� for introducing the new and revised services to the different Customer seciars {i.e., Single-farrtily, Multifarnily Complex, and Commerciat Customers},ar�d detailing a specific timeline as to when different activities and events will accur, including details of Container delivery, how different euents impact other events in the timeline and the pracess ta be used to ensure that implementation accurs with no disruptian, The Transition and Implementation Plan shall cover 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 Service.The Contractor shall separately describe in detail what is involved with each af the activities �nd events listed in the timeline. The Transition and Irnplemenfiatian Plan shall specifically address how the Contractar intends to proceed in the event of inclement weather and what contingency plans wiil be in place ta accelerate imp(ementation if Container delivery or ather planned activities are impacted by inclement weather, City of Renton 22 April,2016 Camprehensive Garbage,Recyclables,and Compastables Collection Cantract Ordinance No. 5801 The Contractor shall be respvnsible for funding all the design, development, printing, sorting, mail prep, delivery, and mailing costs, including the cost of the postage-prepaid mail-back cards and any costs associated with the website ordering services, and of 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 ofthe Contract. Any additional promotianal, 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, at the Contractor's cost, and subject to Renton's prior review and written approval and Renton's final approva! as to method of delivery. Renton will be provided a minimum of two(2)weeks to review any of the materials included in the Contractor's Transition and Implementation Plan schedule to allow sufficient time for Renton prior review and written approval. 3.1.24 Hiring Preference For initial hiring under this Contract, the Contractor and subcontractors shall actively recruit and give hiring preference to any Garbage, Recyclables, or Compostabfes (including Yard Debris) collection workers who serviced City of Renton rautes for the previous hauler at the time that the previous collections contract(s) expired and have been 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. Upon the hiring of a displaced collection worker represented by Teamsters Local 117 or 174, the Contractor shall be required to keep the displaced worker whole in regard to the workers' pay and benefit accruals earned as of the date of displacement. To the extent 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 such time as the applicable bargaining agreement provision(s) provides for an increase. Any displaced worker must be reimbursed by the company for any required COBRA payment made in order to retain health care coverage during the time period between displacement and when the worker would become eligib(e for such benefits under the Contrattor's bargaining agreement. 3.1.25 Performance Review The City may, at its option, conduct a review of 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 coaperate with the performance review and work with City staff and consultants to ensure a timely and complete review process. The results of the performance review shall be presented to the Contractor within thirty (30} 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) days from its receipt of notice to correct deficiencies to the City's satisfaction. If the Contractor fails to correct deficiencies within sixty (6Q) days, the City may allow the City of Renton 23 April,2016 Comprehensive Garbage,Recyclables,and Composta6les Colfection Cantract Ordinance No. 5801 Contractor additional time to comply, accept other remedies for the service failure or proceed with the contract default process pursuant to Section 5.2 of this Contract, at the City's sole option. The costs of the development and implementation of any action plan required under this Section 3.1.25 or Section 5.1 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, or included in rates or fees charged Custo m e rs. The City may, at its option,design and implement an alternative annual Contract compliance monitoring program with or without Contractor performance incentives. If such a program is desired by the City, the City and Contractor 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 staff, City- retained consultants and performance incentives (if used) and the Contractor shall bear the costs of staff and route costs to perform the monitoring. 3.1.26 Cantinual Monitoring and Evaluation of Operations The Contractor's supervisory a�d management staff shall be available to meet with Renton at either the Contractor's office or Renton City Hall, at Renton's option, on a weekly basis during the first six months of the contract 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�f this Contract is maintained. Renton may periodically monitor collection system parameters such as participation, Container condition,contents weights,and waste composition.The Contractor shall assist and fully cooperate with Renton by coordinating the Contractor's operations with Renton's periodic monitoring to minimize inconvenience to Customers, Renton, and the Contractor.The Contractor also shall provide full access to equipment, processing facilities, route and Customer service data, safety records, and other applicable information. Renton's review of Contractor activities and records shall occur during normal office hours and shall be supervised by the Contractor's staff. 3.1.27 Collection/Disposal Restrictions All Garbage collected under this Contract, as well as residues from processing Recyclables and Compostables, shall be delivered to the King County Disposal System, unless otherwise directed in writing by Renton 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 King County does not accept Yard Debris mixed with Garbage for collection. Contractor's awareness, knowing, or intentianal collection of Garbage mixed with visible Yard Debris shall be grounds for performance fees as provided in Section 5.1. Renton shall not be liable or legally responsible in any way for the Contractor's awareness, knowing,or intentional collection af Garbage mixed with visible Yard Debris.The Contractor shall indemnify and hold Renton harmless for any such damage or legal implications resulting from said collection. City of Rentort 24 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contrad Ordinance Na. 5801 The Contractor shal( nat knawingly ar as a result of grass negligence collect ar dispose of Hazardous Waste or other hazardous matetials that are either restricted firam disposal or would pose a danger ta collection crews.!F rnaterials are rejected for this reasnn,the Contractar shall leave a written�otice with the rejected materials listing why they were not collected and praviding the CusTomer w'rth a contact for further informatinn about proper dispasal optians for such materials. 3.1.28 Direct pisposal Payment The City shall be responsible far paying County disposal fees diredly to the County. The Contractor shall campiy with City and County requirements for the City's direct disposal payment arrangement with the County. The City and Contractor shal)wark with the County to develop and execute an agreement with the County to continue the existing disposal arrangement. In the event that revisians ta the agreement are necessary due to changes in County or city poEicy,the Contractar and Renton shall negotiate in goad faith to revise the plan ta reflect changed c'rrcumstances. 3.1.29 Emergency Rssponse The Contractor shall provide Rentan with the use of the Contractor's labor and equipment fnr assistance in the event of a disaster or ernergency declaration. Contractor services shall be provided immediately upon city directions and paid at the Contract rates in Attachment B. The Contractor shall keep full and complete records and documentation of all costs incurred in connection with disaster or emergency response, and include such informatian in the monthiy and annuai reports required under Sectian 33.4. The Cantractar sha(i maintain such records and dacumentation in accordance with Renton's prior writter�approval and any standards established by the FederaE Emergency Management Agency,and at Renton's request, sha!{assist Renton in developing any �eports ar applications necessary to seek feder�a!assistance during or after a federalfy-decfared disaster. 3.2 Callection Servites 3.2.15ingle-Family Residence Garbage Collection 3.2.1.15ubject Materials The Contractar shall collect all Garbage placed at Curbside far disposa( by Single-Family Residence Customers in, and adjacent to Garbage Cans, bags, and Gar6age Carts. The Cantractor sha(I affer carry- out service to Disabled Custamers at no charge(per Sectian 3.1.6}. City of Renton 25 April,2015 Comprehensive Garbege,Recyclables,and Campostables Colledinn Contrad Ordinance No. 5801 3.2.1.2 Containers The Contractor shaf{ provide collection Containers to Customers at no charge. Garbage Carts shall be delivered by the Cnntractor to Singfe-Family Residence Customers within seven (7) days of the Customer's initial request. ` 3.2.1.3 Specific Collection Requirernents The Contractor shall offer regular every-ather-week collection of the following service levels: 1. one 20-gallon Garbage Cart; 2. one 35-gallon Garbage Cart; 3. one 45-gallon Garbage Cart; 4. one 64-galEan Garbage Cart;and 5. one 96-gaHon Garbage Cart. The Contractar sha11 also provide a weekly "premlum" Single—family Residentia! Garbage co!lectir�n service. The service will not be actively publicized by Renton, but will be available ta residents who,far varying reasons, are unable or unwilling to have every-other-week Garbage collection service. The Contractor shall be compensated for "premium" service based on the surcharge itemized in Attachment B,as adjusted over time by Section 4.2 and 4,3. Garbage in excess of Container capacity 4r the subscribed service level shail be coilected and properly charged as Extra Units to the Customer; with the exceptian of excess Garbage coNection otherwise authorized under this Contract at na charge to the Custamer.The Contractor shall maintain route lists in sufficient detail to allaw accurate recording and charging af all Extra Units. Custamers shall be allowed ta specify that no Extra Units be collected without priar Custr�mer notification, which shall be pravided by the Single-Family Residence Customer no less than twenty-four (24) haurs prior to that Customer's regular collection. Callectians shafl be made from Single-Family Residences on a regular schedule an the same day and as close to a consistent time as possible. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return all Containers, in an upright positian, with lids closed and attached, ta their original set out lacation. Extra charges rnay be assessed for materials loaded so as to Fift the Garbage Can, or Garbage Cart lid in excess af six�6) inehes from the normafly closed positian.The Contractor may charge for an overweight Container at the Extra Unit rate, pravided that the Container weight is documented in writing, and ihe Custamer agrees to pay for special handling. Otherwise, an overweight Container sha41 be left at the Curb and tagged with written notificat'son as to why it was not coAected. Customers may specify to the Contractor that they may nnt t�e charged far averweight or extra Containers, in which case any such Cantainers shall be left at the Curb uncollected and tagged with written notificatian as to why it was not callected. The City may, at its aption, elect to offer a curbside clean•up pragram provided to all Single-Family Customers. In the event that the City elects to pravide the program during a caiendar year,the City shall notify the Contractor in writing no fater than dctaber 1s`of the preceding year. �uring the calendar year City of Renton 26 April,2015 Comprehe�sive Garbage,Reryclables,and Cornpastables Collectian Contract Ordinance Na. 5801 in which the service is offered, the City sha11 increase the campensation provided to the Contractor by $0.10 per month per Single-�amily Residence Customer accaunt billed during the year in which the service is offered. This amatant is subjec#ta adjustment pursuant to the provisions of Section 4.2.1. The service shafi cansist of a coflection service pravided either once that year on a schedufed week, or through the use of an on-demand year-round call-based service at the option of the City. Under that service, the Contractor shall provide curbside collection to handle bulky materials at no additional charge to Customers. The service/event shall accept two categories of household Garbage items: (ij up to one (1)yard of i�dividual small items not larger than three feet by three feet and weighing not mare than 65 pounds; and (2) two additional non-appliance bulky items, including laut nat limited to mattresses, sofas and chairs. The Contractor shal! be responsible for maintaining records of Customer usage to ensure that each Customer only receives the free service once each year. Additionally, the Contractor shall report Customer usage af this service in the monthly reports pravided to the City and will summarize usage in the annual repart. 3.2.2 Single-Famify Residence Recyclables ColEection 3.2.2.1 Recyclable Materials Residenkial Recyclables shall be collected from all participating Single-Family Residence Customers as part of basic Garbage collection services, without extra charge. If operational or recycling processing improvements are made that allow additional materials to be recycled at no additianal cost to the Contractor, the Contractor agrees to expand the defined �ist of Residential Recyclables to cover such materials, subjed to prior written approval by Renton. The Contractor shall coliect Curbside prepared and either called-in or set-out Recyclables as described in Attachment C. With the exception af Carrugated Cardbaard,ihe maximum dimensions far Recycling ma#erials shall be two (2}feet by twa(2} feet. Renton reserves the right to engage in praduct stewardship andJar waste prevention activities that may resu4t in one ar more materials being remaved from the Attachment C list. 3.2.2.2 Containers The Contractor shall provide collection Containers to Customers at no charge.The default Recycling Cart size shall be 96-gallons, provided that the Contractar shall offer and provide 32- or 64-gallan Recyciing Carts on reques#ta those Single-Family Residence Customers requiring less capacity than pravided by the standard 96-gallon Recycling Cart. Recycling Carts shall be delivered by the Contractar to r�ew Single-Family Residence Customers, thase Custamers requesting replacements, or CustQmers that had previously rejected their Recycling Cart, within seven(7)days of the Customer's initial request. 3.2.2.3 Specific Callection Requirements Single-Family Residence Recyclables callection shall occur every-other-week on the same day as each household's Garbage and Campostables coliection, Coilections sha11 be made from residences on a regular schedule on the same day and as clase to a consistent time as possible. The �antractor shall calEect an PubEic Streets and Private Raads in the same (ocation as Garbage coHection service is City of Renton 27 April,2016 Comqrehensive Garbage,Recyctables,and[ornpostables Collection Cant�ad Ordinance No. 5801 provided.The Cantractor`s crews shall make co({ections in an orderiy, non-disruptive and quiet manner, and shall return Cantainers with their#ids c#osed and attached ta their set out iocation, and out af any Pub(ic Street,in an orderly manner. The Contractar shall catlect al! properiy prepared Single-Family Residence Recyclabies from sut�scribing Single-Family Residence Customers for Garbage service. No{irnits shal!be placed on set-out valumes for Curbside ftecyclables,other than those specifically listed in Attachment C. 3.2.3 Single-Family Residence Compastables Callection 3.2.3.1 Subject Materials Properly-prepared Compostables shall be collected each week from a(1 participating 5ingle-Family Residence Customers as part of 6asic Garbage callection services,without extra charge. 3.2.3,2 Cantainers The Contractor shal!pravide Compostables Carts to Customers at no charge.The default Compastables Cart size shall be 96-gallons, provided that the Contractor shall offer and provide 32- or 64-gallon Compostables Carts on request to those Single-Family Residence Custamers requiring less capacity than provided by the defauit Compastables Cart. The Contractor shall also provide a smaller capacity Faod Mini-can for Customers wishing to use a Container on�y for Food Scraps.The model Food Mini-can used by the Contractor shall be appraved in writing by Renton prior to the Cantractar purchasing inventory. Excess Yard Debris material that does nat fik in a Campastables Cart shall be bundled ar placed in Kraft paper bags, reusable pfastic bags, ar properly labeled Custamer-owned Garbage Cans. Custamers choasing to use their own Garbage Can for excess Yard Qebris shall be provided durable stickers by the Cantractar that dearly identify the cantainer`s contents as "Yard Debris." The Contractor shall maintain and have available for Customers a list af lacal retai! stores that carry acceptable Kraft paper ba�s and �eusable plastic Yard Debris bags. The list of local retai! stores shal! be provided on the Cantractar's website and available to Customers by maiL The Contractor shall also make acceptable paper bags and reusable plastic Yard Debris bags available at its customer service center. Compostables Carts shall be delivered by the Contractor ta new Single-Farniiy Residence Customers, Customers requesting a replacement Compostables Cart, and Customers that had previously rejected their Compastables Cart within seven (?}days of the Customer's initial request. The Contractor shall provide and distribute to all requesting Single-Family Residence Customers a kitchen �ood Scrap collection container, previously approved by Renton in writing, with a capacity of appraximately 9.6 quarts.The Contraetor shall include instructional materials, subject to Renton's prior written approval, with all kitchen Food 5crap collection containers. Distributed kitchen Fond Scraps collection containers sha�l indude at least two biodegradable liners, provided at the Cpntractor's cost. Kitchen Food Scraps collection containers will be distributed to each Single-Family Residence in the service areas previously defined by Ordinance 5618 and Ordinance 5619 at no additionai cost. Any new Single-Family Residence added to the City Service Area shall also receive a kitchen Food Scraps container at na additional cost. City oE Renton 28 April,2015 Comprehensive Garbage,Recyclables,and Compostables Collection Cantrad Ordinance No. 5801 The Contractor shall provide an on-call fee-based Compostables Container cleaning service to Customers at the rate directed by Renton. The Contractor shal( maintain and have available for Single-Family Residence Customers a list of local retail stores that carry acceptable biodegradable plastic or other material bags for Customers to use for the accumulation of Food Scraps to be placed in the Compostables Carts. The list of local retail stores shall be provided on the Contractor's website and available to Customers by mail. The Contractor shall also make acceptable biodegradable plastic or other material bags available at its customer service center. 3.2.3.3 Specific Collection Requirements Properly prepared Compostables shall be collected weekly on the same day as each household's Garbage and Recyclables collection from all Single-Family Residence Customers. Collections shall be made from Single-Family Residence Customers on a regular schedule on the same day and as close to a consistent time as possible.There shall be no limit on the amount a customer may set out for collection, provided that the Contractor may petition Renton to limit collection in the event that a customer consistently abuses the service by setting out commercial quantities of Compostables. The Contractor shall provide annual holiday tree collection during the first two weeks of each year at no additional charge for both Single-family and Multifamily Customers, incfuding those Multifamily Customers that do not subscribe to compostables collection. Clean uncontaminated (e.g. no tinsel) trees up to six feet in length shall be collected without further preparation.The collection may occur on regular Compostables collection routes to the extent that the collection vehicles can handle six foot lengths of material. In the case of Multifamily Customers, collection will occur on the customers garbage collection day during the first two weeks of the year. Compastables may be placed in Carts, paper bags, bundles, or relabeled Garbage Cans next to the initial Compostables Cart, provided that Food Scraps shal! be contained in the initial Cart and only Yard Debris shall be placed in bags,bundles,or open cans. The Contractor shall collect on Public Streets and Private Roads in the same location as Garbage collection is provided.The Contractor's crews shall make collections in an orderly and quiet manner,and shall return Containers in an upright position, with lids attached,to their set out location and out of the public street 3.2.4 Multifamily Complex and Commercial Customer Garbage Collection 3.2.4.1 Subject Materials The Contractor shall collect all Garbage set out for disposal by Multifamily Complex and Commercial Customers in or next to Containers. 3.2.4.2 Containers Multifamily Complex and Commercial Customers shall be offered a full range of Container and service options, including Garbage Carts and one (1) through eight (8) cubic yard compacted and non- City of Renton 29 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contrect Ordinance No. 5801 compacted Oetachable Containers. Containers shall be provided to Customers at no charge, except for compacting Containers or unless otherwise set forth in this Contract and directed by Renton. Materials in excess of Container capacity or the subscribed service level shall be collected and properly charged as Extra Units as directed by Renton. The Contractor shall develop and maintain route lists in sufficient detail to allow accurate recording and charging of all Extra Units. The Contractor may use either or both front-load or rear-load Detachable Containers to service Multifamily Complex and Commercial Customers. However, not all collection sites within Renton Seroice Area may be appropriate for front-load collection due to limited maneuverability or overhead obstructions. The Contractor shall provide Containers and collection services capable of servicing all Customer sites,whether or not front-load collection is feasible. Containers shall be delivered by the Contractor to requesting Multifamily Complex and Commercial Customers within three(3)days of the Customer's initial request. 3.2.4.3 Specific Callection Requirements Collections from both Multifamily Complex and Commercial Customers shall be made on a regular schedule on the same day and as close to a consistent time as possible to minimize Customer confusion. The Contractor shall provide focks for Containers upon request, remove and replace Containers from enclosures and position (roll-outj Containers up to twenty-five (25)feet for Garbage (and Recycling and Compostable)collection at no additional charge. Additional Roll-out charges may be assessed in twenty- five (25) foot increments only to those Multifamily Complex and Commercial Customers for whom the Contractor must move a Container over twenty-five (25) feet to reach the colledion vehicle at its nearest point of access. Extra charges may be assessed for materials loaded so as to lift the Container lid in excess of six(6) inches from the normally closed position. Multifamily Complex and Commercial Garbage may request extra coilections and shall pay a propartional amount of their regular monthly rate for that service as directed by Renton. 3.2.5 Multifamily Complex and Commercial Recyclables Collection 3.2.5.1 Subject Materials All properly prepared Recyclables listed in Attachment C for Multifamily and Commercial Customers, shall be collected as pa►t of the basic Garbage collection services, without extra charge and without limit. Renton 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 Recyclables listed in Attachment C. 3.2.5.2 Containers The Contractor shall provide Recycling Containers at no additional charge to all Multifamily Complex and Commercial Customers requesting Containers. City of Renton 30 April,2016 Comprehensive Garbage,Recyclables,a�d Compostables Colledion Contract Ordinance No. 5801 The Contractor shall encourage and promote recycling and recammend appropriate Container sizes through its site visit and evaluation process. The Contractor shall encourage the use of Detachable Containers or Drop-box Containers instead of multiple Carts at locations where more than one cubic yard of Recycling capacity is provided, unless space or other constraints favor the use of Carts. Containers used for the collection of Recyclables shall be delivered by the Contractor to requesting Customers within three(3)days of the Customer's initial request. 3.2.5.3 Speci�c Collection Requirements Multifamily Complex and Commercial recycling collection shall occur at least weekly or more frequently if space constraints preclude providing sufficient weekly capacity. Collections shall be made on a regular schedule on the same day(s) of the week and as close to a consistent time as possible to minimize Customer and tenant confusion. The Contractor's crews shall make collections in an orderly, non- disruptive, and quiet manner, and shall return Containers after emptying to the same location as found, with their lids closed. 3.2.6 Multifamily Complex and Commerciat Customer Compostables Collection The Contractor shall provide Cart-based Compostables collection services on Renton's approval to requesting Multifamily Complexes and Commercial Customers using Detachable Containers for Garbage service. Renton shall compensate the Contractor for the service at the rates in Attachment e and may choose to embed the service in Garbage rates or direct the Contractor charge a retail rate to the Customer. 3.2.6.15ubject Materials The Contractor shall provide collection of Compostables from any requesting Multifamily Complex or Commercial Customer, subject to that Customer's continued compliance with material preparation requirements. Contaminated or oversized Compastables materials rejected by the Contractor shail be tagged in writing in a prominent location with an appropriate problem notice explaining why the material was rejected. 3.2.61 Containers Carts or Food Mini-Cans Containers shall be provided to Customers as part of the service at no additional charge. Compostables Containers shall be delivered by the Contractor to Multifamily Complex and Commercial Customers within three(3)days of a Customer's initial request. City of Renton 31 April,2016 Comprehensive Garbage,Recyclables,and Compostables Colledion Contract Ordinance No. 5801 3.2.6.3 Specific Caliection Requirements Multifamily Cornplex and Commercial Customer Compostables calfection shalf occur at least weekly ar more frequentiy, as subscribed for. Coilections shall be made ctn a regular schedule an tl�e same day(s} of the week and as close to a consistent time as possible to minimize Customer confusion. The Contractor's crews shall make collectians in an orderly and quiet manner, and shall return Containers after emptying to the same Incation as found,with their lids closed. Multifamily Camplexes and Comrnercial Customers using Cart Garbage service shall be provided embedded Food Scraps service through the use of a Food Mini-Can. Cart Garbage service Customers shali be notified of the service when signing up for Garbage coliedion and shall be provided a Faod Mini-Can an requesC at no additionai charge. The Garbage rate in Attachment B for Multifamily Complex and Commercial Custamer Cart setvice inc{udes the casts of providing this Food Scraps co(lection service. 3.2.7 Drop-Bax Contai�er Garbage Collection 3.Z,7.i 5ub�ect Materials The Contractor shall provide Drop-Box Container Garbage collection services to Customers, in accordance with the service level selected 6y the Customer. 3.2.7.2 Containers The Contractor shall pay the cast of pracuring and providing Containers for Garbage meeting the standards described in Sectian 3.2.25. 8ath Customer-awned and Cantractor-awned Drop-bax Containers shall be serviced,including Custome�-owned compactors. The Contractor shaU r�aintain a sufficient Drop-box Container inventary to provicle delivery af empty containers by the Contractor ta new and temparary Customers within three (3j business days after the Customer's initial request. 3.2J.3 Specific Collection Requirements The Contractor shall provide dispatch service and equipment capability of collecting fuN Drop-box Cantainers an the same business day if the Custamer's initial request is received by the cal( center before or at 10:00 a.m., and no later than the next business day if the Customer's initial caN is received by the call center after 10:00 a.m. At the Customer's request, the Contractor shall deliver an empty Drop-box Container to the Customer at the time of collecting the fufl Drop-box Container. Drop-box Containers shall be delivered to new Customers within one l�usiness day of their initial request. The Contractar shall detach, remove and replace Drop-Box Containers from locked or unlocked enclosures at no additional charge. The Contrackor may tharge additional time or mileage only upan the Custamers prior approval and oniy when the Customer direct material to a facility other than the dosest King County disposal facility. {��Qf Rentan 32 Apri1,2Q16 Camprehensive Garbage,Recyclables,and Compostables Collection Contract Ordinance No. 5801 3.2.8 Temporary(Non-Event}Container Custamers The Contractor sha11 maintain a sufficient Container i�ventory, inciuding Detacha6le Container and Drop-bax Containers, to provide delivery of empty Containers by the Contractar to temporary Customers within twenty-four(24)hours after the Customer's initial request.The charges for temporary Detachable Coniainer service as (isted in Attachment 6 shalf include delivery, collection, distance, and disposa!or protessing for Recyclables or Compostables. No additional fees other than those included in Attachment B may be charged. Temporary Garbage services do not include embedded Recycling or Compostables callection and shall not exceed ninety (90) days in duration. Custamers requiring senrice for more than ninety (90) days shall subscribe for regular combined Garbage, Recycling, and Composfiab�es service. 3.2.9 Special Event Seroices The Contractor shall provide temporary Garbage, Recytlables, and Compastables Containers ta C�stamers spansaring speciaf events within the Service Area at the rates listed in AtLachment B. The Contractar shaN provide such Custorners with assistance in determining Conta'rner needs and signage for Garbage, Recyclables, and Compostables at the special events, including site visits and techniral assistance to ensure that the maximum Recyclables and Compastables diversion is achieved. The Cnntractor shall coordinate their effarts with Renton, and provide such Customers and Renton with a summary of the volumes and tannages nf materials disposed af, and diverted for recycling and composting. The Contractor sha11 provide special event services as a bundle, with each event provided collection of Garbage,Recyclables, and Compastables.The provision af Garbage-only service is discouraged, and shall be offered on a case-by-case basis only upon prior written approval of Rentan. 3.21(�Rentan Services The Contractor shal!provide collection of a!I on-street Litter and Recyclables receptacles wi2hin Rentnn, as listed in Attachment E. Collection shall accur nat less than three (3) times each week and up to five (5) times each week, depending on seasan and need, at the d+scretion of Renton. Additional Litter and Recyclables receptacles may be added to the Attachment E list at Renton's discretian, at no additional char�e. In additian to Rentan's existing litter Reeeptacles, the Cantractar shaN pracure and install up ta 2Q aciditianal �itter and(or Retyclable Receptacles with liners eq�ivalent in locations designated by Renton. Replacement Gners for all Renton Litter and Recyclable Receptacles shall be the responsibility af the Cantractar.Specification for Renton Litter and Recyclable Receptacles include: Victor Stanley Mode15424,36 Gallon Litter Reeeptade with standard tapered,formed lid and black plastic�iner. Color.VS Green or other designated by Renton. For Recytlable Receptatle the color shall be blue and indude a recycle lid. City of Renton 33 Rpril,2415 Gomprehensive Garbage,Recyclables,and Compastables Collectian Contract Ordinance No. 5801 The Contractor shall provide weekly Garbage, Recyclables and Compostables coilection to all Renton- owned municipal facilities as a part of this Agreement and at no additional charge. Those facilities include, but are not limited to the fallowing: ���acil� , ,,, � , � , , � ,, Se'`tv�t�x'�: �li��� ,�.�, � � Carco Theatre I 1717 Maple Valley Highway � Cedar River pog Park � 1500 Houser Way S Fire Station#11 � 211 Miil Ave S Fire Station#12 � 1209 Kirkland Ave Fire Station#13 � 17040 108`h Ave SE Fire Station#14 � 1900 Lind Ave SW Fire Siation#17 � 14810 Petrovitsky Rd SE former Renton City Hall � 200 Mill Ave S Gene Coulon Park � Sunset&1201 Lake Washington Blvd N Henry Moses Aquatic Center � 1719 Maple Valley Highway Highlands Neighborhood Center � 800 Edmonds Ave NE Maplewood Golf Course � 4050 Maple Valley Highway North Nighlands Neighborhood Center � 300 NE 16ch Renton Airport ' Renton Field,600 Perimeter Rd W Renton City Hall � 1055 5 Grady Way Renton City Hall Annex � 1010 S 2"d St Renton Community Center � 1715 Maple Valley Highway Renton Facilities Maintenance � 105 Williams Ave N � _ - Renton Historical Museum � 235 Mill Ave S Renton Parks Maintenance � 107 Williams Ave N Renton Public Library � 100 Mill Ave 5 Renton Public Works Maintenance � 3555 NE 2"d 5t � Renton Senior Center � 211 Burnett Ave N At any time during the Term of this Contract,Renton may add facilities and parks in addition to thase listed above. Additional municipal facilities added during the term of the Contract shall also be provided collection, including new facilities developed within the Service Area,as well as municipal facilities in future annexation areas covered by this Contract,provided that no more than two additional facilities or parks may be added per year without additional compensation to the Contractor. 3.2.11 Renton-Sponsored Cammunity Events The Contractor shall provide Garbage and Recycling services for Renton-sponsored special events at no charge to Renton or users. Container capacity shall be coordinated with event staff to ensure that sufficient Container capacity and collection frequency is provided 6y the Contractor. These events shall include, but not be limited to: • Code Enforcement Clean-up Support: In residential areas designated by Renton,Contractor shall support clean-up events with up to 12 Drop-box Containers per year. Contractor shall provide 10 yard -40 yard Drop-box Containers (or other sizes approved by Renton) without City of Renton 34 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract Ordinance No. 5801 charge to Rentan. Contractor shall waive delivery, rental and other fees and the City shaH pay far dispasal. • Special Recyding& Reuse Events: The Contractor shati provide suppart at twa (2) Speciat Recycling Events and ane {1} Reuse Event each year. At each event, the Contractar shatl provide Drop-bax or Detachable Containers for Garbage, Recyclables, and Compostabies coNected at the events, The Cantractor shall provide al! equipment, staffing, callection, transportation, and recycling at no additional charge to Renton, and Renton shall be responsible for any disposal fees, • Other Renton Events: The Contractor shatl provide Garbage, Recycling, and Compostables collection services for the following Renton-sponsored events at na charge to Renton or users. Services and container capacity shail be coordinated with event staff to ensure that sufficient container capacity and callection frequency is provided by the Contractor. o Renton River Days o Faurth a#luiy Celebration o Neighborhoad Picnics—Up to 15 picnics per year o Farmers'Market o Annual City Employee Celebratian At any time during the term of this Cantract, Renton may add Renton-Sponsored Community Events in addition ta those (isted abpve, provided that if Renton adds more than one event every year, the Contrac#or may negotiate compensation far those additional events. Additiana{ event services far public or private Customers shal) be charged at the rate listed in Attachment B for each set af three{3)96 gaflon carts,per event day. This fee is all-inclusive far delivery, setup and collection af cantainers. 3.2.12 On-cal!Bulky Waste Collection The Contractor shall provide on-call Bulky Waste cpllection to any Customer, including Multifamily and Commercial Custamers. On-cal( collection of Bulky Waste shail be provided by the Cantractor to Customers by appaintment for no mare than the charge set forth in At#achment B to this Contract, with collec#ion occurring no later than five{5�business days after a Custamer initial request. Customers me�st ptace Bulky Waste at the regular Garbage ca3lection lacation na mare than 29-hours prior to collection. The Contractor shall notify the Customer of the specific date that their item will be collected, the charge that wiU be made ta their next bill, and where the item should be placed far callectian. The Contractor shall recycle all metal white goods, unless another arrangernent is approved in writing by Renton, and to make a reasonable effort to recycle a11 other materials coliected. The Contractar shall direct Customers to remove doars from refrigerators and freezers before collection and not to place eu(ky Waste at the Curb prior ta twenty-four(24) hours befare scheduled coilection. City of Renton 35 April,2016 Comprehensive Garbage,Recyclables,and[ompostables Collection Contract Ordinance No. 5801 The Contractor shall maintain a separate log listing service date, materiais collected, Customer charges, weights, and whether the item was recycled or disposed. This log shall be provided to Renton on a monthly basis in accordance with Section 3.3.4. On-call Bulky Waste collection must occur during the hours and days specified in Section 3.1.4, with the exception that Saturday collection is permissible if it is more convenient for Customers. The Contractor's crews shall make collections in an orderly, non- disruptive and quiet manner. 3.2.13 Excluded Services This Contract does not include the collection or disposal of Hazardous Waste. 33 COLLECTION SUPPORT AND MANAGEMENT 3.3.1 General Customer Service The Contractor shall be responsible for providing all Customer service functions, including, but not limited to: • Answering Customer telephone calls,texts,chat,and e-mail requests; • Informing Customers of current, new,and optional services and charges; • Handling Customer subscriptions and cancellations; • Receiving and resolving Customer complaints; • Dispatching Drop-box Containers,temporary containers,and special collections; • Billing;and, • Maintaining and updating regularly as necessary a user-friendly internet website. • Maintaining and updating regularly as necessary a user-friendly mobile application. These functions shall be provided at the Contractor's sole cost, with such costs included in Contractor charges set forth in Attachment B. The City acknowledges that the Contractor will be shifting call center functions to out-of-state locations with the intention of enhancing customer service and offering updated functionality for telephone, mobile applications, texts, e-mails and website requests. If, as a result of this transition the Contractor fails to meet Contract requirements for Custamer service,the Contractor shall shift call center functions back to a local customer service site within King County no later than one hundred twenty (120) days after the City's written notification. 3.3.2 Specific Customer Service Requirements The Contractor shall maintain a service base within twenty-five (25f miles of Renton corporate limits. Operations and management staff shall be located at that site, provided that call center operations may be remotely provided. The Contractor's call center shall be open at a minimum from 7:00 a.m. to 7:00 p.m. Pacific Time Zone weekdays, and 8:Ofl a.m. to 5:00 p.m. Pacific Time Zone Saturdays. The holiday collection schedule described in Section 3.1.7 shalt also apply to Customer service coverage. Customer service representatives shall be available through the Contractor's call center during office hours for commu�ication with the public and Renton representatives. Customer calls shall be taken during office City of Renton 3b April,2016 Comprehensive Gar6age,Recytlables,and Compostables Colledion Contract Ordinance No. 5801 hours by a person, not by voice mail. During all non-office hours for the call center, the Contractor shall have an answering or voice mail service available to record messages from a!I incoming telephone calls, and include in the message an emergency telephone number for Customers to call during outside normal office hours in case of an emergency. The Contractor shall maintain a twenty-four(24}emergency telephone number for use by Renton. The Contractor shall have a representative,or an answering service to contact such representative,available at such emergency telephone number for city-use during all hours, including normal office hours. Inability to reach the Contractor's staff via the emergency telephone numbers shall be cause for performance fees in accordance with Section 5.1.z. 33.2.1 Customer Service Representative Staffing During ca11 center service hours, the Contractor shall maintain sufficient call center staff to answer and handle complaints and service requests from all Customers without delay. If incoming telephone calls necessitate, the Contractor shall increase staffing levels as necessary to meet Customer service demands. The Contractor shall provide and publicize a telephone number capable of handling service related text messages. The Contractor shall maintain sufficient staffing to answer and handle complaints and service requests in a timely manner made by methods other than telephone, including letters, e-mails, text messages or webpage messages. If staffing is deemed to be insufficient by Renton to handle Customer complaints and service requests in a timely manner, the Contractor shall increase staffing levels to meet customer service standards. The Contractor shall provide additional staffing during the transition and implementation period, and especially from six (6) weeks prior to the Date of Commencement of Service, through the end of the fourth month after the Date of Commencement of Service, to ensure that sufficient staffing is available to minimize Customer waits and inconvenience. The Contractor shall receive no additional compensation for increased staffing levels during the transition and implementation period. Staffing levels during the transition and implementation period shall be subject to Renton's prior review and approval. 3.3.2.2 Renton Customer Service The Contractor shall maintain staff that has management level authority to provide a point of contact for the majority of inquiries, requests, and coordination covering the full range of Contractor adivities related to this Contract. Duties include, but are not limited to: • Assisting staff with promotion and outreach to Single-Family Residences, Multifamily Complexes,Commercial Customers,and special events; • Serving as an ombudsperson, providing quick resolution of Customer issues, complaints, and inquiries;and, • Assisting Renton with program development and design, research, response to inquiries, and troubleshooting issues. City of Renton 37 April,2016 Comprehensive Garbage,Recyclables,and Compostables Colledion Contract tJrdinance No. 5801 A Cantractor-designated service expert sha(I be immediately accessible by staff ta address emerging problems as needed, and shall return messages {telephone, te� ar e-mail} within four (4} haurs of Rentan's leaving or sending a message. Should the Contractor faif to meeE the expectations for customer service to Renian as described herein, the Contractor sha!}be assessed perfarmance fees in accordance with Section 51. 3.3.2.3 Service Recipient Cornplaints and Requests The Contractor shal! record all complainfis and service requests, regardless af how received, including date,time, Customer's name and address, if the Customer is wiliing to give this information, method of transmittal, and nature, date and manner of resolution af the complaint or service request in a computerized daily log. Any telephone ca11s received through the Contractar's non-office haurs voice mail ar answering service shalf be recorded in the log the na later than by the foilowing business day. The�ontractor shafl make a conscientic�us effart to resalve all complaints within twenty-four{24) hours of the original phone call, letter, or internet cammunication, and service requests within the t'smes established throughout this Contract fnr various service requests. If a longer response#ime is necessary for camplaints or requests,the reason for the delay shall be noted in the lag,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 Renton, ar its designated representatives, during the Contractor's a�ce hours, and shall be in a format approved by Renton. The Contractor shali provide a copy of this {og in an electronic format from the Microsoft Office suite of software ta Rentan witfi the manthly repart. 3.3.2.4 Handling of Customer Calls AI# incaming telephane calls shal) be answered pramptly ar►d caurteously, with an average speed of answer af less than thirty(30�seconds. iVo telephone ca!!s shal! be placed on hold far mare than two(2) minutes, and on a monthly basis, no more than 10% af incoming telephone calls shall be place an hald for more than twenty (20� secands. A Custamer shall be able to talk directly with a Customer service representative when calling the Cantractor's Custamer service telephane number during office hours without navigating an automated phone answering system. An autamated voice maii service or phane answering system may be used when the office — both the Customer Service Office and the Customer Service Center—is dosed, A Customer calling inta the Custorner service phone lines and placed on hold shall hear either Renton- specific messages or messages that are applicable and not misieadi�g ta Customers. 3,3.2.5 Corrective Measures Upon the receipt of Custamer complaints in regard to busy signals ar excessive delays in answering the telephone, Renton rnay request the Contractor submit a plan to Renton for carrecting the problem. Once Renton has appraved the plan, the Contractor sfiail have six#y (60) days to implement the carrec#ive rneasures, except during the transition and implementation period from ane (1) month prior to the pate of Commencement of 5ervice, thraugh the end of the faurth month after the Date of Commencement of Service, during which the Contractar shall have one (3} week ta implement City of Renton 3$ April,2016 Comprehensive Garbage,Recyclables,and Compostables Colledion Contract Ordinance Na. 5801 carrective measures. Reasonable corrective measures shali be implemented withaut additianal compensation to the Cantractor. Faiiure ta provide corrective rneasures shall result in possible performance fees for the Contractar. 3.3.2.6 Contractor Internet Website The Contractor shall provide a user-friendly Internet website accessible twenty-four {24) hours a day, seven (7) days a week, containing informatian specific ta Rentan's callection programs, including at a minimum contact information, collection schedules, day af collection map that is dated as af the last change and always current, material preparation requirements, available services and options, rates and fees, inciement weather service changes, and other relevant service information for its Customers. The website shall include an e-nnail function for Customer communicatian with the Contractor, and the ability far Customers to submit service requ�sts and manage their services on-(ine. E-mai(ed Customer service requests shall be answered within twenty-four (24) hours af receipt. The website shall offer Customers the option to receive and pay their service bills on-line through a secured bi1) payment system that enables Customers to make one-time or ongoir►g payments via credit card or checkingJsavings account at no exira charge. The website design shall be usability tested and then submitted ta Rentan for approval a minimum of three(3) months prior ta the Date of Commencement af 5ervice of this Contract, and then changes shall be subject to Renton's prior approval thraughout the Cerm of this Contract.The Contractor shall provide among its local staff a knowledgeable and proficient website manager that is responsive to Renton's request(s} for changes ta the Contractar's website. Changes requested by Rentan consisting af textual messages anly shall be uplaaded to the website within seventy-twa (72j hours of the time of the request(s}.Changes requested by Rentan,af a textual nature, that are related ta an emergency or time- sensitive situatian {such as an inclernent weather event, windstorm, or event preventing access to a Customer's regular place of container set-out}shalf be upioaded ta the website as saon as possib{e and nat more than six (6► hours from of the time of request. Changes requested by Renton that include a graphical component must be uplaaded to the website within ten(10�days of the time af the request. The Contrartor shall update the website monthly, and more aften if necessary, and provide links to Renton's website, checking on a regula� basis that all links are current. The website shall include information requested by Rentan translated into a minimum of four (4} languages other than English, induding Spanish, Chinese, Russian, and one other language to be identified by Renton. Upon Renton's request,the Contractor shall provide a website utiiization report indicating the usage of various website pages and e-maii optian. 3.3.2.7 FuN Knowledge of Garbage,Recyclables,and Compostables Programs Required 7he Contractor's Customer service representatives shall be fully knowledgeable af all collection services auailable tn Customers, including the various services available to Single-Family Residence, Multifamily Complex and Commercial Customers. For new Customers, Customer service representatives shall explain all Garbage, Recyclables,and Compostables collection options available depending on the sector the Customer is calling from. Far existing Customers,the representatives shall explain new services and optipns, and resalve recycling issues, collectian cancerns, missed pickups, container deliveries, and other Customer eoncerns. Customer service representatives shaH be trained to inform Customers of City of Renton 39 April,2416 Camprehensive Garbage,Recyclables,a�d Composta6les Collectiarr CaMrad i�� Ordinance No. 5801 Recyclab(es and Compostables preparation specifications. Rentan policy questians shall be immediately farwarded ta Renton for response. The Contractnr's Custamer senrice representatives shafi have instantaneous electrarric access to Customer service data and history to assist them in providing excelEent customer service.The Cantractor sha{I provide Renton with internaf custamer service representative training and support information specific to Rentan to a4low Renton to review and check infarmatian provided to customer service representatives and, in turn, provided to Customers. Any revisians to these materials shall be approved in writing(e-mail is accepta�le) by Renton prior to being used by customer service representatives. The Contractor shal( also pravide Renton with na less than five (5) phantam biiling accounts representing various sectors ta facilitate city manitoring of Customer communications and 6illing protacals. These phantom accounts shall be established in canjunction with Renton and shali be accessible ko Renton and managed as if Rentan were a normai Customer using these accaunts. 3.3.2.8 Cust�orner Communications All Customer communications (other than rautine service and billing interactions with individua! Customers�sha(I be reviewed and approved by the City before distribution. Renton and Cnntractor recognize that Customer preferences far their methad of communication may change during the Term of this Cantract and agree ta adjust custamer service expectations to match Custamer preferences. For example, if call traffic to the Contractor`s telephone-based call center reduces over time and is supplanted by an increase in texting, the Contractor sha11 shift staff resources accordingly to ensure high leveis af customer service.The City and Contractor agree ta review Contract requirernents periodically and negatiate in gaod faith any desired improvements to the Contract senrice standards related to customer senrice delivery. 3.3,2.9 Customer Service loca#ion within Rentan The Contractor shall provide a physical Custamer service location, centrally located within the city limits af Renton and open a minimum of 40 hours each week, Monday—Saturday, where Customers are able tn pay bills, access account informatian, change service, view examples af available Carts for selecting service level, obtain kitchen containers, recycling and composting information, and other customer support activities related to this Contract. The Customer Service Location`s bilt payment functian may be limited to non-cash payment, pravided that a cash payment location is provided within a reasonabie walking dis#ance ta the main Customer service locatian and sub}ect to the City'S approval. The Customer senrice Ic�cation may be co-located with another arganization andJor may provide ather functions unrelated to Contract activities. The location and scope of operations shal! be approved by the City prior to implementation. City af Renton 40 April,2016 Cornprehensive C,arbage,Recyclables,and tompostables Collection Cnntract Ordinance Na. 5801 3.3.3 Customer Bitting Respons'rbilities The Contractor shail serve as billing a�ent for Renton and will invoice Custamers, receive and past payments, deposit Customer remittances into a Renton account anc! provide a weekly repart of receipts to Renion. The Contractor shal! be responsible for all billing functions related ta the callectian services required under this Contract, in accordance with a Billing Operations Plan negotiated between th� City and the Contractar. Billing and accounting costs assaciated with Customer invoicing shall be borne by the Contractor,and are included in the service fees included as Attachment B. Customers may not suspend callectian services, but may reduce their service ta the minimum service specified in the Bil(ing Operations Plan. The Contractor shall recancile their Custamer list with a Renton- provided list af addresses to identify patentiai Customers not in compliance with Renton's mandatory collec#ian a�dinance. The timing and Renton list format shall be arranged between Re�tan and Contrackar,but the Customer list recanciliatior�shall occur na less frequen#!y than annually. The Contractor shall be respansiale far the fol4owing: • Generating combined Garbage, Recyclables, and Compostables collection bills for all Custamers; • Billing Single-family Customers quarterly and all other Customers monthly; • Generating bilis printed double-sided,on a minimum of fifty percent�50%)recycled with at least thirty percent �30°/aj post-consumer recycled-content paper, unless a Customer has opted for paperless billing in which case no paper bill shall be generateci; • Ger►erating bif#s that include at a minimum a statement indicating the Customer's eurrent service level, current charges, including itemized extra services, and payments, appropriate taxes and fees,Customer service eontact infarmation and website information; • Generating bills that dearly state the dake at which late fees will be assessed for non-payment; + Generating bills that have sufficient space on the frant of the bill for educational or informatianal messaging, as directed by Renton; • Accepting payment in person fram Customers at a location within the City, and on-line at the Contractor's website. Customers shall be able to make payments by cash,check, or debit/credit card at physical lacations; • Accepting automatic ongaing payments fram Customers via debit ar credit card, checking or savings account withdrawal,ar by wire transfer.C�stomer shall be provided with withdrawal or transfer date options and one aption shall be to pay the day prior ta when late fees are due. Na transaction fees may be levied on any Custnmer payrnents; • Accepting, processing, and posting payment data each business day; City of Renton 41 Qpril,2C}S6 Comprehensi�e Garbage,Recydables,and tompostables Collection Cantract Ordinance No. 5801 • Accep#ing bill inserts fram Renton for specific Customer sectors; • Maintaining a systern to monitor Customer subscription levels, record excess Garbage or Compostables collected, place an additional charge an the Customer's bill far ihe excess eo�lection, charge for additional senrices requested and defivered and aliow for accurate tracking of the Single-family curbside tlean-up program.This system shall maintain a Custamer's histarical account data for a period of nat less than six(6)years from the end of the fiscal year in accordance with Renton's record retention policy, and in a manner that is instantaneously accessible to Customer service representatives needing to refer to Customer service data and history; • Accepting and responding to Customer requests for service level changes, missed or inadequate collection services,and additianal services;and • Cailecting unpaid charges from Customers for collectian services. The Cant�actor shall be required to have procedures in place to backup and rninimize the potential far the lass or darr�age of the account servicing (e.g., Ccrstomer service, service levels, and billing historyj database. `i`he Contrattor shal! ensure that at a minimum a daily backup of the account servicing database is made and stored off-site. The Contractor shall also provide Renton with a copy of the Customer service database by e-mail or electronic media on a monthly basis. Renton shall have unlimited rights to use the Customer service da#abase, including, but nat limited to, developing targeted educatianal and outreach pfo�rams, analyzing service level shifts or rate impacts, and/or providing information to successor contractors, Upon seven (7) days written natice,the Contractar shail pravide Renton with a paper and/ar electronic copy at Rentan's c#iscretion of the requested Custamer information and history, including but nat limited ta Custamer names, service and mailing addresses, contact information, service feve{s, and current account status. Renton resenres the right to review and approve in writing the bill template used by the Contractor as to format and design to ensure Customer satisfaction. In the event the Contractor has repeated problems implementing and satisfactorily perfarming Contractor billing,the City may elect to shift back to City biiling upan 90 days notice to the Cantractor. The City and Cantractor agree to negotiate the timely impiementation of that shift and the associated reduction in Cantractor rates based t�n the Contractor's original proposa(in response to the City's 2015 pracurernent fpr this Contract. City of Renton 42 April,2016 Comprehe�sive Garbage,Recydables,and Compostables Colledion Contrart Ordinance No. 5801 3.3.4 Reporting The Contractor shall provide monthly, annual, and ad hoc reports to Rentan. The Contractar report formats may be madified from time to time at Renton's request at na cost to Renton. In addition, the Cantractar shall allow staff access to pertinent operations informatian related ta carnpliance with the ob(igations af this Contract, such as vehicte route assignment and maintenance lags, Garbage, Reeyclabfes, and/or Yard Debris/Organic Waste facifity certified weight siips, and Customer charges ar�d payments. 3.3.4.1 Monthly Reports �n a manthly basis,within thirty(30) days af the last day of each month,the Contractar shall provide a report, in a format apprpved by the City,containing the following information for the previous rnonth: 1. A billing summary that provides the number of Custorners billed at each service level (e.g. by container size, extra setvices} for each service sector(e.g., Single-Farniiy Residence, Multifamily Complex, Commercial Customers and Drop-box hauls kty Conta+ner size}, the tatal number of Customers for each type of service by sector, Custamer receipts by each service level, and total billings. 2. A !og of all Customer requests, complaints, inquiries, and site visits, induding Customer name, praperty name and address,date of cantact or site visit, reason for site visit, results of Customer request,complaint, inquiry and/or site visit, Container sizes for various materials(e.g., Garbage, Recycling, Compostables, etc.), frequency af collectian for various materials befare site visit and resutting changes after site visit, additiana� follow-up needed, foiiow-up canducted, results of follow-up, and materials provided. 3. Reports fram the Cantractar's customer service telephane system showing tatal cai( volume, tatal cails answered, average speed of answer, percent of ca1ls answered within twenty {20} secands, total cails placed on hold, percent of calls on hold answer-ed within twenty (20) seconds, percent of cal{s on hald answered within two {2} minutes,iota! number of abandoned calls, a�andonment rate (abandoned cal! divided by total volume af cal4s), and auerage time ta abandonment. 4. Website utili2ation report showing total number of Customers paying their bills an-line, tatal number of Customers managing their services an-line, totai number of e-mails received via website, data on site usage, and other data or information as Renton may require for internal reporting purpases. 5. A summary of total Garbage, Recycfables and Compostables, quantities collecied (in tons} far each collection sectar.Where item caunts are mare appropriate for certain Recydables or 8ulky Wastes (e.g, appliances, CFIs, etc.), repor#ing item counts are sufficient. The summary shal! include the names of facilities used for all materials and tonnage delivered tp each facility. 6� A summary of Recyclables market prices,contaminatian tevels and processing residues disposed as Garbage. City of Renton 43 April,2015 [omprehensive Garbage,Recyclables,and Compostables Collectinn Ca�tract Ordinance Na. 5801 7. A list of current disposal or processing fees per tan for each makerial coNected. 8. A descriptio�of any vehicle accidents ar infractions. 9. A description af any promotion, education, and outreach efforts, including wf�ere possibfe, samples of materials,and summary of any feedback or response received fram Customers. 10. A description of Contractor activities and tannages related fpr city services and events. 11. A list af potential Customers that are in non-compliance with Rentnn's mandatory collection requirements, including name, service address, mailing address, phone, e-mail contact information,Contractor atternpts to retain the Customer and date af iast service. 22. A summary of Customer metries cansistent with the fee reparting requirements af the E.oca! Flazardaus Waste Management Program for the purpose of paying quarterly fees. Far this Contract, the Contractor wilt caflect the fees as Rentc�n's agent, and Rent�rn will pay the Laca! Haza�dous Waste Program fees to Public Health, Seattle $c King County, based on the metrics pravided by the Contractor. If collection vehicles are used tn service more than ane Customer sector,the Contractor shall develop an apportioning methodology that allows the accurate calculatian and reporting of collection voiumes and quantities from the different sectors.The apportioning methodology shal� be subject to the prior review and written approval af Renton,and shall be periodically verified through field testing by the Cantractor. 3.3.4,2 Annual Reports C�n an annual basis, by the first warking day of March, the Contractor shall pravide a €eport containing the following information for the previous yea�; 1. A cansalidated summary and tabulation of the manthly reports,described above. 2. A discussion of highlights and other noteworthy experiences, along with measures taken to resolve problems, increase efficiency, and increase participation in, and volume of, Recyclables and Campastables collection programs. 3. A discussion of opportunities and chailenges expected during the current year, including steps being taken to take advantage of appartunities and resolve the chalEenges. 4. A discussion +af promotion, education, and auireach efforts, and accomplishmerits €or each sector. 5. An inventnry of current collection vehicles and other major equipment, including model, year, make, serial ar VIN number, assigned vehicle number, mileage (if vehide), collection sector assigned to or used in,and maintenance history, includi�g vehicle painting. City of Renton 44 April,2015 Comprehensive Garbage,Recyclables,and Compastables Collection Contract Ordinance Na. 5801 6. An inventary of afil Cantainers used in the perfarmance ofi this Cantract, inc{uding lacatian address, Custamer name and cantatt in#ormation, and the size and seria( number of aEl Cantainers used at that address. 7. A list af Multifamily Complexes eligible far Recycling and Compostables collection service, but not receiving one or bath services,with the results of required confacts made during the year to promote the Recycling and(or Compostables service to those complexes, including the reason why the Multifarnily Complex is not receiving Recycling and/or Cornpostables service. � 8. A list of Gommercial Custamers eligible for Recycling and Compostab(es collection service, but not�eceiving one or both services,with the results of required contacts made during the year to promote the Recyciing andJor Compostabies service to those sites, including the reason why the Commertial Custamer is not receiving Recyciing andJor Campostables service 9. A detaiied report an Container thange-aut, cleaning, painting, re-stickering andfor labeling,and replacement completed or nat completed an schedule during the previous year. 10. A summary of the monthly logs of Custorner requests, complaints, inquiries, site visits, and resalutions or results, as required in Section 3.3.4.1. The sumrnary shall organize Customer requests, complaints, inquiries, and site visits by category (e.g., missed pickups, improper set- ups). 11. A summary of Customer usage of the annua(curbside cfeanup program. The annual report shall be specific ta Renton's operatians, written in a format appropriate for con#ract management and shall not be a genera{izeci fisting of Contractor activities in the region or e{sewhere. 3.3.4.3 Ad Hoc Reports Renton may request from the Contractor up to twelve {12) ad-hoc reporks each year, at no additional cast to Renton. These reports may include Customer service database tabulations to identify specific service level or participation patterns nr other similar informatian. Reparts shall be provided in Renton- defined format and software compatibility. These reports shall not require the Contractar to expend more than twa hundred(200}stafF hours per year ta complete. 3.3.4.4 Other Reports If requested by Ftentan, the Contractor shall provide daily route informatian for all senrice sectors and coflection streams for the purpase af evaluating potentia!collection system changes during the Term of the Contract. lnformation received by Renton shal!be subjett to existing laws and regulations regarding disclosure,including the Public Disclosure Act,Chapter 42.56 of the Revised Code of Washington. 3.3.5 Promotian and Education The Contractor, at its own cost and at the direction of Renton, shaN have primary responsibility for develaping, designing, executing, and distributing public prarnotion, education,and outreach pragrams. The Contractar shall also have primary responsibility for Customer recruitment, providing an�nual City of Renton A5 April,2016 Comprehensive Garbege,Recyclables,and Compostables Colfectian Cantrad Ordinance No. 5$01 service-oriented information and outreach to Customers, induding providing an-site commercial Recycling and Compastables teehnical assistance, distributing Renton-devefoped promotional and educatianaf pieces at Renton's direction, and implementing on-going recycling pramotians, education, and autreach programs at the direction of Rentan. AA written materiais, Custamer surveys and other general cammunications provided to Customers by the Cantractar shalk be approved in advance by the City. The Cantractor shall annually contact, by telephone ar site visit, the manager or owner af each Multifamily Complex site ta enCourage recycling participation, address concerns, space or contamination problems, offer additional or on-going education or training to tena�ts, and inform tfie manager or owner of all available services and ways to decrease Garbage generation, increase recyc(ing and prevent contaminatian in Recycla6les and CamposfabJes Containers. The Contractor shall caordinate and work coaperatively with Rentan s#aff andJor cansultants hired ta canduct outreach and educatian,and provide technical assistance. The Contractor shal4 every two (2) years d�ring the duration of the Contraci, starting with Cantract implementatian in late 2Q16, follow-up with each Cammercial Customer 6y telephnne or in person to address additional concerns, space or contamir�atian problems, and affer additional education or training to tenant businesses. The Contractor shall attempt to reach each Cammercial Customer by telephone no mare than two (2) times, with a minirnum of one (1) week separating each attempted telephone call, at which time, if unsuccessful,shall conduct a site visit to the Commercial Customer.The Contractor's educational efforts to Commercia( Custamers shali indude performing waste audits to determine areas that need impravement, developing and cavering the cost of stickers ar signage for interior coliec#ian containers, and delivering Commercial Customer program packets to the Camrnercial Customers ar tFseir tenants, as requested by the Cammercial Customer,a cammercial tenant,or Rentan. The Cantractar shall coordinate and work cooperatively with Renton's staff and/or consultants hired to conduct autreaeh and educatian,and provide technical assistance, The Contractar shal(, upon request of a Commercia! Customer or a tenant business, and at the Contractor's expense, conduct a site visit within one week of the request to review existing services, determine recycling potential, and assess space constraints far additional Containers. Any additional promotional, educational, and informational materials provided by the Contraetor to Customers in cannection with the Contract shali be designed, developed, printed, and delivered by the Contractor, at the Contractor's cost, and subject to Renton's final written approval as ta farm, content, and methad af delivery. Renton shall review and approve all materials and a minimum af a two (2) weeks review period shafl be provided in all cases by the Contractor to allow sufficient time far review and approval. Outreach to Cammercia! Customers by the Contractor shall not preclude Renton or its consultants fram aiso conducting targeted outreach and technical assistance to encourage waste preventian and recycling. 3.3.6 Transitian ta Next Contractor The Cantractor sha11 work with Renton and any sutcessive contractor in goad faith to ensure minima) Customer disruptian during the transitian periad from Renton's previous contractor to Rentan's new City oP Renton 46 April,2016 Comprehensive Garbage,Recyclabtes,and Compnstables Collectio�Contract Ordinance No. 5801 Contractor. Cart and Container removal and replacement shall be coordinated between the Contractor and a successive contractor to occur simultaneously in order to minimize Customer inconvenience. In the event that Renton does not elect to retain the Contractors Containers pursuant to Section 3.1.15.3, the Contractor shall remove any Containers for all services or any portion of services provided under this Contract upon sixty(60)days written notice from Renton. The Contractor shall provide a detailed Customer list in an electronic format acceptable to Renton, including Customer name, contact information (i.e.,telephone number and e-mail address, if available), service address, mailing address, collectian service levels and frequencies, day of collection and Container rental service fevels to the successive contractor within seven (7) days of initial request by Renton. Failure to fully comply with this Section 33.6 shall result in the forfeiture of the Contractor's performance bond,at Renton's discretion. 4.COMPENSATION 4.1 Compensation to the Contractor Renton manages a solid waste utility fund and sets Customer rates in accordance with city rate policies as needed to fund Renton obligations. Those obligations include paying the Contractor for collection services, paying for Garbage disposal fees directly to King County, and other functions related to Renton's solid waste system. Renton will set retail rates for Customers and will inform the Contractor of the retail rates to be charged no later than ninety (90) days prior to the implementation of the rate change. Renton's setting of retail rates is separate from, and distinct, from the Contractor compensation rates listed in Attachment B, as adjusted by Section 4.2. The Contractor shall promptly implement Renton's rates changes and provide notification of pending rate changes on Customer bills. The Contractor shall provide all billing functions for services under this Contract and shall collect funds from Customers on Renton's behalf as Renton's billing agent. Customer remittances are the property of Renton and not the Contractor. The Contractor shall be responsible for billing and collecting revenue from Single-Family Residence, Multifamily Complex, and Commercial Customers in accordance with the charges for services directed by Renton. Renton shall pay the Contractor for services rendered, in accordance with Attachment B (as adjusted pursuant to this Contract),within thirty(30) days of receipt of Contractor's monthly invoice for such services. Renton's payments to the Contractor shall comprise the entire compensation due to the Contractor. Renton is not required under this Contract to make any payments to the Contractor for services performed, or for any other reason, except as specifically described in this Contract or for services Renton obtains as a Customer. In the event that 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 Renton in writing, based on the average of surrounding WUTC tariffs if such service is addressed in current tariffs. Upon Renton's written approval, the Contractor may provide the requested services and may be City of Renton 47 April,2016 Comprehensive Garbage,Retyclables,and Compostables Collection Contract Ordinance No. 5801 autharized to directly invoice the Custamer the Contractor's retail rate far thase services. in na case shal!the Contractor provide unauthorized services ar charge unauthorized rates. Rentan pravides Seniar law-income andJor disabfed resident discounts to certain Si�gle-fami#y Residentiai Customers meeting Renton's eligibility criteria. Renton sha11 pravide the Contractor with an initial list of eligible accounts and shall provide the Contracior with provisions of Rentan's ordinance so that the Contractar may implement the policy for Customers requesting the discount in the future. The Cantractor's campensation from Renton will not be reduced for those Customers. 4.2 Compensation Adjustments 4.2.1 Annua)CPI Modification The Contractor's cailectian service charges and miscellaneous fees and Contraet aptians contained in Attachment B, excluding waste disposal fees, for each leve! of senrice shall increase each year by one hundred percent (200°l0} of Ehe annual percentage change in the Cansumer Price index (CPi} for the Seattle-1"acoma-Bremerton Metropofitan Area for the U.S. City Average Urban 1tVage Earners and Clerical Wnrkers, all items (Revised Seriesj {CPI-W1982-84=10Qj prepared by the United 5tates Department of Labor, Bureau of Labor Statistics,or a replacement index.Adjustments shall be based on the twelve (12) month period ending June 30`h of the previous year that the request for increase is made. Fpr example, an adjustment to the Cantractnr's callection service charge for 2018 will be based on the CPl for the twelve (12)month period ending June 30, 2017. In the event that the CPI index series decreases year-ta-year, the service camponent of Contractor rates shall remain unchanged, and the successive year's adjustment shal{ be based on the most recent lune 30Lh CPi index value which yielded a pasitive year-to-year adjustment. En the event that the CPI index series increases over eight percent (8°f�) year-to-year, ttte actual adjustment used shall be eapped at eight percent(81�}. Adjustments to the Contractor's co!lection service charge shall be made in units af one cent ($QA1�. Fractions less than one cent($0.01)shall not be considered when making adjustments. The Contractor's compensation shall be adjusted annually, beginning January 1, 2018. The Contractor shall submit in writing and electronic form to Renton far review and verification a Rate Adjustment Statement, calcutating the new rates for the next year, on or by October 1;` of each year, starting t3ctober 1, 2417. In the event that the Contractor does not submit a Rate Adjustment Statement by Octnber lst, Renton shall calcuiate and unilate�afly impiement a rate adjustment based on the best available information as of Octaber 15` af that year for the applicable peri€�d and the Contractor shall {ose the right fia appeal this action. On Renton's review and verification,the new rates shal!take effect on lanuary 15t of the fnllovuing year. An example of rate adjustments due to Consumer Price Index changes is provided in Attachment D. 4.2.2 Changes in Disposal or Campostables Processing Sites if the Contractor is required by Renton ar other gavernmental authority to use Garbage dispasal or Campostab{es pracessing sites other than those being used at the initiation af this Contract, the Contractor sfiall submit a cietailed proposal for the adjustment af the rates to reflect any additional cast City of Renton 48 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract flrdinance Na. 5801 or savings ta the Contractor. Rentan and Contractar agree to negotiate in gaad faith any changes ta the rates to offset these costs or savin�s. if the Contractnr is no longer be able to find a processing site for al! callected Compostables, after a good faith effart ta locate a processing facility acceptable to Renton, Renton reserves the right to drop the collectian of affected components af Compostables, such as Food Scraps, from the Contract and Rentan and Contractor shail negotiate rate reductian in gaod faith to reflect the reduction in service. if the Contractor is subsequently able to find a pracessing site for Composiables ar the site that was originally used for processing Compostables is able to resume taking the dropped materials, Renton reserves the right to reinstate the cotiectian af those materials and to reverse the previausly agreed rate reductian for the reduction in service. 4.2.3 Other Modifications The Contractor shall not adjust or modify rates due ta employee wage increases, cha�ges in Compostabfes processing fees, Garbage coflection service leve! shifts, or other changes affecting the collection system. In the event that unfareseen temporary market circumstances prevents or precludes compliance with the requirements of 5ection 3.1.12, the Contractor may request a temporary adjustment or other relief from the requirements of that Section 3.2,12. The City may request any and all dacumentation and data reasonably necessary to evaluate such request by the Contractor,and may retain,at its own expense,an independent third party to audit and review such documentation and such request. If sucfi third party'rs retained, the City shall take reasonable steps, cansistent with State taw, ta protect the con#idential or proprietary nature af any data or intormation supplied by the Contractor. If an unforeseen marlcet cire�mstance persists more than nine{9}rnonths,the Parties agree to engage in good feith negotiations to determine a mutually acceptable course of action,including but not limited to eliminating the materials from the list nf Recyclables, changing Customer preparation requirements, modifying Contractor rates, or any ather mutually-agreeable solution. The City shall review the Contractar's request within one hundred twenty (120) days of receipt. Upon the City's review of the Contractar's request, the City sha(I apprave or deny the request, at its sole discretic�n. 4.2.4 New or Changes in Existing Taxes If r�ew municipa! or Washington State taxes or fees are imposed or the rates of existing taxes are changed a1"ter the Date of Execution of this Cantract, and the impact of these changes results in increased or decreased Contractar costs in excess of ten #hausand dollars ($10,000) annually, the Contrac�or and Renton shall enter into good faith negotiations to determine whether compensation adjustments are apprapriate for the amount exceeding the ten thousand dallar($10,000)threshold and if so,to deterrnine the amount and the method of adjustment. tn the euent that raad or bridge tolis are implemented that affect the Contractor's operations under this Cantract, Renton and Cantractor agree to enter inta gaad faith negotiatians Lo adjust compensatian City of Renton 49 Apnl,2016 Cnmprehensive Garbage,Recyclables,and Compastables Collection Cc��tract Ordinance No. 5801 accordingly, without meeting the #en thousand dollar ($10,000) cost threshold referenced in the preceding paragraph. 4.2.5 Changes in Service Provision In the event that either the Contractor or Renton initiates any changes in how Contract services are provided that reduce Contractor costs, the Contractor shall promptly notify Renton in writing of such reduced costs, and rates shall be reduced within thirty (30} days of the subject change so that Renton and the Contractor's Customers shaH receive the benefit of fifty percent(50%)of the cost savings. 4.3 Change in Law Changes in fecleral, State, or local laws or regulations that result in a detrimental change in circumstances or a material hardship for the Contractor in performing this Contract may be the subject of a request by the Contractor for a rate adjustment, subject to review and approval by Renton, at Renton's sole option. If Renton requires review of financial or other proprietary information in conducting its rate review, at the request of the Contractor, Renton shall retain a third-party to review such information at the Contractor's expense, and may take any other steps it deems appropriate to protect the confidential nature of Contractor's documents and preserve the Contractor's ongoing ability to remain competitive. 4.4 Compensation Adjustments Approval Any compensation or fee adjustments as provided for in Section 4 shall be approved or disapproved by Renton. 5. FAILURE TO PERFORM,REMEDIES,TERMINATION Renton 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 through Contract default for more serious lapses in service provision.Section 5.1 details infractions subject to performance fees and Section 5.2 details default provisions and procedures. City of Renton 50 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract Ordinance Na. 5801 5.1 Performance Fees Renton reserves the right to make periodic, unscheduled inspection visits ta determine the Contractor's compiiance with the prouisions and requirements af this Contract. in the event that Renton's inspection �eveals that the Contractor has failed to satisfactorily perform any duties of this Contract, Etenton shakl present a documented incident report to the Contractor detailin�such unsatisfactory performance.The Cantractor and Rentan agree that upon receiving such report, the Contractar shal! pay the following dollar amounts, not as a penalty, but as performance fees for failure ta satisfactarily perfarm its duties under this Contract.Renton and the Contractor agree that Renton's damages would be difficult to prave in any litigation and thaC these dollar amounts are a reasonable estimate of the damages sustained by Renfion as a result of the Contractar's failure to satisfactorily perform its duties under this Contract.The performance fees in this Sectian 5.1 sha11 not apply to tfie service impacts of Labae Disruptians, as separate performance fees shali apply under thase circumstances, as described in Sectian 3.2.10. Performance fees shalf indude: � Action or Ctmission � Performance fees 1 Colleckian before or after the times specified in Section 3.1.4, Five hundred dollars ($500} per except as expressly permitted in writing. incident {each vehicle on each route is a separate incidentj. 2 Repetition of complaints on a route after notification, Fifty dnllars ($SOj per incident, including, but not limited ta, failure ta replace Containers in not to exceed five hundred designated locations, spilling, not closing gates, not replacing dollars ($500) per vehicle per lids,crassing planted areas, or similar vio�ations. day, 3 �ailure to clean-up or collect leaked or spilled materials The cost af cleanup ta Renton, andJor failure to notify Renton within 4 hnurs of incident. plus five hundred dollars ($504) per incident. �i Ubserved leakage ar spillage fram Contractor vehicies or of Five hundred dollars {$500) per vehicle contents. vehicle, per inspection, plus cfean-up costs. 5 �aifure to replace a leaking Cantainer within twenty-faur(24j One hundred dollars ($100) per hours of nati#icatian. incident, and then one hundred dollars ($1Q0� per day that the Conkainer is nat replaced. 6 Failure to collec# missed materials within c�ne {1) business Fifty dallars {$50) per incident to day after notification. a maximum of five hundred dollars ($S00) per vehicle per . day. 7 Missed callection af a block segment of Single-Fam+ly Two hundred fifty dallars ($250) Residences (excluding callections prevented by inclement per block segment if collection is weather, but not excluding callectinns prevented by performed the fo!lowing day; inaperable vehicles). A bEack segment is defined as one side one Ehousand dallars ($1,OOQ} if of a street, hetween crass-streets, nat to exceed fifty (SQj not colfected by the following houses. �aY• 8 Cvllection as Garbage of non-cantaminated Source- Qne thcausand- dollars ($1,d00� separated Recydables, Yard Debris, or Compostables in per incident. clearly identified containers, bags,nr boxes. tiky oE Renton 51 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract Ordinance No. 5801 � � Ac#ion or�mission � Perfqrrr�ance fees ' 9 Rejection af Garbage, Recyciables, Yard Debris or One fiundred dallars ($1Q0} per Carnpostables without providing documentation to the incident. Customer of the reasan far rejection. , 10 Fai#ure to deliver Containers within three {3) days af request One hundred daliars {$14t}} per to Multi€amily Campiex ar Commercial Customers requesting incident. service after the l�ate of Cammencement of Service. . 11 Failure to deliver Garbage, Recyclables or CornpasLables Twenty-five dollars {$25) per Containers within seven (7� days o#request ta Single-Family incident. Residence Customers requesting service after the Date af Commencement of Service. I 12 I Misrepresentation by Contractors in records or reporting. I Five tMousand dollars ($5,000) . per incident. i 13 I Failure to provide the required annua) report on time. Five hundred dallars ($S00} per ` � day past d�adline. 14 Failure to maintain clean, sanitary and properly painted . Fifty dollars ($50} per incident, Cantainers, up to maximum af ane thousand dolfars{$1,000}per inspectian. 15 Faifure ta maintain contract-compfiant vehides Fifty dQllars ($50} per incident, up to maximum of one thousand dallars($1,Q00}per inspection. I16 �ailure to meet Customer service answer and on-hold time � One hundred dallars ($loa� p�� � perfarmance requirements. , �aY• 17 Failure to meet the service and perfarmance standards listed Twa hundred and fifty dollars in Section 3.3.2 of this Contract for a period nf twa (2) ($250) per day until the service consecutive months. standards listed in Section 3.3.2 are met for ten (107 cansecutive business days. 18 Failure to ensure that all Custamers have cantract compliant Five thousand dollars {$S,OQOj Garbage, Recycling and Compostables Containers on or per day, p(us twenty-five dallars before the Date of Cammencement af Service. ($25} per Cantainer for each incident occurring after the Date of Commencement of Service. 19 Failure to include city-author'szed instructional/ promationa) Fifty dallars ($50} per incident, mate�ials when Garbage, Recycling, and/or Compostables with no maximum. Containers are delivered to Sir�gle-Family Residences, or failure ta affix required city-authorized stickers on Containers. 20 Failure to separate callection pf materials from Service Area Five thousand dollars ($5,000j � Customers from non service area customers. , per route per day. ( 21 Failure to properly use an authorized switchable piacard or Qne hundred dallars ($100} per � nameplates as described in Sectian 3.1.14. � piacard per vehicle per day. � 22 Inability to reaeh the Contractar's staff via the emergency � Two hundred-fifty dollars ($250} � telephane number. , per incident. � 23 The use of outdated, or unautharized stickers, or lack of ( Fifty dollars($50j per Container. I required sticicers on Contractar provided Containers. f City of Renton 52 April,2416 Comprehensive Garba�e,Recyclabfes,and Compostables Collection Contract Ordinance Na. 5801 j Aci:ion'or Qmission � Performance fees 34 Failure to have correct rates for ail Customer sectars and Twa hundred»fifty doilars ($250) � service levels listed on the Cantractor`s website. � per day,with na maximum. iUothing in tt�is Sectian shall be canstrued as providing an exclusive fist of the acts or omissians af the Contractor that shall be co�sidered viofatians or breaches o#the Contract,and Renton�eserves the right to exercise any and all remedies i# may have with respect to these and ather violatians and breaches. The performance fees schedule set forth here shal! not affect Rentan's abi{ity to terminate this Contract as described irr Section 5.2. Performance fees, if assessed during a given manth, shail be invoiced in writing by Renton to the Contractor,The Contractor shall be required to pay Rentan the invoiced amount within thirty (30) days of billing. Faiiure to pay performance fees shail be considered a breach of this Contract,and shali accrue penalty charges of eight(8.0°�)percent of the amaunt af any delinquent payments. Any performance fees assessed aga'snst the Contractor may be appealed by #he Contractor to Renton w'sthin ten (1Q)days of being inuoiced far assessed performance fees.The Contractor shall be allowed ta present evidence as to why the amount af the assessed perfarmance fees sF�ould be lessened or eliminated, including the provision of incorrect information provided by a previous contractor for cantract failures during the initial transition period, Renton's decisian shall be final. 5.2 Contract Default The Contractor shall be in default af this Contract if it violates any provision of this Contract. tn addition, the Contractor shall be in de#ault of the Contract should any of the fallowing occur, inciuding, but not limited to: l. The Contractor fails to commence the collectiorr af Garbage, Recyclab3es, ar Compostables, or faits to pravide any portion af service under the Contract on the Date of Commencerr►ent of Senrice,or for a period af more than five(5)consecutive days at any time during the term of this Contrad,except as provided pursuant to 5ection 3.1.24; 2. The Cantractor fails to obtain and maintain any permit, certification, authorization, ar license required by Renton, County, or any federal, State, or other regulatory body in order to collect materials under this Contract,or comply with any environmental standards and regulations; 3. The Contractar's noncompiiance creates a hazard to public health or safety or the environment; 4. The Cantractor causes uncontaminated Recyclables ar Compostables #a be dispersed of in any way, such as in a kandfill or incinerated at an incinerator or energy recovery facility,without the prior written permission of Renton; 5. The Contractor fails to make any required payment to Rentan,as specified in this Cantract; 6. The Cantractor is ass�ssed performance fees pursuant to 5ection 5.1 in excess of fifteen thousand dollars($15,000)during any consecutive six(6j manth period;or City of Renion 53 Aptil,2qi6 Comprehensive Garbage,Retyclahles,and Compostables Colledian Contract Ordinance No. 5801 7. The Contractor fails to resume full service to Customers within twenty-one days following the initiation of a labor disruption pursuant to Section 3.1.2Q. Renton reserves the right to pursue any remedy available at law or in equity for any default by the Contractor. In the event of default, Renton shall give the Contractor ten {10) days prior written notice of its intent to exercise its rights, stating the reasons for such action. However, if an emergency shall arise that does not allow ten (10)days prior written notice, Renton shall immediately notify the Contractor of its intent to exercise its rights immediately. If the Contractor cures the stated reason within the stated period, or initiates efforts satisfactory to Renton to remedy the stated reason and the efforts continue in good faith, Renton may opt to not exercise its rights for the particular incident. If the Contractor fails to cure the stated reason within the stated period, or does not undertake efforts satisfactory to Renton to remedy the stated reason,then Renton may at its option terminate this Contract. If the Contractor abandons or violates any portion of this Contract, fails to ful{y and promptly comply with all its obligations, or fails to give any reason satisfactory to Renton for noncompliance, and fails to correct the same, Renton, after the initial ten (10)days' notice, may then declare the Contractor to be in default of this Contract and notify the Contractor of the termination of this Contract. A copy of said notice shall be sent to the Contractor and surety on the Contractor's performance bond. Upon receipt of such notice, the Contractor agrees that it shall promptly discontinue the services provided under this Contract. The surety of the Contractor's performance bond may, at its option, within ten (10) days from such written notice, assume the services provided under this Cantract that Renton has ordered discontinued and proceed to perform same, at its sole cost and expense, in compliance with the terms and conditions of the Contract,and all documents incorporated herein. In the event that the surety on the Contractor's performance bond fails to exercise its option within the ten (10)day period, Renton may complete the services provided under this Contract or any part thereof, either through contract with another party or any other means. Renton shall be entitled to recover fram 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 pravided under this Contract, together with any further damages sustained or to be sustained by Renton. If Renton employees provide Garbage, Recyclables or Compostables collection, the actual incremental costs of city labor, overhead, and administration shall serve as the basis for a charge to the Contractor and the surety on the Contractor's performance bond. 6.NOTICES All notices required or contemplated by this Contract shall be in writing and personally served or mailed {postage-prepaid and return receipt requested), addressed to the parties as follows, or as amended by Renton: To Renton: Linda Knight Solid Waste Coordinator Public Works pepartment City of Renton 54 April,2016 Comprehensive Garbage,Recyclables,and Compostables Colledion Contract Ordinance No. 5801 City of Renton 1055 Sauth Grady Way Renton,WA 98{355 To Contractar: Genera!Manager Rabanco ltd. 22010 76`n Ave S Kent,WA 98032 Copies to: Divisian Cnntroiler Rabanca ltd. 220I0 76`h Ave S Kent,WA 98032 Municipal Manager Rabanco ltd. 22010 76`h Ave 5 Kent,WA 9$032 7.GENERAL TERMS 7.1 Catlectian Right The Cantrattor shall be the exclusive provider with which Renton shafE contract to collect Garbage, Recydabies and Compostables pfaced in designated Cantainers and set aut in the regular cafiection lacations within the Service Area. Rento� shall not be abligated ta jain, contribute ta or instigate litigation ta protect the right of the Cantractor. This Contract provision shall not apply to Garbage, Recyclables, ar Compostables self-hauled by the generator; to Source-separated materials hauled by common or private carriers (including drop-off recycling sitesj; or to construction/demolition waste hauled by self-haulers or construction or demalition contractors in the norma!course af their business. The Contractor shall retain the right and caver al!casts to d'+spose af ar process and maricet the Garbage, Recyciables, and Campostables once these materials are placed in Contractor-provided or Renton- owned containers. The Contractar shaN retain revenues gaineti from the sale of Recyclables or Compostables. Likewise, a tipping or acteptance fee charged for Recydables ar Compostables shal! be the financia!responsibi(ity of the Contractor. 7.2 Access to Recards The Contractor si�all maintain in its local office full and compiete aperations, Custamer, financial, and service records that at any reasonable time shall be open far inspection and copying for any reasonable purpase by Rentan. #n additian, the Contractar shaN, during the Cantract term, and at least seven {7} years thereafter, maintain in an affice in Kin�County repo�ting records and biliing records pertaining to City of Renton 55 Aprit,2016 Cnmprehensive Gerbage,Recyclables,and Compastables Collection Cantract �rdinance Na. 5$01 the Cantract that are prepared in accordance with GeneraNy Accepted Accounting Principles, reflecting the Contractor's senrices provided under this Contract. Those Contractor's accounts shai! include, but shali not be limited to,ail records,invoices,and payments under the Cantract,as adjusted for additianal and deleted services pravided under this Contract. Renton shall be allowed access to these records for audit a�d review purposes, subject to the same protectians of the Contracta�'s financial or other proprietary information set forth in Section 4.3. The Contractar shall make available copies of certified weight slips for Garbage, Recyclables, and Campostables 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. 7.31nsurance The Contraetor shall pracure and maintain, far the Term of the Contract, 'snsurance that meets ar exceeds the coverage set forkh beEow, as determined in the sole reasonable discretion of Rentan. The cost af such insurance shall be paid by the Contractor. Contractor's maintenance af insurance as required by this Contract shall not be construed ta limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit Rentan's recourse to any remedy available at law or in equity. 7,3.1 Minimum Scope of Insurance The Cantractor shall obtain insurance that meets or exceeds the follawing of the types described below: 1. Autamobile liat�ilitv insurance covering alI owned, non-awned, hired, and leased vehic(es. Coverage shafl be written an Insurance Services Office {!SO}form CA 04 01 or a substitute form prpviding equivalent liability coverage. If necessary, the policy shall be endorsed to pravide contractual liability coverage. The palicy shal} include the ISQ CA 9948 Form (o� its equivalent} for transportation af carga and a MCS 90 Farm in the amaunt specified in the Motor Carrier Act. The palicy shall include a waiver af subrogation in favar of Renton. 2. Commercial General Liabilitv, insurance shall be written on ISO occurrence form CG 00 01, ar a substitute form providing equivalent liability coverage and shal( cover liability arising from premises, operations, independent cantractors, praducts-campleted operations, personal injury and advertising injury, and liability assumed under an insured contract. There shall be no endorsement ar modificatic�n of the Cammercial General Liability insurance for lia6ility arising from explasian, coNapse, or underground properiy damage. Renton sha!! be named as an additional insured under the Contractar's Commercial General Liability insuranc� policy with respect to the work performed far Renton, using!Sb additional insured endnrsement CG 24 10 1185 or a substitute endorsement providing equivalent coverage. 3. Warkers' Comqensation cnverage as required by the Industrial Insurance laws of the State of Washingtan. City of Renton 56 April,2q16 Camprehensive Garbage,Reryclables,and Compostables Collection Contrad Ordinance No. 5801 4. Contractor's Pollution Liabilitv insurance coverage covering any claim for 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. 7.3.2 Minimum Amounts of lnsurance Contractor shall maintain at a minimum the following insurance limits: 1. Automobile Liabilitv insurance with a minirnum combined single limit for bodily injury and property damage of five million dollars ($5,000,000) for each accident. Limits may be achieved by a combination of primary and umbrella policies. 2. Commercial General Liabilitv insurance shall be written with limits no less than three million dollars ($3,000,000) for each occurrence, five million dollars ($5,000,000) general aggregate, and a two million dollar ($2,000,000) products-completed operations aggregate limit. Limits may be achieved 6y a combination of primary and umbrella policies. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Contractor's Pollution Liabilitv insurance shall be written with limits no less than five million dollars($5,000,000)combined single limit for each pollution condition for bodily injury, personal injury, property damage,cleanup costs,and legal defense expense. 7.3.3 Other Insurance Provisions The insurance poficies are to contain, or be endorsed to contain,the following provisions for Automobile Liability,Commercial General Liability,and Contractor's Pollution Liability coverage: 1. The Contractor's insurance coverage shall be the primary insurance with respect to Renton, its officials, employees, and volunteers. Any insurance, self-insurance, or insurance pool coverage maintained by Renton shall be in excess of the Contractor's insurance and shall not contribute with it. Renton, its officials,employees, and volunteers shall be named as certificate holders and additional insured's on the Contractor's insurance policy. 2. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3. Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided, ar canceled except after thirty (30) days prior written notice has been given to Renton.Such notice shall be sent directly to Renton. If any insurance company refuses to provide the required notice, the Contractor or its insurance broker shall notify Renton of any cancellation, suspension, or non-renewal of any insurance immediately on receipt of insurers' notification to that effect. City of Renton 57 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract Ordinance No. 5801 7.3.4 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VIII. 7.3.5 Verification of Coverage The Contractor shall furnish Renton's Risk Manager and City Attorney Department with original certificates and a copy of the amendatory endorsements, including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Contractor at least a month before the Date of Commencement of Service of this Contract. 7.3.6 Subcontractors The Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor, including the requirement that Renton, its officials, employees, and volunteers be named additional insured's on the Contractor's insurance policy. 7.4 Performance Bond The Contractor shall provide and rnaintain at all times a valid Contractor's Performance and Payment Bond or bonds, letter of credit, or other similar instrument acceptable to and approved in writing by Renton in the amount of two million dollars ($2,000,000). The bond, letter of credit, or other similar instrument shall be issued for a period of not less than one (1) year, and the Contractor shall provide a new bond, letter of credit, or similar instrument, and evidence satisfactory to Renton of its renewability, no less than sixty(60) calendar days prior to the expiration of the bond, letter of credit,or other similar instrument then in effect. Renton shall have the right to call the bond, letter of credit, or other similar instrument in full in the event its renewal is not confirmed prior to five (5) calendar days before its expiration. 7.S Indemnification 7.5.1 Indemnify and Hold Harmless The Contractor shall indemnify, hold harmless, and defend Renton, its elected officials, officers, employees, agents, volunteers, and representatives, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including costs and attorney's fees, injuries, sickness, or death af any person, or damage to or destruction of property of any kind, whether tangible or intangible, including loss of use resulting therefrom (all of the foregoing collectively, "Claims"), arising out of, in connection with, or incident to the work performed under this Contract to the fullest extent permitted by law,provided,however,that: 1. The Contractor's obligation to indemnify, defend, and hold harmless shall not extend to Claims caused by or resulting from the sole willful or negligent actions or omissions of Renton, its officers, agents,or employees. City of Renton 58 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract Ordinance No. 5801 2. The Contractor's obligation to indemnify, defend,and hold harmless for injuries,sickness,death, damage, or destruction caused by or resulting from concurrent willful or negligent acts or actions of the Contractor and Renton, its officers, agents or employees, shall apply only to the extent of the Contractor's negligence. Renton shall notify the Contractor in writing of the assertion of any claim against it for which it is entitled to be indemnified hereunder, and shall give the Contractor the opportunity to defend such claim (including the sole right to select and retain counsel of its own choice to represent it in connection with such claim), and shall not settle the claim without the prior written approval of the Contractor(and if the Contractor elects to defend such claim, the Contractor shall have the sole and exclusive right to resolve and settle such claim, so long as Renton has been absolved of any and all liability). Renton shall be entitled to fully participate with the Contractor in its defense of Renton. Renton may employ separate counsel to participate in the investigation and defense, but Renton shall pay the fees and costs of that counsel unless the Contractor has agreed otherwise.The Contractor shall control the defense of claims (including the assertion of counterclaims) against which it is providing indemnity under this Section. Renton shal) be entitled to recover its reasonable attorneys' fees, costs and expenses incurred in enforcing Section 7.5. 7.5.21ndustrial Insurance Immunity Waiver With respect to the obligations to hold harmless, indemnify, and defend provided far herein, as they relate to claims against Renton, its officers, agents, and employees, the Contractor agrees to waive the Contractor's immunity under industrial insurance, Title 51 RCW, for any injury, sickness, or death suffered by the Contractor's employees that is caused by or arises out of the Contractor's negligent exercise of rights or privileges granted by the Contract.This waiver is mutually agreed to by the parties. 7.6 Confidentiality of Information Under Washington State law, any written or recorded information (including but not limited to written, printed, graphic, electronic, photographic, or voice mail materials and/nr transcriptions, recordings, or reproductions thereofl created or submitted in performance of this Contract are a public record under the Public Disclosure Act, Chapter 42.56 RCW, and are subject to mandatory disclosure upon request by any person. 7.7 Assignment of Contract 7.7.1 Assignment or Pledge of Money by the Contrattor The Contractor shall not assign or pledge any of the money due under this Contract without securing the prior written approval of the surety of the Contractor's performance bond and providing at least thirty (30) day's prior written notice to Renton of such assignment or pledge together with a copy of the surety's approval thereof. Such assignment or pledge, however, shall not release the Contractor or its sureties from any obligations or liabilities arising under or because of this Contract. The requirements af 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. Ciry of Renton 59 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collec[ion Contrad Ordinance No. 5801 7.7.2 Assignment,5ubcontracting,Delegation of Duties . The Contractor shall not assign or sub-contract any of the services provided under this Contract that directly affect Customers or delegate any of its duties under this Cantract without the prior written approval of Renton, which may be granted or withheld in Renton's sole discretion. In the event of an assignment, sub-contracting, or delegation of duties, the Contractor shall remain responsibfe for the full and faithful performance of this Contract and the assignee, subcontractor, or other obligor shall also become responsible to Renton for the satisfactory performance of the services to be provided under this Contract. Renton 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 other obligor of its covenant to Renton to fully and faithfully complete the services to be provided under this Contract or responsibilities undertaken. In addition, the assignee, subcontractor, or obligor shall sign a separate statement agreeing to abide by all terms and conditions of this Contract. Renton may terminate this Contract if the assignee, subcontractor, or obligor does not comply with this clause. Supplier agreements for composting services, vehicles, part, fuels, and other general supplies are exempt from this reporting requirement. For the purposes of 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 Renton from executing a novation, allowing the new ownership to assume the rights and duties of the Contract and releasing the previous ownership of all obligations and liability. 7.7.3 Merger or Sale of Contractor Operations In the event the Contractor undergoes a name change for any reason,the name change as perceived by the public shall be completed within one (1)year from the effective date of the legal name change.The Contractor shall designate the name, logo, and colors under which it will be doing business in writing to Renton within thirty (30) days of the effective date of the legal name change. 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, and other items. Vehicles are the only exception; vehicles must be repainted with new name, logo, and colors within two(2) years of the effective date of the legal name change. 7.$Laws to Govern/Venue This Contract shall be governed by the laws of ihe State of Washington both as to interpretation and performance. Venue shall be in Superior Court in the State of Washington for King County, Ma(eng Regional Justice Center. 7.9 Compliance with Applicable Laws and Regulations The Contractor shall comply with all federal, state, and local regulations and ordinances applicable to the work to be done under this Contract. Any violation of the provisians of this section shalf be City of Renton 60 April,2016 Comprehensi�e Garbage,Recyclables,and Compostables Collection Co�trad Ordinance No. 5801 considered a violation of a material provision of this Contract and shall be grounds for cancellation, termination, or suspension of the Contract by Renton, in whole or in part, and may result in ineligibility for further work for Renton. 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 race, religion, creed, color, national origin, marital status, gender, age, disability, sexual orientation, 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, 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(�SHA),the Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts from time-to-time must be complied with, including ergonomic and repetitive motion requirements. The Contractor must indemnify and hold harmless Renton 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 local, state, and federal health and environmenta! regulations and standards applying to the operation of the collectfon and processing systems used in the performance of this Contract. The Contractor is specifically directed to observe all weight-related laws and regulations in the performance of these services, including axle bridging and loading requirements. 7.10 Permits and Licenses The Contractor and subcontractors shall secure a Renton business license and pay all fees and taxes levied by Renton. The Contractor shall obtain all permits, certifications, authorizations, and licenses necessary to provide the services required herein prior to the Date of Execution of this Contract at its sole expense. The Contractor shall be sale�y 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 a!I 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. 7.11 Relationship of Parties Renton and Contractor intend that an independent contractor relationship shall be created by this Contract. The implementation of services shall lie solely with the Contractor. No agent, employee, servant, or representative of the Contractor shall be deemed to be an employee, agent, servant, or representative of Renton; except that the Contractor shall be the City's billing agent as provided in Section 33.3 and the Billing Operations PEan. City of Renton 61 April,2016 Comprehensive Garbage,Recyclables,and Campostables Collectio�Contract Ordinance No. 5801 7.12 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. The Contractor shall provide to Renton a detailed list of all such separate agreements with Customers upon Renton's request. Renton may, at its sole option, regulate similar or identical services in the successor to this contract. 7.13 Bankruptcy It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Contract, at the option of Renton, may be terminated efFective on the day and at the time the bankruptcy petition is filed. 7.14 Right to Renegotiate/Amend Renton shall retain the right to renegotiate this Contract or negotiate contract amendments at its discretion or based on policy changes, state statutory changes, or County rule rhanges, Washington 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 Renton may alsa renegotiate this Cantract should any Washington State, County, or city rate or fee associated with the Contract be held illegal or any increase thereof be rejected by voters. In addition, the Contractor agrees to renegotiate in good faith with Renton in the event Renton wishes to change disposal locations or add additional services or developments, such as those identified through a pilot program under Section 3.1.18, 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 Renton and the Contractor. 7.15 Force Majeure Provided that the requirements of this section are met, Contractor shall not be deemed to be in default and shall not be liable for failure to perform under this Contract if Contractor's performance is prevented or delayed by Acts of God, including landslides, lightning,forest fires, storms,floods, freezing and earthquakes, terrorism, civil disturbances, acts of the public enemy, wars, blockades, public riots, explosions, accident to machinery, equipment or materials, unavailability of required materials or disposal restrictions, governmental restraint or other causes, whether of the kind enumerated or otherwise, that are not reasonably within the control of the Contractor, and are not the result of the willful or negligent ad error or omission of the Contractor; and that could not have been prevented by the Contractor through the exercise of reasonable diligence ("Force Majeure"). The Contractor's obligations under this Contract shall be suspended, but only with respect to the particular component of City of Renton 62 April,2016 Comprehensive Garbage,Recyclables,and Compostables Colledion Contract Ordinance No. 5801 obligations affected by the Force Majeure and anly for the peEiod during which the Farce Majeure exists. The foikowing events do not constitute Force Majeure: strikes, other than nationwide strikes or strikes that by virtue of their extent or completeness rnake the particular goods or services effectively unavailable to the Contractor; work stoppages or other labor disputes or disturbances occurring with respect to any acCivity performed or to be p�rformed by the Contractor;or general econamic canditions. If as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligatians under this Contract,the Contractor shalt notify Renton by teiephone and email, on or promptiy after the Force Majeure is first known, foilowed within seven (7} days by a written descriptian af the event and cause thereaf ta the extent knawn;the date the event began,its estimated duration,the estimated time during which the performance of the Cantractar's abligations wili be delayed;the IikeEy financial impact af the event; and whatever additional infarmation is available concerning the euent and its impact o� Renton and its Customers, The Contractor shall provide prampt written natice of the cessatior� of the Force Majeure. Whenever such event shall occur, the Cantractor, as pramptly and as reasonably possible, shal! use its best efforts ta eliminate the cause, reduce the cast, and resume performance under the Contract. In addition, if as a result of a Force Majeure event, Cnntractor is unalale whally or partially to meet its obligations under this Contract, the Contractor shall notify all Custam�rs regarding the disruption in collection service in a manner similar ta the notification required in the case of inciement weather under Section 3.1.8. 7.16 Illegal Provisions 1f any pravision of this Contract shall be declared illegal, vaid, or unenforcea6le,the ather provisions af the Contraet shall remain in full farce and effect. 7.17 waiver No waiver af any right or obligation of either party hereto shall be effective unless in writing, specifying such waiver,and executed by the party against whnm such waiver is sought to be enforced.A waiver by either party of any of its rights under this Contract on any occasion shail not be a bar to the exercise of the same right on any subsequent occasion or of any other right at any time. 7.18 tncorporation of Contractor's Praposal in Response to Renton's RFP The Contractor's Propc�saf, dated : sutrmitted in response to ftenton's Request for Proposals, is fully incorporated by this reference, including but nat lirnited to collection vehicte types, customer service staffing and approach, processing abilities and other commitmenks made in the Contractor's proposal and all associated clarifications and supplemental proposal materia(s or attachments. In the case of conflict between the Contractor's proposal and this Contract,the provisions of this Contract shall prevail. Rentan may approve changes to vehicle and Cantainer make, modet and specifications at Rentan's discretion. City of Renton 63 April,2016 Comprehensive Garbage,Recyclables,and Compostabies Colledian Contrac[ Ordinance No. 5801 7.19 Cancellation of Previaus Franchises Contractor currently serves two annexation areas of the City through the following franchise agreements: (1) the franchise between the City and Fiorito Enterprises, Inc. and Rabanco Companies dba Kent-Meridian Disposat Campany approved by Ordinance 5619 on August 8, 2011; and (2) the franchise between the City and Rabanco, Ltd. approved by Ordinance 5618 on August 8, 2011. The Contractor agrees that: (1) the WUTC-based services and rates previously provided and charged to Customers in the two existing franchise areas shall be discontinued and replaced by the services and rates provided under this Contract effective the Date of Commencement of Service; (2) the Contractor waives any known and unknown claims arising out of or in connection with the termination of the previous franchises, including but not limited to any claims it may otherwise have under RCW 35A.14.900; (3) the Contractor agrees to pay Fiorito Enterprises, Inc. and Rabanco Companies any compensation due as a result of terminating the franchise agreement approved by Ordinance No. 5619, {4)the Contractar agrees to hold harmless,defend,and indemnify the City from any claims arising out of or connected to the termination of the franchises approved by Ordinance IVos. 5618 and 5619 and (4) the Contractor accepts this new Contract, and the rates provided for herein, as full and complete consideration for terminating the previous franchises. 7.20 Disputes Resolution The Parties shall attempt to resolve any and all disputes to the mutual satisfaction of both Parties by good faith discussions.Throughout the duration of a dispute, the Contractor shall continue providing all services included in this Contract. Disputes not resolved in accordance with other provisions of this Contract or through good faith discussions shall, within one (1)year of first notification of such dispute, be submitted to non-binding mediation before a mediator selected from a list of inediators acceptable to both Renton and the Contractor.All costs of inediation, including Renton's attorneys' fees and expert witness fees, shall be paid for by the Contractor. Neither party may initiate or commence legal proceedings prior to completion of the non-binding mediation. 7.21 Entirety This Contract and the attachments affixed hereto are herein incorporated by reference and represent the entire agreement or contract terms between Renton and the Contractor with respect to the services to be provided under this Contract. No prior written or oral statement or proposal shall alter any term or provision of this Contract. City of Renton 64 April,2016 Comprehensive Garbage,Recyclables,and Campostables Colledion Contract Ordinance No. 5801 WITNESS THE EXECUTION HEREOF on the day and year first herein above written. RABANCO LTD. CITY OF RENTON By gy Michael Huycke Denis Law, Mayor Attest: By Jason Seth,City Clerk Approved as to Form: By Lawrence J.Warren, Renton City Attorney Acknowledgement and acceptance by Fiorito Enterprises,Inc.and Rabanco Companies: Fiorito Enterprises, Inc. and Rabanto Companies hereby acknowledge and accept that this Contract between the Ciry of Renton and Rabanco Ltd.will effectively terminate and replace the franchise agreement that was authorized by City Ordinance No.5619 and agree to hold the City harmless from any claims, known and unknown,which arise out of such termination,including any claims that may exist under RCW 35A.14.900. FIORITO ENTERPRISES, INC. RABANCO,LTD. By gy Michael Huycke City of Renton 1 April,2016 Comprehensive Garbage,Recyclables,and Compasiables Collection Contract Ordinance No. 5801 ATTACHMENTS Attachment A:Service Area Attachment B: Contractor Rates Attachment C: Recyclables List Attachment D: Rate Modification Example Attachment E: Litter Receptacles List City of Renton 1 Enter Date Here Attachments Ordinance No. 5801 ATTACHMENT A: Service Area � � � O�tlinane�Num6er pnnewuan9aame Mneaa>onbase 'CantraccEsp�ranon f.'.2 G,i��C f i�:�j}1: ?r$�1A �8.i un.�.�+eYt.rc�� a:•20�2 1`s�.2Ui9 � f� � � �, Y ,..�. �. N � ,✓ � ���� � .. , •� ., �'�� i .. �.', , . � � � ; `•.., 4� � . � —'�"NR � p. l�`�� _ � � �`i .�_.__,..,,� t, f J •� � �*i ` , � \ �\ !.0 ; �` ,* ��� ,��`'.. ` � •. t. : { 7r—..i � - �.... �-� ��� � r� Y{ � ? ' `� � �_... ! ,�_ � , ...�`� ' ° i __ ' ; ! ''' � ) � ... , � � � ; � � $ � ��,, a � , ! � i : m "�:t,_ T ^^^---��� � 1...._..�. _. .:A-'_*J'L"""_e_ _. -...... '1Ca..7"� ` rj��� _L.»:t_ '�.._. . � +-<..r.,..! .,,. ' � , f j� + 1:..�,P°"�'f:Ja .1_,.3 , ,..� , ._..._. : 7'^! ���...; , �� - "t.,....� . '.iY i si,.... � � " �.,.. _ � '' � � ',�'�,�„-"T -} .�. �.,, '�,.. _ ---_,__ ,..'� ,�� _'�''. �' " < � � �-i + ~.._...-- _ ; `,� � i ' ,�ti, w. '".�.�.:,�, :. � ' � � -- 565� �'� i , •-,i l � i—- ._ � � � 563� ..��� �.�...,..�_,�. ' ' �' i — ? , i � � �----__.— ;« • `r-_.., � ' � .� : � ' 1 � , t.. � ! ��' _ � __ _.-~:...,�•��-. � t � --' -:...:.....,....._... . — � � �, r �, . � � �..--_ ' � i"' �'Republic Services �� � ' �r � ��.-� Pickup Area � � : � ` ----'Waste Management I � ? ^. + T w� �q I i ' Annexation Areas� , . . . �^ . . . '; �... . `� � `---=f _._.. a������N� � ���� ��� Solid Waste Providers u-�=�M.�,���,r�� �,�� � v:��,�...� �.,�..�...,� City of Renton 1 April 2016 Or�inance No. 5�801 ��►�a����u���� Contractor Ftates(Initial Year) {Manthly Rate Unless Otherwise 5pecified� Total � Coliectian � Service i.eve) Fee EaW �One 20-gallon Garbage Cart � $ 17.33 _ Residential �1 35-gallon Garbage Cart � $ 18.27 Cu�hside 145-gallon Garbage Cart ( $ 18.54 Service 1 60/64-galion Garhage Cart ( $ 19.20 190/96-gallon Garbage Cart � $ 21�04 �Extras(iS gailon equivalent) � $ 3.00 �Miscellaneous Fees: � Surcharge far weekly collection(per month) ( $ 8,60 Extra compastabies cart rental � $ 1.�5 Drive-in Gharge, per month � $ 6.00 Overweight/Qversize container(per p/u) � $ 3.00 Rede{ivery of one ar rnore cantainers � $ 10.00 Cart Cleaning(per cart per deaning) ( $ 10.00 Sunken Can Surcharge per month, Roll-out fee also appliesi $ 7.50 On-Call Non-GFC Containing Large Appliances("white goads"),per( $ 20.00 Bulky RefrigeratorsJFreezersJAir Canditioners per item 1 $ 30.00 Waste 5afas, Chairs, per ikem + $ 20�do Caliectian Mattresses, Boxsprings,per item � $ 20.OD Weekly One 20-gallan garbage Cart � $ 11.25 Cammerctat 1 32J35-gallon Garbage Cart � $ 11.25 Can and 1 A5-gailon Garbage Cart � $ 13.56 Ca�t 1 60J64-gallon Garba�e Cart � $ 13.56 �19Q/9b-gallon Garbage Cari � $ 16.20 Extras(32-gailon equivalent) � $ 3.00 Anciltary Fees: � Weekly 64-gal Cart Yard DebrisjFoodwaste service i $ 48.Od Return Trip � $ 6•a� . Rall-nut Charge, per addkn'125 ft,per cart,per p/u � $ 1.50 Redelivery of containers � $ 50.00 �Cart Cteaning(per cart per cieaning} � $ 20.00 Event Services(3 carts,one far each stream,per day} � $ 25A0 Weekly �2 CubicYard Container � $ 87.33 Cammerciai 1.5 Cu6ic Yard Cantainer � $ �z�•�� Detachable 2 Cubic Yard Container � $ 141.77 Can#ainer 3 Cubic Yard Container � $ 207�7$ (campacted) �Cubic Yard Container � $ 2�4�27 6 Cubic Yard Container � S a06•18 Qr i ance No.5801 nrnent o Cantractc�r Rates(lnitial Year) (Monthly Rate Unless Otherwise Specified) Commercia� 1 Cubic Yard, 1 pickup/week ( $ 38,72 Detachab)e 1 Cubic Yard,2 pickups/week � $ 77.44 Cantainer 1 Cubic Yard,3 pickupslWeek � $ 116.16 (loose} 1 Cubic Yard,4 pickups/week � $ 154.88 1 Cubic Yard, 5 pi�kups/week � $ 193.60 1.S Cubic Yard, 1 pickupfweek � $ 53.94 1.S Cubic Yard, 2 pickups/week � $ 107.98 1.5 Cubic Yard,3 pickupsJweek ( $ 161.97 1.5 Cubic Yard,A pickups/week , $ 215.96 1.5 Cu6ic Yard,5 pickups/week � $ 269.95 2 Cubic Yard, 1 pickups/week � $ 67.19 2 Cubic Yard,2 pickupsJweek ` $ 134.38 2 Cubic Yard,3 pickupsJweek � $ 20LS7 2 Cubic Yard,4 pickupsfweek ' $ 268.76 2 Cubic Yard, 5 pickupsJweek � $ 335.95� 3 Cubic Yard, 1 pickupJweek � $ 96.fJ5 3 Cubic Yard, 2 pickupsJweek � $ 192.10 3 Cubic Yard,3 pickups/week � $ 288.15 3 Cubic Yard,4 pickupsJweek � $ 384.2� 3 Cubic Yard, 5 pickupsjweek � $ ��fl•z5 4 Cubic Yard, 1 pickup/week � $ 124.71 4 Cubic Yard,2 pitkupsjweek � $ ���•4� 4 Cubic Yard, 3 pitkups/week � $ �1�,Z3 4 Cubic Yard,4 pickups/week � $ 498.84 4 Cubic Yard, 5 pickupsJweek � $ 623.55 6 Cubic Yard,l pickupjweek ( $ 1T8.81 6 Cubic Yard,2 pickupslweek � $ 357.62 6 Cubic Ya�d,3 pickupsJweek � $ 536A3 6 Cubic Yard,4 pickupsf week � $ 715.2�1 6 Cubic Yard,5 pickups/week � S $��.�� 8 Cubic Yard, 1 pickupJweek � $ 231.62 8 Cubic Ya�d,2 pickupsJweek � $ ���.72 8 Cubic Yard,3 pickupsJweek � $ 694.83 8 Cubic Yard,4 pickups/week � $ 926.44 8 Cubic Yard,S pickupsJweek � $ 1,158.05 Extra loase cubic yard in cantainer,per pickup E $ 10.C3{l Extra lor�se cubic yard on ground, per pickup � S 24.00 ( Detachable Container Anci!!ary Fees(pe�occurancej. � Stand-by 7ime (per minute} � $ 2.60 Container Cleaning(per yard of cantainer size) � $ 1Q.00 Rede4ivery of Containers � $ 24•�� Return Trip � $ 10.00 Attachment S Contractor Rates{lnitial Year) (Monthly Rate Unless Otherwise Specified) Dai#y Manthiy De�ivery Naul Service Level{based on pick ups� � Rent Rent Charge Charge Commerdal Nan-compacted 10-15 eubic yard Drop-box{1 customer} � $ 2.97 $ 89.00 $ 75•Ot3 $ 16S•{30 Drop-6ox Non-compacted 20 cubic yard Drop-bax{22 customers) � $ 2•9� $ 89•00 $ 75.Oa S ���•� Collectian Non-compacted 25 cubic yard Drap-box{0 custamers} � $ 2.97 $ 89.00 $ �5.0{� $ 165•00 Non-compacted 3t3 cubic yard Qrop-box( 12 customers) � $ 3.27 5 98A0 $ �5.00 $ ��5.00 iVon-carrspacted 40 cubic yard Drop-box( 17 customers} � $ 3.2� $ 98.00 $ T5.00 $ 175.00 Compacted 15 cubic yard �rap-box{I customer) � $ 75.00 $ 180.00 Compacted 20 tubic yard Drop-box(23 customers) S ?5.00 $ 180.Q0 Compacted 25 cubic yard�rap-box{0 customers} $ ?5.00 $ 18L1.00 I Compacted 30 cubic yard Ltrop-box(31 customers) $ 75A0 5 195.Q0 Compacted 40 cubic yard Drop-box(6 customers) $ 75.00 $ 195.00 O � �. �' � � A ro Z O (.f7 UQ O F-� i I Attachment B Contractor Rates(initiai Year) �Montfiiy Rate Unless C3therwise Speci�ed} Haui Service Level Charge 2 Yard detachable Container � $ 38,00 Temporary 4 Yard detachable container � $ 68.OQ Collection 6 Yard detachable container � $ 95.00 Hauli»g 8 Yard detachable cc�ntainer � ( � ?�5•�� Non-campacted 10-40 cubic yard Drop-#vx � � $ 180.00 Delivery Qaily Monthly Service l.evel Fee Rental Rentai ' Temporary 2 Yard detachable container 5 SSAO $ 1.75 $ 52.50 � Coilection 4 Yard detachable container $ 55.4p � $ 2.OQ $ 60-00 Container 6 Yard detachahle container $ 55.00 ( $ 2.25 $ 67.50 � � Rental 8 Yard detachabie container $ 55.00 � $ 2.50 $ 75.q0 �� and Delivery Nan-compacted 10-40 cubic ya�d Drnp-box $ 75A0 � $ 3.77 $ 113.10 � t'f � � � Orop-bax Ancillary Fees � Per Event a Return Trip � $ 25.00 � Stand-by Time(per minute) � $ 1.60 � Container cieaning(per yard of container size) � S �a�«7 Drop-box directed ta other facility(per ane-way mile) � $ 3.Op Sofid Lid on drap-box(additionai rental fee per manth f � $ 75.00 Drop-6ax turn araund charge � $ 1�•Qp � Service � Per Hour Nourly RearjSide-ioad packer+d�iver I $ g���"� Rates Front-laad packer+driver � $ �g•74 Qrop-box Truck+driver � $ �'��74 Additionai Labor(per person} 1 $ 60•00 ATTACHMENT C- RECYCLA8LE5 LIST .. - . . . , Aluminum-all clean aluminum cans,clean aluminum foil,trays,"pie X Place in recycling Container. tins,"and dean aluminum food containers. Appliances(large)-refrigerators,freezers,stoves,dishwashers, X Call to request pick-up. 3 total per household during contract life. clothes washing machines or dryers,water heaters. Limited to Single-Family households. Appliances(small)-microwave ovens,toaster ovens X Cai!to request pick-up. Limited to Single-Family househofds. Fluorescent Tubes and Bulbs X Wrap tubes in newspaper and secure with tape.Mark Limit:2 tubes per collection,10 tubes per "Fluorescent Tubes."Piace buibs in a sealed bag.Place next year.Tubes must be no longer than 4'. to recyciing Container. Limited to Single-Family households. Glass Containers-All colored or ciear jars and boitles that are rinsed X Empty,remove lids and place in recycling Container. and have lids removed. Household Batteries-all alkaline,button,and rechargeable batteries. X Place rechargeable and non-rechargeable batteries in Limited to Single-Family households. separate,sealed clear bags.Set on top of recycling Container. Paper-all clean mixed paper,colored paper,newsprint,magazines, X Pface in recycling Container. phone books,catalogues,and advertising supplements delivered with ' newspapers. � Paper Containers-all empty paper cups used for soda or coffee,and X Empty,place in recycling Container. " empty paper food cartons used far milk,juice,soy,or soup. O Piastic Bags and Films-ali clean,dry piastic shopping or produce X Place all piasiic bags and fiim inside of one bag and tie to Contaminated plastic bags,such as cheese �: bags,and plastic films contained within a plastic bag. secure. and meat wrappers,bags with paper labels, � and bags with food or other residues are � excluded. � �D Plastic Containers-All plastic bottles,jugs,tubs,lids>3", and X Empty,place in recycling Container. Plastic bottles,jugs,tubs,or containers that Z containers,including plastic drink cups,ciamsheli take-out containers, have contained hazardous or toxic products, � food containers and trays,and piant pots,which have been rinsed. such as motor oll w pesticides,are excluded. cn � Polycoated CaRons and Boxes-all plastic coated cartons,beverage X Flatten.Place in recycling Container or bundle and place next � cups,and boxes. to recyciing Container. Rigid Piastics-all 5-gallon buckets,PYC pipes,laundry baskets, X X Place items in recycling Cart,or naxt to recycling Cart.One Cail to collect large(i.e.,ail dimensions are> plastic lawn fumiture,Big Wheels,coolers,and Nalgene bottles. Large dimension of the object must be<2'. 2')items. Limited to Single-Famiiy Items households. Scrap Metal-all ferrous and non-ferrous scrap metai,including lids> X X Small Items:Place in recycling Container or secure(e.g., Smali Items:less than 2'and 601bs.Less 3",that are free of wood,plastic,rubber,and other contaminants. Large bundle,box)next to recycling Container. than 596 non-metal components. Large Items large Items:Caii to request pick-up. Items:Call to collect large(i.e.,at least one dimension is<2')items Tin cans-al!Gean food and beverage tin cans,and tin lids>3". X Place in recycling Container. Used Cooking Oii(FQG) X X Seai uncontaminated ai(no large solids)in clean,clear, Limit:3 galions per pick-up. screw-top plastic jugs.Label jugs with name and address and Limit:10 gallons per year. place neut to recycling Container. Limited to Single-Family households. Wood sCraps X Clean,unpainted untreated wood,pfywood,pallets, Limited to Singie-Family households. dimensionai lumber and crates;some metal fittings and nails allowed. Material must be placed in a cardboard box next to the recycling container and labeled Wood Waste. Ordinance No. 5801 ATTACHMENT D: Rate Modification Example The Contractor rates listed in Attachment B shall be adjus#ed annually, as follows: Contractor Fee Adjustment The Contractor service fee listed in Attachment B wil! be increased or decreased by the amount of the CPI change: NCF=PCF x [1+((�nCPI-oCPI)/oCPI))] Where NCF = The new Contractor service fee for a particular service level; and PCF = The previous combined Contractor service fee for a particular service level; and nCPI = The most recent lune CPI value;and oCPI = 7he CPI value used for the previous rate adjustment or, in the case of the first contract adjustment, the CPI value reported at the end ofJune 2016. For example, using an initial one 35-gallon cart rate of $18.27 per month: if the previous CPI is 143.2, the new CPI is 144.3 the lanuary 2018 Contractor fee for one 35- gallon cart per every-other-week Residential Curbside Garbage service would be: (144 3-143 2} New Contractor Fee=$18.27 x[1+----------------]_$18.41 (143.�) City of Renton 1 Apri12016 Ordinance No. 5801 ATTACHMENT E: l.itter Receptacles List � TQTAt.CAN COUNT � 73 � � � ADDRE55 � #OF CANS � TYPE t3F CAN � � 200 2nd Street i 2 � Green MetaiJBlack Metal � j 300 S 2nd Skreet � 1 � Green Metal � � 420 S 2nd Street 1 � Green Metai � 700 S 2nd Street � 1 � Green Metal � 107 S 3rd Street � 2 � Green Metal/Black Metal � 108 5 3rd Street � 1 � Green Metal ( 309 S 3rd Street ! 1 � Green Metal � 316 S 3rd Street � 1 � Green Metal � 317 S 3rd Street ( 1 � Green Metal � 327 S 3rd Street � 1 ( Green Metal 4QQ S 3rd Street � 1 � Green Metal � 413 S 3rd Street } 1 � Green Metal � _ _ Green Metal � 504 S 3rd Street � 1 � � 5Q5 S 3rd Street � 1 � Green Metai � � 629 5 3rd Street � 1 � Green Meta) � � 71?S 3rd Street j 2 � Green Metal f �20 S 3rd Street � 1 � Green Metai � 800 5 3rd Street � 2 � Green Metai V _ � 801 S 3rd Street � 1 � Green Metal � 825 S 3rd Street � 1 � Green Metal � � 900 S 3rd Street ( 1 � �reen Metal � � 909 S 3rd Street � 1 � Green Metal � � 91�S 3rd Street � 1 � Green Metal � i 918 S 3rd Street � 1 � Green Metal � � 201 Welis Ave S ( 1 � Green Metal � � 215 Wells Ave S ( 1 � Green Metal � � 216 Wells Aue S ( 1 � Green Metal � � 22S Welis Ave S � 1 � Green Metal � � 214 Williams Ave S � 1 ( Green Meta! � � 3Q1 Williams Ave S � 1 � Green Meta( � ( 324 Williarns Ave S j 1 � Green Metal � 221 Main Ave S � 1 � Green Metal � 224 Main Ave S � 1 � Green Metal � 225 Main Ave S ( 1 � Green Metak ( 3Q0 Burnett Ave S ( 1 � 8lack Meta1 � � 340 Burnett Ave S ( 2 � Biack MetaiJGreen Metai City of Renton i April 2016 Ordinance No. 5801 � ADaRESS � #OF GANS � TYPE OF CAN � � 357 Burnett Ave S � 3 � B1ack Metaf � 235 Mi(f Ave S ( 1 � Black Metal � � 320 Shattuck Ave S � 1 � Green Metal � 815 Edmonds Ave NE � 1 � Green Metal � � 431 Rainier Ave S � 1 � Black Metal � � Rainier Ave 5 &S 3rd Street 1 1 � Black Metal � � Rainier Ave S&SW Sunset � 2 � Black Metal � � Rainier Ave S&SW Grady Way � 2 ( Black Metal ( 1305 3rd Pl � 1 � Green Meta! ' ( 919 Harrington Ave NE � 1 � Green Metal � 960 Harrington Ave NE ( 1 ( Green Metal 535 Garden Ave S � 1 � Green Meta! 3041 NE lOth Street � 1 � Green Metal 3215 NE 12th Street � 1 � Green Metal � 3001 NE 16th Street � 1 f Green Meta! � � 1 NE 12th & Kirkland � 1 � Green Metai � � 2 NE 4th& Monroe ( 1 ' Green Metal � ( NE 7th & Harrington � 1 � Green Meta! � � NE 9th& Harringtan � 1 � Green Metal � i S 3rd Pl &Shattuck � 1 � Green Metal � � Renton Transit Center � 12 f Black Metal � City of Renton 2 Apnl 2016