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HomeMy WebLinkAboutContract CAG-16-082 COMPREHENSIVE GARBAG E, RECYCLABLES, AN D COMPOSTABLES COLLECTION CO NTRACT City of Renton and Rabanco Ltd., dba Republic Services of Kent February 1, 2017 — March 31, 2027 -.�„'"'r`,. ____ CITY t3F �� �� �� .�� Comprehensive Garbage, Recyclables, and Compostables Collection Contract Table of Contents RECITALS ............................................................................................................................................1 AGREEMENT.......................................................................................................................................1 DEFINITIONS.......................................................................................................................................2 2.CONTRACTOR REPRESENTATIONS AND WARRANTIES.......................................................................6 3.SCOPE OF WORK.............................................................................................................................7 3.1 GENERAL COLLECTION SYSTEM REQUIREMENTS..............................................................................................7 3.1.1 Service Area...................................................................................................................................7 3.1.2 Annexation....................................................................................................................................7 3.1.3 Service to Residences on Private Roads and Driveways................................................................7 3.1.4 Hours/Days of Collection...............................................................................................................8 3.1.5 Employee Conduct.........................................................................................................................8 3.1.6 Disabled Persons Service...............................................................................................................9 3.1.7 Holiday Schedules..........................................................................................................................9 3.1.81nclement Weather........................................................................................................................9 3.1.9 Suspending Collection from Problem Customers.........................................................................10 3.1.10 Missed Collections.....................................................................................................................11 3.1.11 Same Day Collection..................................................................................................................11 3.1.12 Requirement to Recycle and Compost and Quality Assurance..................................................11 3.1.13 Routing, Notification and Approval...........................................................................................12 3.1.14 Vehicle and Equipment Type/Age/Condition/Use.....................................................................13 3.1.15 Container Requirements and Ownership..................................................................................15 3.1.15.1 Garbage,Recyclables,and Compostables Carts................................................................................................15 3.1.15.2 Oetachable Containers and Drop-box Containers.............................................................................................16 3.1.15.3 Ownership..........................................................................................................................................................17 3.1.15.4 Container Colors and Labeling...........................................................................................................................17 3.1.15.5 Container Weights..............................................................................................................................................18 3.1.15.6 Container Removal Upon Renton's or Customer Request................................................................................18 3.1.16 Inventory of Vehicles and Facilities...........................................................................................19 3.1.17 Spillage......................................................................................................................................19 3.1.18 Pilot Programs............................................................................................................................19 3.1.19 Disruption Due to Construction.................................................................................................20 3.1.20 Contractor Planning and Performance Under Labor Disruption...............................................20 3.1.21 Site Planning and Building Design Review................................................................................22 3.1.22 Safeguarding Public and Private Facilities................................................................................22 3.1.23 Transition and Implementation of Contract..............................................................................22 3.1.24 Hiring Preference.......................................................................................................................23 3.1.25 Performance Review..................................................................................................................23 3.1.26 Continual Monitoring and Evaluation of Operations................................................................24 3.1.27 Collection/Disposal Restrictions................................................................................................24 3.1.28 Direct Disposal Payment...........................................................................................................25 3.1.29 Emergency Response.................................................................................................................25 3.2 COLLECTION SERVICES..............................................................................................................................25 3.2.1 Single-Family Residence Garbage Collection...............................................................................25 City of Renton ii April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract Comprehensive Garbage, Recyclables, and Compostables Collection Contract Table of Contents 3.2.1.15ubject Materials.................................................................................................................................................25 3.2.1.2 Containers............................................................................................................................................................26 3.2.1.3 Specific Collection Requirements........................................................................................................................26 3.2.2 Single-Family Residence Recyclables Collection..........................................................................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-Fami/y Residence Compostables Collection......................................................................28 3.2.3.1 Subject Materials.................................................................................................................................................28 3.2.3.2 Containers............................................................................................................................................................28 3.2.3.3 Specific Collection Requirements........................................................................................................................29 3.2.4 Multifamily Complex and Commercial Customer Garbage Collection........................................29 3.2.4.1 Subject Materials.................................................................................................................................................29 3.2.4.2 Containers............................................................................................................................................................29 3.2.4.3 Specific Collection Requirements........................................................................................................................30 3.2.5 Multifamily Complex and Commercial Recyclables Collection....................................................30 3.2.5.15ubject Materials.................................................................................................................................................30 3.2.5.2 Containers............................................................................................................................................................30 3.2.5.3 Specific Collection Requirements........................................................................................................................31 3.2.6 Multifamily Complex and Commercial Customer Compostables Collection...............................31 3.2.6.1 Subject Materials.................................................................................................................................................31 3.2.6.2 Containers............................................................................................................................................................31 3.2.6.3 Specific Collection Requirements........................................................................................................................32 3.2.7 Drop-Box Container Garbage Collection.....................................................................................32 3.2.7.1 Subject Materials.................................................................................................................................................32 3.2.7.2 Containers............................................................................................................................................................32 3.2.7.3 Specific Collection Requirements........................................................................................................................32 3.2.8 Temporary(Non-EventJ Container Customers............................................................................33 3.2.9 Special Event Services..................................................................................................................33 3.2.10 Renton Services.........................................................................................................................33 3.2.11 Renton-Sponsored Community Events......................................................................................34 3.2.12 On-call Bulky Waste Collection..................................................................................................35 3.2.13 Excluded Services.......................................................................................................................36 3.3 COLLECTION SUPPORTAND MANAGEMENT......................................................................................36 3.3.1 General Customer Service...........................................................................................................36 3.3.2 Specific Customer Service 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 3.3.2.4 Handling of Customer Calls..................................................................................................................................38 3.3.2.5 Corrective Measures............................................................................................................................................38 3.3.2.6 Contrector Internet Website................................................................................................................................39 3.3.2.7 Full Knowledge of Garbage,Recyclables,and Compostables Programs Required.............................................39 3.3.2.8 Customer Communications..................................................................................................................................40 3.3.2.9 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 3.3.4.2 Annual Reports.....................................................................................................................................................44 3.3.4.3 Ad Hoc Reports.....................................................................................................................................................45 3.3.4.4 Other Reports.......................................................................................................................................................45 City of Renton iii April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract Comprehensive Garbage, Recyclables, and Compostables Collection Contract Table of Contents 3.3.5 Promotion and Education............................................................................................................45 4.COMPENSATION ...........................................................................................................................47 4.1 COMPENSATION TO THE CONTRACTOR........................................................................................................47 4.2 COMPENSATION ADJUSTMENTS.................................................................................................................48 4.2.1 Annual CPI Modification..............................................................................................................48 4.2.2 Changes in Disposal or Compostables Processing Sites..............................................................48 4.2.3 Other Modifications....................................................................................................................49 4Z.4 New or Changes in Existing Taxes...........................................................................................................................49 4.2.5 Changes in Service Provision...................................................................................................................................50 4.3 CHANGE IN LAW......................................................................................................................................50 4.4 COMPENSATION ADJUSTMENTS APPROVAL.................................................................................................50 5. FAIIURE TO PERFORM, REMEDIES,TERMINATION..........................................................................50 5.1 PERFORMANCE FEES................................................................................................................................51 S.2 CONTRACT DEFAULT................................................................................................................................53 6. NOTICES........................................................................................................................................54 7.GENERALTERMS...........................................................................................................................55 7.1 COLLECTION RIGHT..................................................................................................................................SS 7.2 ACCESS TO RECORDS................................................................................................................................55 7.3 I NSU RANCE.............................................................................................................................................56 7.3.1 Minimum Scope of Insurance......................................................................................................56 7.3.2 Minimum Amounts of Insurance.................................................................................................57 7.3.3 Other Insurance Provisions..........................................................................................................57 7.3.4 Acceptability of Insurers..............................................................................................................58 7.3.5 Verification of Coverage..............................................................................................................58 7.3.6 Subcontractors............................................................................................................................58 7.4 PERFORMANCE BOND..............................................................................................................................58 7.5 INDEMNIFICATION ...................................................................................................................................58 7.5.1 Indemnify and Hold Harmless.....................................................................................................58 7.5.2 Industrial Insurance Immunity Waiver........................................................................................59 7.6 CONFIDENTIALITY OF INFORMATION...........................................................................................................59 7.7 ASSIGNMENT OF CONTRACT......................................................................................................................59 7.7.1 Assignment or Pledge of Money by the Contractor....................................................................59 7.7.2 Assignment,Subcontracting, Delegation of Duties.....................................................................60 7.7.3 MERGER OR SALE OF CONTRACTOR OPERATIONS......................................................................................60 7.8 LAWSTO GOVERN�VENUE........................................................................................................................60 7.9 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS .............................................................................60 7.10 PERMITS AND LICENSES..........................................................................................................................61 7.11 RELATIONSHIP OF PARTIES......................................................................................................................61 7.12 CONTRACTOR�S RELATIONSHIP WITH CUSTOMERS.......................................................................................62 7.13 BANKRUPTCY........................................................................................................................................62 7.14 RIGHTTO RENEGOTIATE�AMEND.............................................................................................................62 7.15 FoRCE M�EURE...................................................................................................................................62 7.16 ILLEGAL PROVISIONS..............................................................................................................................63 7.17 W,4�vER...............................................................................................................................................63 City of Renton iv April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract Comprehensive Garbage, Recyclables, and Compostables Collection Contract Table 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 ENTIRETv.............................................................................................................................................64 ATTACHMENTS. 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,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract The Parties, in consideration of the promises, representations, and warranties contained in this agreement and the RFP,agree as follows: RECITALS WHEREAS, Renton has conducted a competitive process to select a contractor to provide 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 participated in the competitive process, acknowledges that Renton had the right at any time during the process to reject any or all of the competitors, regardless of their proposals or prices; and WHEREAS, having completed the competitive process, Renton has selected the best candidate to provide the services outlined in the competitive process; and WHEREAS, the Contractor represents and warrants that it has the experience, resources, and expertise necessary to perform the services as requested in the competitive process; and WHEREAS, Renton desires to enter into this Contract with the Contractor for the services outlined in the competitive process and included below; NOW, THEREFORE, in consideration of the mutual covenants, agreements, and promises herein contained, Renton and Contractor do agree as follows: AGREEMENT This Comprehensive Garbage, Recyclables, and Compostables Collection Contract (hereafter, "Contract") is made and entered into this day of , 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 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract DEFINITIONS Billing 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 Compostables. 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 ownership that transfers SO%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: Rabanco Ltd., dba Reaublic Services of Kent, which has contracted with Renton to collect, transport, and dispose of Garbage, and to collect, process, market, and transport Recyclables 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 mutually agreed to by Renton and Contractor. City of Renton 2 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract Customer: All City of Renton users of the Contractor's services provided as provided by this Contract, 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. Day/Days:Calendar days unless 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. Extra Unit: Excess material that does not fit in the Customer's primary Container. In 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 produce, meats, bones, cheese, bread, cereals, coffee grounds, or egg shells, and food-soiled paper, such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, or other paper 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 to, 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 upon 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 Compostables. City of Renton 3 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract Garbage Can:A Container that is a water-tight galvanized 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 or unknown, defined or identified as such in any existing or future local, state, or federal law, statute, code, ordinance, rule, regulation, guideline, decree, or order relating to human health or the environment or environmental conditions, including but not limited to any substance that is: A. Defined as hazardous by 40 C.F.R. Part 261.3 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act("RCRA")of 1976,42 U.S.C. § 6901 et seq•, as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq•; or any other federal statute or regulation governing the treatment, storage, handling, or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA; B. Defined as dangerous or extremely hazardous by 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 similar 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 owned, 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. City of Renton 4 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract Recycling: The preparation, collection,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 refer to 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, leased 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 Contingency Plan: The plan the Contractor will develop pursuant to Section 3.1.20 of this Contract. Transition and Implementation Plan: The plan that the Contractor will 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. Materials 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. 1. TERM OF CONTRACT The Term of this Contract is ten (10) years and two (2) months starting on the Date of Commencement of Service. 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 Collection Contract 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 shall 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. CONTRACTOR 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 Authorizations and Consents. The Contractor has or will obtain at its sole cost prior to the Date of Commencement of Service any such licenses, permits, and other authorizations from federal, state, and other governmental authorities, as are necessary for the performance of its obligations under this Contract. • Compliance with Laws. 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. • Accuracy of Information. None of the representations or warranties in this Contract, and none of the documents, statements, reports, certificates, or schedules furnished or to be furnished by the Contractor pursuant to this Contract or in connection with the perFormance of the obligations contemplated under this Contract, at any time contain or will contain untrue statements of a material fact or omissions of material facts. • Independent Examination. In accepting these responsibilities, the Contractor represents and affirms that it has 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 location of all Containers.The Contractor represents and warranties that it is capable of continuing to collect all 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. City of Renton 6 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract 3. SCOPE OF WORK 3.1 General Collection 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 out of the cancellation of any pre-existing permit or franchise held by the Contractor prior to annexation, and further specifically waives the right to receive any additional compensation or any rights of collection in the newly annexed territory. The term during which the Contractor 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. Drive-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 impractical due to City of Renton 7 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract distance or unsafe conditions, the Contractor may request that Renton evaluate on-site conditions and make a determination of the best approach for providing safe and appropriate service to the Customer. Renton's determination shall be final, provided that the Contractor shall not be required to endanger workers, equipment,or property. If the Contractor believes that there is a probability of Private Road or Driveway damage,the Contractor shall inform the respective Customer(s) and may require a road damage waiver agreement in a form previously approved by Renton. In such event, if the Customer(s) refuse to sign such a road damage waiver, the Contractor may decline to provide service on those Private Roads or Driveways, and the Customer(s) will only be serviced from the closest Public Road access. Such determination that damage is probable must be approved in writing by Renton prior to any action or refusal of service by the Contractor. 3.1.4 Hours/Days of Collection All collections from Single-family Residential Customers and Residential zones, including mixed-use areas shall be made between the hours of 7:00 a.m. and 5:00 p.m. on a consistent weekday, unless Renton authorizes a temporary extension of hours or days. Same-day make-up collections for customers notifying the Contractor of a missed collection by 4:00 p.m. may be performed until 8:00 p.m. Saturday collection is allowed to the extent consistent with missed collection recovery, holiday and inclement weather schedules. All collections from Commercial Customers may be made between the hours of 5:00 a.m. and 6:00 p.m. provided that service to those Customers shall neither disturb Residential Customers in adjoining Residential zoned areas, nor violate the noise provisions of the Renton Municipal Code, as amended. Collections from Commercial Customers within audible distance of Residential Customers shall be made only between the hours of 7:00 a.m. and 6:00 p.m., and no earlier than 9:00 a.m. on Saturday. Exemptions to the hour requirements may be granted in writing in advance by Renton to accommodate the special needs of Commercial Customers where allowed by the Renton Municipal Code. Renton's noise ordinance,as amended, may further restrict these terms and hours of collection. 3.1.5 Employee Conduct The Contractor's employees collecting Garbage, Recyclables, or Compostables shall at all times be courteous, refrain from loud, inappropriate or obscene language, exercise due care, perform their work without delay, minimize noise, and avoid damage to public or private property. If on private property, Contractor employees shall follow the regular pedestrian walkways and paths, returning to the street after replacing empty Containers. Contractor employees shall not trespass or loiter, cross flowerbeds, hedges, or property of adjoining premises, or meddle with property that does not concern them or their task at hand. While performing work under the Contract, Contractor employees shall wear a professional and presentable uniform with an identifying badge with photo identification and company emblem visible to the average observer. At Renton's option and direction, Contractor employees shall work with groups or organizations, such as neighborhood community organizations, homeowner associations, or Renton's Utilities, Police, or Fire Departments, for training to recognize and call the appropriate agency when suspicious activities are observed. City of Renton 8 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract If any person employed by the Contractor to perform collection services is, in the opinion of Renton, incompetent,disorderly, or otherwise unsatisfactory, Renton shall promptly document the incompetent, disorderly,or unsatisfactory conduct in writing and transmit the documentation to the Contractor with a demand that such conduct be corrected. The Contractor shall promptly investigate any written complaint from Renton regarding any unsatisfactory performance by any of its employees and take immediate corrective action. If the offending conduct is repeated, Renton may require that the person be removed from all performance of additional work under this Contract. The Contractor shall remove the employee from Contract work immediately. 3.1.6 Disabled Persons Service The Contractor shall provide carryout service for Garbage, Recyclables, and Compostables to Single- Family Residence Customers in cases where no household member has the ability to place Containers at the Curb, at no additional charge. 3.1.7 Holiday Schedules The Contractor shall observe the same holiday schedule as the King County Transfer Stations (typically New Year's Day, Thanksgiving Day, and Christmas Day). When those holidays fall on a regular collection day, the Contractor shall reschedule the remainder of the week of regular collection to the next succeeding business day, which shall include Saturdays. The Contractor may not collect Single-Family Residence and Multifamily Complex Garbage, Recyclables, or Compostables earlier than the regular collection day due to a holiday. Commercial collections may be made one (1) day early only with the consent of the Commercial Customer. Holiday scheduling information shall be included in written program materials, on the Contractor's web site, and by press releases to general news media in the Renton area by the Contractor the week prior to the holiday affecting service. 3.1.8 Inclement Weather The Contractor shall provide all collection services unless weather conditions are such that continued operation would result in danger to the Contractor's staff, area residents, or property. In that event,the Contractor shall 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 served by 6:00 a.m. on the same business day. Once Contractor vehicles are on-route, areas intentionally missed due to hazardous conditions and not previously reported to Renton, shall be approved by a route supervisor and reported to Renton not later than 12:00 p.m. (noon) on the same business day. The Contractor shall coordinate missed collection areas so that Customers either have all or none of their materials collected to avoid Customer complaints and calls. The Contractor shall provide automated notification calls, texts or e-mails (at Customers' preference) to all missed Customers by 3:00 p.m., including information about when their next collection is expected. City of Renton 9 April,2Q16 Comprehensive Garbage,Recyclables,and Compostables Colledion Contract If any collection is interrupted by inclement weather, then the Contractor shall provide a makeup collection as follows: • Every-Other-Week Single-Family: All Garbage, including Premium Weekly Service and Recyclables, shall be collected on the Saturday immediately following the interrupted collection day(s). • Weekly Single-Family: Compostables shall be collected on the regular collection day following the interrupted collection. • Multifamily: Collection shall be made as soon as the Contractor is able to do so without danger to life or property, including Saturday collection. • Commercial: Collection shall be made as soon as the Contractor is able to do so without danger to life or property, including Saturday collection. • Drop-Box: Collection shall be made as soon as the Contractor is able to do so without danger to life or property, including Saturday collection Following notification to Renton, the Contractor will be provided temporary authorization to perform collection services after 5:00 p.m. and/or on Saturdays following disruptions due to weather in order to finish collection routes. If inclement weather interrupts collection services more than one week and beyond the Contractor's ability to safely provide makeup collections consistent with the provisions outlined above, the Contractor will meet with Renton to discuss alternate plans to collect all streams of material for all Customers. The Contractor shall implement the agreed upon plan upon the approval of Renton. It shall be the Contractor's responsibility to provide all customer outreach regarding the interrupted service and the Contractor's plans for providing collection of Customer materials. Weather policies shall be included in program information provided to Customers and on the Contractor's city-specific webpage. On each inclement weather day, the Contractor shall release notices to local newspapers and radio stations notifying residents of the modification to the collection schedule. 3.1.9 Suspending Collection from Problem Customers Renton and Contractor acknowledge that, in rare cases, some Customers may cause disruptions or conflicts that make continued service to that Customer unreasonable.Those disruptions or conflicts may include, but not be limited to, repeated damage to Contractor-provided containers, repeated suspect claims of timely set-out followed by demands for return collection at no charge, repeated unsubstantiated claims of Contractor damage to a Customer's property, or other such problems. The Contractor shall make every reasonable effort to provide service to those problem Customers. However, the Contractor may deny or discontinue service to a problem Customer after prior written notice is given to Renton of the intent to deny or discontinue service, including the name, service address, reason for such action, and whether reasonable efforts to accommodate the Customer and provide services have occurred and failed. 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 service to any Customer who is abusing the service or is determined to be ineligible. City of Renton 10 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract The Contractor shall continue billing Customers with discontinued service at the lowest service level for that class of Customer, unless otherwise instructed in writing by Renton. 3.1.10 Missed Collections If Garbage, Recyclables, or Compostables are set out inappropriately, improperly prepared, or contaminated with unacceptable materials, the Contractor shall place in a prominent location a written notification tag that identifies the specific problem(s) and reason(s) for rejecting the materials for collection. Failure to provide proper written notification to Customers of the reason for rejecting materials for collection shall be considered a missed collection and subject to performance fees due to lack of proper Customer notification. The failure of the Contractor to collect Garbage, Recyclables,or Compostables that has been set out by a Customer in the proper manner on the appropriate day shall be considered a missed collection, and the Contractor shall collect the materials from the Customer on the same day if notified by 4:00 p.m. Monday — Friday. Customers giving notice after 4:00 p.m. shall receive a make-up collection the next day. A Customer giving notice after 4:00 p.m. on Friday shall receive a make-up collection the next day on Saturday between 9:00 a.m. and 1:00 p.m. The Contractor shall maintain an electronic record of all calls related to missed collections and the response provided by the Contractor. Such records shall be made available for inspection upon request by Renton, and the information shall be included in monthly reports. (See Reporting requirements set forth in Section 3.3.4). If the Contractor is requested by the Customer to make a return trip due to no fault of the Contractor, which the Contractor can prove through documentation (e.g., the Containers were not placed at the curb on time and the driver documented that fact in a log, with a photograph, etc.), the Contractor shall charge the Customer an additional return trip fee for this service, provided the Contractor notifies the Customer of this charge in advance and the Customer agrees to payment of the return trip fee. The Contractor will not be liable for a missed collection in such case. 3.1.11 Same Day Collection Garbage, Recyclables, and Compostables collection shall occur on the same regularly scheduled day of the week for Single-Family Residence Customers. The collection of Garbage, Recyclables, and Compostables from Multifamily Complexes and Commercial Customers need not be scheduled on the same day. 3.1.12 Requirement to Recycle and Compost and Quality Assurance The Contractor shall recycle or compost all Source-separated Recyclables and Compostables collected, unless express prior written permission is provided by Renton.The Contractor shall use facilities that: • Process materials to a high standard to maximize the recovery and recycling of all incoming recyclable and compostable materials; • Are operated to minimize cross-contamination of materials that would result in otherwise Recyclable materials being misdirected to a market or disposal where they would not be recovered; City of Renton 11 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract • Are designed and operated to minimize the residual stream of otherwise recoverable materials destined for disposal. • Have sufficient preprocess and screening staff and equipment to ensure that otherwise recoverable materials are not cross-contaminated and rendered non-recyclable due to the nature of the processing facility. Renton and Contractor agree that the Contractor is being compensated to fully recycle or compost those incoming materials and that maximum cost-effective recovery 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, probationary periods, material rejection, and suspension of service. The City and Contractor shall mutually negotiate and agree on a process reflecting current best management practices used in King County for route monitoring for both Single-family Residential and Commercial/Multifamily sectors. The Contractor and City shall annually review and update these procedures to ensure that contamination problems are addressed promptly, fairly and consistently for all sectors. The objective of the monitoring program is to maintain a contamination level of no greater than ten percent (10%) by volume for collected Recyclables and no greater than three percent (3%) by volume for collected Compostables. 3.1.13 Routing, Notification and Approval The Contractor shall indicate,on a map acceptable to Renton,the day of the week Garbage, Recyclables, and Compostables shall be collected from each Single-Family Residence. Likewise, the Contractor shall indicate, on maps acceptable to Renton, the regularly scheduled collection days for Garbage, Recyclables, and Compostables from each Multifamily Complex and Commercial Customer. Initial maps shall be provided to Renton no later than ninety (90) days prior to the Date of Commencement of Service. The Contractor collection routes shall not cross municipal boundaries, provided that Contractor collection vehicles used within Renton may be used elsewhere if they are emptied before and after such other use and the Contractor has obtained Renton's prior approval in writing, except that prior approval shall not be required for spare vehicles used for both Renton and other jurisdictions serviced by the Contractor, provided that same-day notification of the use is provided to the City via e-mail. The Contractor may use certain specialized vehicles in more than one jurisdiction (e.g. limited access vehicle for space-restricted route areas) for scheduled services upon written City approval. If a collection vehicle services any Customer outside the Service Area without prior written approval from Renton, the Contractor shall be liable for performance fees as described in Section 5.1. The Contractor may change the day of Single-Family Residence collection by giving written notice to Renton at least forty-five (45) days prior to the effective date of the proposed change and obtaining written approval from Renton. If Renton approves the proposed change, the Contractor shall provide affected Customers with at least fourteen (14) days written notice of pending changes for the collection day. Seven (7) days prior to the approved day change, the Contractor shall tag all affected Customers' Garbage Containers, as well as notify all affected Customers by e-mail and robo-call of the pending changes. Upon completing collections the week prior to the change, the Contractor shall update their City of Renton 12 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract 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 Customers 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 Customers.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/Condition/Use 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 he 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 collection 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 switchable placards or lack of switchable placards on collection vehicles shall be cause for performance fees as described in Section 5.1. Vehicles used in the performance of this Contact shall only be used for the collection 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 Collection Contract with all federal, state, and local safety requirements and be in a condition satisfactory to Renton. All vehicles shall be equipped with variable tone or proximity activated reverse movement back-up alarms. The Contractor shall maintain collection vehicles and Containers to ensure that no liquid wastes (e.g., Garbage or Compostables leachate) or oils (e.g., lubricating, hydraulic, or fuel) are discharged to Customer premises or streets. All collection and route supervisor vehicles used by the Contractor shall be equipped with a spill kit sufficient in size to contain a complete spill from the largest tank on the vehicle. Any equipment not meeting these standards shall not be used within the Service Area until repairs are made. Any discharge of liquid wastes or oils that may occur from Contractor's vehicles or Containers prior to them being removed from service shall be cleaned up or removed within three (3) hours of being noticed by route staff, customers, or Renton, and shall be remediated by the Contractor at its sole expense. Such clean-up or removal shall be documented with pictures, and notice of such clean-up or removal shall be provided to Renton in writing. The Contractor shall immediately notify Renton-designated spill hotline of any spills that enter drainages. Failure by the Contractor to clean-up or remove the discharge in a timely fashion to the satisfaction of Renton shall be cause for performance fees, as described in Section 5.1. The Contractor shall notify Renton and Customer of any leakage from non-Contractor-owned Containers immediately 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 to achieve reduced emissions and particulates, noise levels,operating cost, and fuel use. No advertising shall be allowed on Contractor vehicles other than the Contractor's name, logo, customer service telephone number, and website address, unless otherwise previously approved in writing by Renton. Special promotional messages may be permitted by Renton; provided they are either painted directly on vehicles or on special placards attached to vehicles. Renton's approval shall be in writing and solely within Renton's discretion. All collection vehicles shall be labeled with a sign on the rear, with lettering not less than four(4) inches high and clearly visible from a minimum of twenty (20)feet away, stating"Driving or Spillage Complaints?Call Renton Solid Waste @ 425-430-7397".The vehicle inventory number shall be displayed adjacent to this message. Renton will provide the Contractor with policy timelines for reporting spills versus driving complaints to Renton. Spills should be reported immediately to Renton as directed by Renton's reporting policies, which will be provided to the Contractor by Renton. All Contractor route, service, and supervisory vehicles shall be equipped with properly licensed two-way communication equipment. The Contractor shall maintain a base station or have equipment capable of reaching all collection areas. Collection vehicles shall also be equipped with back-up cameras, as well as route-recording cameras integrated with their on-board route management system. All collection vehicles shall be equipped with global positioning systems (GPS), as well as an on-board computer and data tracking system to track route 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 fully trained and required to use these systems. The resulting data shall be uploaded to the Contractor's Customer service database no less than hourly to allow Customer service personnel to be fully apprised of route progress, and be able to address misses and other Customer inquiries in near real-time. City of Renton 14 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract 3.1.15 Container Requirements and Ownership Contractor Garbage fees included in Attachment B include all costs of the associated Garbage, Recycling, and Compostables Carts and Containers unless Container rental for a particular service is specifically listed in Attachment B,such as rent for Drop-box Containers. Single-Family Residence, Multifamily Complex, and Commercial Customers must use Contractor- provided Containers for their initial Container of Garbage collection service, with the exception of compacting Drop-box Containers, which may be Customer-owned or—leased from other parties. Plastic bags or Garbage Cans may be used for excess volumes of Garbage, but not as a Customer's primary container. In the event the Customer uses a Garbage Can for Extras, the Contractor shall handle the Customer- owned Garbage Container in such a way as to prevent undue damage. The Contractor shall be responsible for unnecessary or unreasonable damage to Customer-owned Containers. All Contractor-provided Containers shall be permanently, clearly, and prominently screened, molded-in, molded-on, imprinted, or otherwise labeled in a fashion that any reasonable person can readily determine the size capacity and material preparation requirements of the Container. Contractor- provided Containers shall not be screened, molded-in, molded-on, imprinted, or otherwise permanently labeled with the Contractor's logo or company name. 3.1.15.1 Garbage, Recyclables,and Compostables Carts The Contractor shall provide 20-, 32-, 45-, 64-, and 96-gallon Garbage Carts for the respective level of Garbage collection, and 32-, 64-, and 96-gallon Recyclables and Compostables Carts for the respective level of Recyclables or Compostables collection. Cart sizes may vary up to eight percent (8%) in volume capacity from the stated sizes (e.g. 35, 60 and 96 gallon carts are acceptable) and will be considered contract-compliant. All Carts shall be manufactured from a minimum of fifteen percent (15%) post- consumer recycled plastic, with a lid that will accommodate a label. Carts shall be provided to requesting Customers within seven (7) days of the Customer's initial request. All Carts must have materials preparation instructions and telephone and website contact information printed on a sticker on the lid. All Contractor-provided Carts shall be maintained by the Contractor in good condition for material storage and handling; contain no jagged edges or holes; contain wheels or rollers for movement; and be equipped with an anti-skid device or sufficient surface area on the bottom of the container to prevent unwanted movement. The Carts shall contain instructions for proper use, including any Customer actions that would void manufacture warranties (such as placement of hot ashes in the container causing the container to melt), and procedures to follow to minimize potential fire problems. Collection crews shall note damaged hinges, holes, poorly functioning wheels, and other similar repair needs for Contractor-provided Carts (including those far Garbage, Recyclables, and Compostables) and forward written or electronic repair notices that same day to the Contractor's service personnel. Cart repairs shall then be made within seven (7) days at the Contractor's expense. Any Cart that is damaged or missing on account of an accident, collection truck mechanical error, act of nature or the elements, fire, or theft or vandalism by a third party shall be replaced not later than three (3) business days after City of Renton 15 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract notice from the Customer or Renton. Replacement Carts may be used and reconditioned, but shall be presentable and cleaned before delivered to 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 satisfactory to the Customer and for collection by the Contractor. The Contractor 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 Drop-box Container service other than those rental rates directed by Renton. Detachable Containers shall be watertight and equipped with tight-fitting metal or plastic covers; have four(4) wheels for Containers 3-cubic 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 determination concerning the conditions under which plastic Detachable Containers may be used. The Contractor may use plastic Detachable Containers at all locations where allowed 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 shall 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. All 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 Collection Contract slope and best vehicle access possible. For Customers that must stage their Detachable Containers on Public Streets or on significantly sloped hills, the Contractor shall make a good faith effort to work with the Customer to ensure that Detachable Containers are not left unattended in potentially problematic staging areas and are sufficiently restrained such that the Container may not roll and cause harm to persons or property. The Contractor may require a Customer to attend to the Containers immediately prior to and after collection. Any disputes arising between the Contractor and a Customer as to what constitutes a "significantly sloped hill" or a "safety hazard" shall be submitted in writing to Renton, and Renton's decision shall be final. Containers shall be replaced after emptying in the same location as found,with the lid closed. Except as set forth in the second paragraph of Section 3.1.15, Customers may elect to own or secure Containers from other sources, and shall not be subject to discrimination by the Contractor in collection services on that account, provided that such Containers (including Carts) are compatible with the Contractor's collection equipment. However, Containers owned or secured by Customers must be properly labeled with Contractor-provided stickers to be eligible for collection. The Contractor is not required to service Customer Containers that are not compatible with the Contractor's equipment. 3.1.15.3 Ownership 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 s�ach rights. For the purposes of this Contract,these in-place Carts distributed by the previous contractor shall be maintained to Contract standards, with the exception that Carts placed in service by the previous contractors shall be considered Contract compliant, 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, all Containers used by the Contractor to provide Contract collection services, shall, at the option of Renton, revert to city ownership without further compensation to the Contractor. Compactor Drop-boxes and Drop-boxes and Detachable Containers held in reserve at the Contractor's yard and not actively in service at a Customer location are excluded from this provision. Upon written notice to the Contractor, Renton may elect to assign this potential ownership of said Containers to a third-party. Any remaining warranties associated with the Containers described herein shall be transferred to Renton or Renton's assignee. Renton in advance accepts all such Containers in their "as-is, where-is" condition and without any express or implied warranty by the Contractor of any kind, including but not limited to any warranty of fitness for any particular purpose or any warranty of 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 become the property of Renton or assignee of Renton. 3.1.15.4 Container Colors and Labeling Contractor-provided Containers used for the collection of Recyclables, shall be blue. Contractor- provided Containers used for the collection of Compostables shall be grey for Single Family Customers City of Renton 17 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract 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 Contractor's 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 changes be made to the Garbage, Recycling, or Compostables collection program, the Contractor 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/contact 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. All Detachable Containers and Drop-box Containers to be used for Garbage or 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. All 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 stickers. 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 collection vehicle to exceed legal road weight limits. 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 Contractor'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 Collection Contrect 3.1.16 Inventory of Vehicles and Facilities The Contractor shall 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 Contract. 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 material is actually being loaded. 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 collection, 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 Contractor 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 Contract administrator within four (4) hours. Failure of the Contractor to comply shall be cause for 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 utiliie 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,Recyclables,and Compostables Collection Contract 7.14 to include the provisions of the pilot program into this Contract, including any costs or savings to be accrued. Contractor-initiated pilot programs shall require prior written notification to and written approval by Renton. Contractor-initiated pilot programs shall be performed at no additional cost to Renton or the Contractor's Customers; however, savings accrued may be subject to negotiations prior to implementation at Renton's request. Results of any Contractor-initiated pilot program shall be reported to Renton in the monthly reports described in Section 3.3.4.1. The Contractor shall not be required to test or implement any pilot program, new technology, service or development unless the terms and conditions thereof(including any savings or additional compensation to Contractor) have been mutually agreed in writing by Renton and Contractor. 3.1.19 Disruption Due to Construction Renton reserves the right to construct any improvement or to permit any such construction in any street or alley in such manner as Renton may direct, which may have the effect for a time of preventing the Contractor from traveling the accustomed route or routes for collection. However, the Contractor shall, by the most expedient manner, continue to collect Garbage, Recyclables,and Compostables to the same extent as though no interference existed upon the streets or alleys normally traversed. This shall be done at no extra expense to Renton or the Contractor's Customers. 3.1.20 Contractor Planning and Performance Under Labor Disruption No later than ninety (90) days prior to the expiration of any labor agreement associated with services performed under this Contract, the Contractor shall provide Renton with its planned response to labor actions that could compromise the Contractor's performance under this Contract. The Contractor- prepared Strike Contingency Plan shall address in detail: 1. The Contractor's specific staffing plan to cover Contract services, including identification of staff resources moved from out-of-area operations and the use of local management staff to provide basic services. The staffing plan shall be sufficient to provide recovery of full operations within one week following the initiation of the disruption. 2. Contingency training plans to ensure that replacement and management staff operating routes are able to continue to collect route data and follow collection and material delivery procedures for all material streams collected from Customers. 3. Identification of temporary Drop-box Containers or staffed packer truck locations for all material streams. For all sites identified in the Contractor-prepared Strike Contingency Plan, the Contractor shall list the property owner/lessee's contact information and the date on which permission for temporary use was received. Renton shall review these locations, after which Renton shall approve 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 wildcat strike)within one week following the initiation of the disruption. The Contractor shall keep Renton informed of the status of active labor negotiations on a daily basis, specifically during the period surrounding the end of employee contracts with Contractor employees. In the event that labor disruptions of any kind cause reductions in service delivery, the Contractor shall City of Renton 20 April,2016 Comprehensive Garbage,Recyc�ables,and Compostables Collection Contract 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 15t day to the 7`h day of the Labor Disruption; 3. A performance fee of twenty thousand dollars ($20,000.) a day for each day of Labor Disruption from the 8th day to 14th 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 or 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 rectification 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 Contractor's failure to comply with the Contractor-prepared Strike Contingency Plan of this section shall be subject to a special fee of twenty thousand 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 21 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract Contractor's failure to plan and execute the provisions of this section. The special fee shall be paid to Renton within thirty(30)days of the Contractor's receipt of Renton's invoice. Fees paid by the Contractor under the terms of this Section 3.1.20 are not regular performance fees for the purposes of Section 5 and shall not be counted in the cumulative performance fee default threshold referenced in Section 5.2 (6). 3.1.21 Site Planning and Building Design Review The Contractor shall, upon request and without additional cost, make available site planning assistance to either Renton and/or property owners. The site planning assistance shall be available for all new construction or remodeling of buildings and structures within the Service Area, and shall address the design and planning of Garbage, Recyclables and Compostables removal areas and their location upon the site of the proposed construction or remodeling project. Contractor planning assistance for optimizing loading docks and other areas shall also be available for existing building managers when realigning Garbage, Recyclables and Compostables services. 3.1.22 Safeguarding Public and Private Facilities The Contractor shall be obligated to protect all public and private improvements, facilities, and utilities whether located on public or private property, including street curbs. If such improvements, facilities, utilities, or curbs are damaged by reason of the Contractor's operations, the Contractor shall notify Renton immediately in writing of all damage, and the Contractor shall repair or replace the same or pay Renton for repairs. If the damage creates an immediate public safety issue that requires an immediate response,the Contractor shall, along with notifying Renton immediately in writing, call Renton to inform them of such matter. If the Contractor fails to do so promptly, as determined by Renton, Renton shall cause repairs or replacement to be made, and the cost, including overhead and administrative costs, of doing so shall be paid by the Contractor or deducted from amounts owed the Contractor under the Contract. Renton shall not be liable for any damage to property or person caused by the actions of the Contractor, and the Contractor shall indemnify and hold Renton harmless for any such damage or legal implications from said actions. 3.1.23 Transition and Implementation of Contract The Contractor shall develop, with Renton's input and prior written approval, and submit to Renton no later than thirty (30) days after the Date of Execution of this Contract, a Transition and Implementation Plan for introducing the new and revised services to the different Customer sectors (i.e., Single-family, Multifamily Complex, and Commercial Customers), and detailing a specific timeline as to when different activities and events will occur, including details of Container delivery, how different events impact other events in the timeline and the process to be used to ensure that implementation occurs with no disruption. 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 of the activities and events listed in the timeline. The Transition and Implementation Plan shall specifically address how the Contractor intends to proceed in the event of inclement weather and what contingency plans will be in place to accelerate implementation if Container delivery or other planned activities are impacted by inclement weather. City of Renton 22 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract The Contractor shall be responsible 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 of the Contract. Any additional promotional, educational, informational, and outreach materials provided by the Contractor to Customers in connection with the initial transition and implementation of the Contract shall be designed, developed, printed, and delivered by the Contractor, at the Contractor's cost, and subject to Renton's prior review and written approval and Renton's final approval 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 Compostables (including Yard Debrisj collection workers who serviced City of Renton routes 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 eligible for such benefits under the Contractor'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 Contracto�'s performance relative to requirements and standards established in this Contract, including Customer service standards. The Contractor agrees to fully cooperate with the performance review and work with City staff and consultants to ensure a timely and complete review process. The 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 (60) days, the City may allow the City of Renton 23 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract 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 Customers. 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 Continual Monitoring and Evaluation of Operations The Contractor's supervisory and 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 of 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 intentional 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 of 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 Renton 24 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract The Contractor shall not knowingly or as a result of gross negligence collect or dispose of Hazardous Waste or other hazardous materials that are either restricted from disposal or would pose a danger to collection crews. If materials are rejected for this reason,the Contractor shall leave a written notice with the rejected materials listing why they were not collected and providing the Customer with a contact for further information about proper disposal options for such materials. 3.1.28 Direct Disposal Payment The City shall be responsible for paying County disposal fees directly to the County. The Contractor shall comply with City and County requirements for the City's direct disposal payment arrangement with the County. The City and Contractor shall work with the County to develop and execute an agreement with the County to continue the existing disposal arrangement. In the event that revisions to the agreement are necessary due to changes in County or city policy,the Contractor and Renton shall negotiate in good faith to revise the plan to reflect changed circumstances. 3.1.29 Emergency Response The Contractor shall provide Renton with the use of the Contractor's labor and equipment for assistance in the event of a disaster or emergency 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 information in the monthly and annual reports required under Section 3.3.4. The Contractor shall maintain such records and documentation in accordance with Renton's prior written approval and any standards established by the Federal Emergency Management Agency, and at Renton's request, shall assist Renton in developing any reports or applications necessary to seek federal assistance during or after a federally-declared disaster. 3.2 Collection Services 3.2.1 Single-Family Residence Garbage Collection 3.2.1.1 Subject Materials The Contractor shall collect all Garbage placed at Curbside for disposal by Single-Family Residence Customers in, and adjacent to Garbage Cans, bags, and Garbage Carts. The Contractor shall offer carry- out service to Disabled Customers at no charge (per Section 3.1.6). City of Renton 25 April,2016 Comprehensive Garbage,Retyclables,and Compostables Collection Contract 3.2.1.2 Containers The Contractor shall provide collection Containers to Customers at no charge. Garbage Carts shall be delivered by the Contractor to Single-Family Residence Customers within seven (7) days of the Customer's initial request. 3.2.1.3 Specific Collection Requirements The Contractor shall offer regular every-other-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-gallon Garbage Cart; and 5. one 96-gallon Garbage Cart. The Contractor shall also provide a weekly "premium" Single—family Residential Garbage collection service. The service will not be actively publicized by Renton, but will be available to residents who, for 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 or the subscribed service level shall be collected and properly charged as Extra Units to the Customer; with the exception of excess Garbage collection otherwise authorized under this Contract at no charge to the Customer.The Contractor shall maintain route lists in sufficient detail to allow accurate recording and charging of all Extra Units. Customers shall be allowed to specify that no Extra Units be collected without prior Customer notification, which shall be provided by the Single-Family Residence Customer no less than twenty-four (24) hours prior to that Customer's regular collection. Collections shall be made from Single-Family Residences on a regular schedule on the same day and as close to a consistent time as possible. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return all Containers, in an upright position, with lids closed and attached, to their original set out location. Extra charges may be assessed for materials loaded so as to lift the Garbage Can, or Garbage Cart lid in excess of six (6) inches from the normally closed position. The Contractor may charge for an overweight Container at the Extra Unit rate, provided that the Container weight is documented in writing, and the Customer agrees to pay for special handling. Otherwise, an overweight Container shall be left at the Curb and tagged with written notification as to why it was not collected. Customers may specify to the Contractor that they may not be charged for overweight or extra Containers, in which case any such Containers shall be left at the Curb uncollected and tagged with written notification as to why it was not collected. The City may, at its option, elect to offer a curbside clean-up program provided to all Single-Family Customers. In the event that the City elects to provide the program during a calendar year,the City shall notify the Contractor in writing no later than October 15L of the preceding year. During the calendar year City of Renton 26 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract in which the service is offered, the City shall increase the compensation provided to the Contractor by $0.10 per month per Single-Family Residence Customer account billed during the year in which the service is offered. This amount is subject to adjustment pursuant to the provisions of Section 4.2.1. The service shall consist of a collection service provided either once that year on a scheduled 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: (1) up to one (1)yard of individual small items not larger than three feet by three feet and weighing not more than 65 pounds; and (2) two additional non-appliance bulky items, including but not limited to mattresses, sofas and chairs. The Contractor shall 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 of this service in the monthly reports provided to the City and will summarize usage in the annual report. 3.2.2 Single-Family Residence Recyclables Collection 3.2.2.1 Recyclable Materials Residential 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 additional cost to the Contractor, the Contractor agrees to expand the defined list of Residential Recyclables to cover such materials, subject to prior written approval by Renton. The Contractor shall collect Curbside prepared and either called-in or set-out Recyclables as described in Attachment C. With the exception of Corrugated Cardboard,the maximum dimensions for Recycling materials shall be two (2)feet by two (2) feet. 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 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 Contractor shall offer and provide 32- or 64-gallon Recycling Carts on request to those Single-Family Residence Customers requiring less capacity than provided by the standard 96-gallon Recycling Cart. Recycling Carts shall be delivered by the Contractor to new Single-Family Residence Customers, those Customers requesting replacements, or Customers that had previously rejected their Recycling Cart, within seven (7)days of the Customer's initial request. 3.2.2.3 Specific Collection Requirements Single-Family Residence Recyclables collection shall occur every-other-week on the same day as each household's Garbage and Compostables collection. Collections shall be made from residences on a regular schedule on the same day and as close to a consistent time as possible. The Contractor shall collect on Public Streets and Private Roads in the same location as Garbage collection service is City of Renton 27 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contrect provided. The Contractor's crews shall make collections in an orderly, non-disruptive and quiet manner, and shall return Containers with their lids closed and attached to their set out location, and out of any Public Street, in an orderly manner. The Contractor shall collect all properly prepared Single-Family Residence Recyclables from subscribing Single-Family Residence Customers for Garbage service. No limits shall be placed on set-out volumes for Curbside Recyclables, other than those specifically listed in Attachment C. 3.2.3 Single-Family Residence Compostables Collection 3.2.3.1 Subject Materials Properly-prepared Compostables shall be collected each week from all participating Single-Family Residence Customers as part of basic Garbage collection services,without extra charge. 3.2.3.2 Containers The Contractor shall provide Compostables Carts to Customers at no charge. The default Compostables 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 Customers requiring less capacity than provided by the default Compostables Cart. The Contractor shall also provide a smaller capacity Food Mini-can for Customers wishing to use a Container only for Food Scraps. The model Food Mini-can used by the Contractor shall be approved in writing by Renton prior to the Contractor purchasing inventory. Excess Yard Debris material that does not fit in a Compostables Cart shall be bundled or placed in Kraft paper bags, reusable plastic bags, or properly labeled Customer-owned Garbage Cans. Customers choosing to use their own Garbage Can for excess Yard Debris shall be provided durable stickers by the Contractor that clearly identify the container's contents as "Yard Debris." The Contractor shall maintain and have available for Customers a list of local retail stores that carry acceptable Kraft paper bags and reusable plastic Yard Debris bags. 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 paper bags and reusable plastic Yard Debris bags available at its customer service center. Compostables Carts shall be delivered by the Contractor to new Single-Family Residence Customers, Customers requesting a replacement Compostables Cart, and Customers that had previously rejected their Compostables Cart within seven (7) days of the Customer's initial request. The Contractor shall provide and distribute to all requesting Single-Family Residence Customers a kitchen Food Scrap collection container, previously approved by Renton in writing, with a capacity of approximately 9.6 quarts. The Contractor shall include instructional materials, subject to Renton's prior written approval, with all kitchen Food Scrap collection containers. Distributed kitchen Food Scraps collection containers shall include at least two biodegradable liners, provided at the Contractor'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 additional cost. Any new Single-Family Residence added to the City Service Area shall also receive a kitchen Food Scraps container at no additional cost. City of Renton 28 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract The Contractor shall provide an on-call fee-based Compostables Container cleaning service to Customers at the rate directed by Renton. The Contractor shall 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, including 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 customer's garbage collection day during the first two weeks of the year. Compostables may be placed in Carts, paper bags, bundles, or relabeled Garbage Cans next to the initial Compostables Cart, provided that Food Scraps shall 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 Contract compacted Detachable 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 Service Area may be appropriate for front-load collection due to limited maneuverability or overhead obstructions. The Contractor shall provide Containers and collection services capable of servicing all Customer sites, whether or not front-load collection is feasible. 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 Collection 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 locks for Containers upon request, remove and replace Containers from enclosures and position (roll-out) 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 collection 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 collections and shall pay a proportional 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 part 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,and Compostables Collection Contract The Contractor shall encourage and promote recycling and recommend 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 Specific 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 Commercial 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 B and may choose to embed the service in Garbage rates or direct the Contractor charge a retail rate to the Customer. 3.2.6.1 Subject 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 Compostables materials rejected by the Contractor shall be tagged in writing in a prominent location with an appropriate problem notice explaining why the material was rejected. 3.2.6.2 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 Collection Contract 3.2.6.3 Specific Collection Requirements Multifamily Complex and Commercial Customer Compostables collection shall occur at least weekly or more frequently, as subscribed for. 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 confusion. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return Containers after emptying to the same location as found,with their lids closed. Multifamily Complexes and Commercial Customers using Cart Garbage service shall be provided embedded Food Scraps service through the use of a Food Mini-Can. Cart Garbage service Customers shall be notified of the service when signing up for Garbage collection and shall be provided a Food Mini-Can on request at no additional charge. The Garbage rate in Attachment B for Multifamily Complex and Commercial Customer Cart service includes the costs of providing this Food Scraps collection service. 3.2.7 Drop-Box Container Garbage Collection 3.2.7.1 Subject Materials The Contractor shall provide Drop-Box Container Garbage collection services to Customers, in accordance with the service level selected by the Customer. 3.2.7.2 Containers The Contractor shall pay the cost of procuring and providing Containers for Garbage meeting the standards described in Section 3.1.15. Both Customer-owned and Contractor-owned Drop-box Containers shall be serviced, including Customer-owned compactors. The Contractor shall maintain a sufficient Drop-box Container inventory to provide delivery of empty containers by the Contractor to new and temporary Customers within three (3) business days after the Customer's initial request. 3.2.7.3 Specific Collection Requirements The Contractor shall provide dispatch service and equipment capability of collecting full Drop-box Containers on the same business day if the Customer's initial request is received by the call center before or at 10:00 a.m., and no later than the next business day if the Customer's initial call 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 full Drop-box Container. Drop-box Containers shall be delivered to new Customers within one business day of their initial request. The Contractor shall detach, remove and replace Drop-Box Containers from locked or unlocked enclosures at no additional charge. The Contractor may charge additional time or mileage only upon the Customers prior approval and only when the Customer direct material to a facility other than the closest King County disposal facility. City of Renton 32 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract 3.2.8 Temporary(Non-Event)Container Customers The Contractor shall maintain a sufficient Container inventory, including Detachable Container and Drop-box Containers, to provide delivery of empty Containers by the Contractor to temporary Customers within twenty-four(24) hours after the Customer's initial request. The charges for temporary Detachable Container service as listed in Attachment B shall include delivery, collection, distance, and disposal or processing 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 collection and shall not exceed ninety (90) days in duration. Customers requiring service for more than ninety (90) days shall subscribe for regular combined Garbage, Recycling, and Compostables service. 3.2.9 Special Event Services The Contractor shall provide temporary Garbage, Recyclables, and Compostables Containers to Customers sponsoring special events within the Service Area at the rates listed in Attachment B. The Contractor shall provide such Customers with assistance in determining Container needs and signage for Garbage, Recyclables, and Compostables at the special events, including site visits and technical assistance to ensure that the maximum Recyclables and Compostables diversion is achieved. The Contractor shall coordinate their efforts with Renton, and provide such Customers and Renton with a summary of the volumes and tonnages of materials disposed of, and diverted for recycling and composting. The Contractor shall provide special event services as a bundle, with each event provided collection of Garbage, Recyclables,and Compostables.The provision of Garbage-only service is discouraged, and shall be offered on a case-by-case basis only upon priorwritten approval of Renton. 3.2.10 Renton Services The Contractor shall provide collection of all on-street Litter and Recyclables receptacles within Renton, as listed in Attachment E. Collection shall occur not less than three (3) times each week and up to five (5) times each week, depending on season and need, at the discretion of Renton. Additional Litter and Recyclables receptacles may be added to the Attachment E list at Renton's discretion, at no additional charge. In addition to Renton's existing Litter Receptacles, the Contractor shall procure and install up to 20 additional Litter and/or Recyclable Receptacles with liners equivalent in locations designated by Renton. Replacement liners for all Renton Litter and Recyclable Receptacles shall be the responsibility of the Contractor. Specification for Renton Litter and Recyclable Receptacles include: Victor Stanley Model 5424,36 Gallon Litter Receptacle with standard tapered,formed lid and black plastic liner. Color:VS Green or other designated by Renton. For Recyclable Receptacle the color shall be blue and include a recycle lid. City of Renton 33 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract The Contractor shall provide weekly Garbage, Recyclables and Compostables collection 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 following: � Facility Service Address Carco Theatre � 1717 Maple Valley Highway Cedar River pog Park I 1500 Houser Way S Fire Station#11 I 211 Mill Ave 5 Fire Station#12 � 1209 Kirkland Ave Fire Station#13 � 17040 108`h Ave SE Fire Station#14 � 1900 Lind Ave SW Fire Station#17 � 14810 Petrovitsky Rd SE former Renton City Hall � 200 Mill Ave S Gene Coulon Park I 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 Highlands Neighborhood Center � 300 NE 16tn 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 Mil)Ave S Renton Parks Maintenance � 107 Williams Ave N Renton Public Library � 100 Mill Ave S Renton Public Works Maintenance � 3555 NE 2"d St 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 those 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 Community 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 by 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 charge to Renton. Contractor shall waive delivery, rental and other fees and the City shall pay for disposal. • Special Recycling & Reuse Events: The Contractor shall provide support at two (2) Special Recycling Events and one (1) Reuse Event each year. At each event, the Contractor shall provide Drop-box or Detachable Containers for Garbage, Recyclables, and Compostables collected at the events. The Contractor shall provide all equipment, staffing, collection, transportation, and recycling at no additional charge to Renton, and Renton shall be responsible for any disposal fees. • Other Renton Events: The Contractor shall provide Garbage, Recycling, and Compostables collection services for the following Renton-sponsored everats at no charge to Renton or users. Services and container capacity shall be coordinated with event staff to ensure that sufficient container capacity and collection frequency is provided by the Contractor. o Renton River Days o Fourth of July Celebration o Neighborhood Picnics—Up to 15 picnics per year o Farmers' Market o Annual City Employee Celebration At any time during the term of this Contract, Renton may add Renton-Sponsored Community Events in addition to those listed above, provided that if Renton adds more than one event every year, the Contractor may negotiate compensation for those additional events. Additional event services for public or private Customers shall be charged at the rate listed in Attachment B for each set of three(3) 96 gallon carts, per event day. This fee is all-inclusive for delivery, setup and collection of containers. 3.2.12 On-call Bulky Waste Collection The Contractor shall provide on-call Bulky Waste collection to any Customer, including Multifamily and Commercial Customers. On-call collection of Bulky Waste shall be provided by the Contractor to Customers by appointment for no more than the charge set forth in Attachment B to this Contract, with collection occurring no later than five(S) business days after a Customer initial request. Customers must place Bulky Waste at the regular Garbage collection location no more than 24-hours prior to collection. The Contractor shall notify the Customer of the specific date that their item will be collected, the charge that will be made to their next bill, and where the item should be placed for collection. The Contractor shall recycle all metal white goods, unless another arrangement is approved in writing by Renton, and to make a reasonable effort to recycle all other materials collected. The Contractor shall direct Customers to remove doors from refrigerators and freezers before collection and not to place Bulky Waste at the Curb prior to twenty-four(24) hours before scheduled collection. City of Renton 35 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract The Contractor shall maintain a separate log listing service date, materials collected, Customer charges, weights, and whether the item was recycled or disposed. This log shall be provided to 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. 3.3 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 Customer 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 (25) 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 8:00 a.m. to 5:00 p.m. Pacific Time Zone Saturdays. The holiday collection schedule described in Section 3.1.7 shall also apply to Customer service coverage. Customer service representatives shall be available through the Contractor's call center during office hours for communication with the public and Renton representatives. Customer calls shall be taken during office City of Renton 36 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract 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 all 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 Contracto�'s staff via the emergency telephone numbers shall be cause for performance fees in accordance with Section 5.1.2. 3.3.2.1 Customer Service Representative Staffing During call 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 activities 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 Collection Contract A Contractor-designated service expert shall be immediately accessible by staff to address emerging problems as needed, and shall return messages (telephone, text or e-mail) within four (4) hours of Renton's leaving or sending a message. Should the Contractor fail to meet the expectations for customer service to Renton as described herein, the Contractor shall be assessed performance fees in accordance with Section 5.1. 3.3.2.3 Service Recipient Complaints and Requests The Contractor shall record all complaints and service requests, regardless of how received, including date, time, Customer's name and address, if the Customer is willing to give this information, method of transmittal, and nature, date and manner of resolution of the complaint or service request in a computerized daily log. Any telephone calls received through the Contractor's non-office hours voice mail or answering service shall be recorded in the log the no later than by the following business day. The Contractor shall make a conscientious effort to resolve all complaints within twenty-four(24) hours of the original phone call, letter, or internet communication, and service requests within the times established throughout this Contract for various service requests. If a longer response time is necessary for complaints or requests,the reason for the delay shall be noted in the log, along with a description of the Contractor's efforts to resolve the complaint or request. The Customer service log shall be available for inspection by Renton, or its designated representatives, during the Contractor's office hours, and shall be in a format approved by Renton. The Contractor shall provide a copy of this log in an electronic format from the Microsoft Office suite of software to Renton with the monthly report. 3.3.2.4 Handling of Customer Calls All incoming telephone calls shall be answered promptly and courteously, with an average speed of answer of less than thirty(30) seconds. No telephone calls shall be placed on hold for more than two (2) minutes, and on a monthly basis, no more than 10% of incoming telephone calls shall be place on hold for more than twenty (20) seconds. A Customer shall be able to talk directly with a Customer service representative when calling the Contractor's Customer service telephone number during office hours without navigating an automated phone answering system. An automated voice mail service or phone answering system may be used when the office — both the Customer Service Office and the Customer Service Center—is closed. A Customer calling into the Customer service phone lines and placed on hold shall hear either Renton- specific messages or messages that are applicable and not misleading to Customers. 3.3.2.5 Corrective Measures Upon the receipt of Customer complaints in regard to busy signals or excessive delays in answering the telephone, Renton may request the Contractor submit a plan to Renton for correcting the problem. Once Renton has approved the plan, the Contractor shall have sixty (60) days to implement the corrective measures, except during the transition and implementation period from one (1) month prior to the Date of Commencement of Service, through the end of the fourth month after the Date of Commencement of Service, during which the Contractor shall have one (1) week to implement City of Renton 38 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract corrective measures. Reasonable corrective measures shall be implemented without additional compensation to the Contractor. Failure to provide corrective measures shall result in possible performance fees for the Contractor. 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 information specific to Renton's collection programs, including at a minimum contact information, collection schedules, day of collection map that is dated as of the last change and always current, material preparation requirements, available services and options, rates and fees, inclement weather service changes, and other relevant service information for its Customers. The website shall include an e-mail function for Customer communication with the Contractor, and the ability for Customers to submit service requests and manage their services on-line. E-mailed Customer service requests shall be answered within twenty-four (24) hours of receipt. The website shall offer Customers the option to receive and pay their service bills on-line through a secured bill payment system that enables Customers to make one-time or ongoing payments via credit card or checking/savings account at no extra charge. The website design shall be usability tested and then submitted to Renton for approval a minimum of three (3) months prior to the Date of Commencement of Service of this Contract, and then changes shall be subject to Renton's prior approval throughout the term 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 to the Contractor's website. Changes requested by Renton consisting of textual messages only shall be uploaded to the website within seventy-two (72) hours of the time of the request(s). Changes requested by Renton, of a textual nature, that are related to an emergency or time- sensitive situation (such as an inclement weather event, windstorm, or event preventing access to a Customer's regular place of container set-out) shall be uploaded to the website as soon as possible and not more than six (6) hours from of the time of request. Changes requested by Renton that include a graphical component must be uploaded to the website within ten (10) days of the time of the request. The Contractor shall update the website monthly, and more often if necessary, and provide links to Renton's website, checking on a regular basis that all links are current. The website shall include information requested by Renton translated into a minimum of four (4) languages other than English, including Spanish, Chinese, Russian, and one other language to be identified by Renton. Upon Renton's request,the Contractor shall provide a website utilization report indicating the usage of various website pages and e-mail option. 3.3.2.7 Full Knowledge of Garbage, Recyclables,and Compostables Programs Required The Contractor's Customer service representatives shall be fully knowledgeable of all collection services available to 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. For existing Customers, the representatives shall explain new services and options, and resolve recycling issues, collection concerns, missed pickups, container deliveries, and other Customer concerns. Customer service representatives shall be trained to inform Customers of City of Renton 39 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract Recyclables and Compostables preparation specifications. Renton policy questions shall be immediately forwarded to Renton for response. The Contractor's Customer service representatives shall have instantaneous electronic access to Customer service data and history to assist them in providing excellent customer service.The Contractor shall provide Renton with internal customer service representative training and support information specific to Renton to allow Renton to review and check information provided to customer service representatives and, in turn, provided to Customers. Any revisions to these materials shall be approved in writing(e-mail is acceptable) by Renton prior to being used by customer service representatives. The Contractor shall also provide Renton with no less than five (5) phantom billing accounts representing various sectors to facilitate city monitoring of Customer communications and billing protocols. These phantom accounts shall be established in conjunction with Renton and shall be accessible to Renton and managed as if Renton were a normal Customer using these accounts. 3.3.2.8 Customer Communications All Customer communications (other than routine service and billing interactions with individual Customers) shall be reviewed and approved by the City before distribution. Renton and Contractor recognize that Customer preferences for their method of communication may change during the Term of this Contract and agree to adjust customer service expectations to match Customer preferences. For example, if call traffic to the Contractor's telephone-based call center reduces over time and is supplanted by an increase in texting, the Contractor shall shift staff resources accordingly to ensure high levels of customer service. The City and Contractor agree to review Contract requirements periodically and negotiate in good faith any desired improvements to the Contract service standards related to customer service delivery. 3.3.2.9 Customer Service Location within Renton The Contractor shall provide a physical Customer service location, centrally located within the city limits of Renton and open a minimum of 40 hours each week, Monday—Saturday, where Customers are able to pay bills, access account information, change service, view examples of 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 bill payment function may be limited to non-cash payment, provided that a cash payment location is provided within a reasonable walking distance to the main Customer service location and subject to the City's approval. The Customer service location may be co-located with another organization and/or may provide other functions unrelated to Contract activities. The location and scope of operations shall be approved by the City prior to implementation. City of Renton 40 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract 3.3.3 Customer Billing Responsibilities The Contractor shall serve as billing agent for Renton and will invoice Customers, receive and post payments, deposit Customer remittances into a Renton account and provide a weekly report of receipts to Renton. The Contractor shall be responsible for all billing functions related to the collection services required under this Contract, in accordance with a Billing Operations Plan negotiated between the City and the Contractor. Billing and accounting costs associated with Customer invoicing shall be borne by the Contractor, and are included in the service fees included as Attachment B. Customers may not suspend collection services, but may reduce their service to the minimum service specified in the Billing Operations Plan. The Contractor shall reconcile their Customer list with a Renton- provided list of addresses to identify potential Customers not in compliance with Renton's mandatory collection ordinance. The timing and Renton list format shall be arranged between Renton and Contractor, but the Customer list reconciliation shall occur no less frequently than annually. The Contractor shall be responsible for the following: • Generating combined Garbage, Recyclables, and Compostables collection bills for all Customers; • Billing Single-family Customers quarterly and all other Customers monthly; • Generating bills printed double-sided, on a minimum of fifty percent (50%) recycled with at least thirty percent (30%) post-consumer recycled-content paper, unless a Customer has opted for paperless billing in which case no paper bill shall be generated; • Generating bills that include at a minimum a statement indicating the Customer's current service level, current charges, including itemized extra services, and payments, appropriate taxes and fees,Customer service contact information and website information; • Generating bills that clearly state the date at which late fees will be assessed for non-payment; • Generating bills that have sufficient space on the front of the bill for educational or informational messaging, as directed by Renton; • Accepting payment in person from 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 locations; • Accepting automatic ongoing payments from Customers via debit or credit card, checking or savings account withdrawal, or by wire transfer. Customer shall be provided with withdrawal or transfer date options and one option shall be to pay the day prior to when late fees are due. No transaction fees may be levied on any Customer payments; • Accepting, processing, and posting payment data each business day; City of Renton 41 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract • Accepting bill inserts from Renton for specific Customer sectors; • Maintaining a system to monitor Customer subscription levels, record excess Garbage or Compostables collected, place an additional charge on the Customer's bill for the excess collection, charge for additional services requested and delivered and allow for accurate tracking of the Single-family curbside clean-up program. This system shall maintain a Customer's historical account data for a period of not 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 additional services;and • Collecting unpaid charges from Customers for collection services. The Contractor shall be required to have procedures in place to backup and minimize the potential for the loss or damage of the account servicing (e.g., Customer service, service levels, and billing history) database. The Contractor shall 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 database, including, but not limited to, developing targeted educational and outreach programs, analyzing service level shifts or rate impacts, and/or providing information to successor contractors. Upon seven (7) days written notice, the Contractor shall provide Renton with a paper and/or electronic copy at Renton's discretion of the requested Customer information and history, including but not limited to Customer names, service and mailing addresses, contact information, service levels, and current account status. Renton reserves 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 performing Contractor billing, the City may elect to shift back to City billing upon 90 days notice to the Contractor. The City and Contractor agree to negotiate the timely implementation of that shift and the associated reduction in Contractor rates based on the Contractor's original proposal in response to the City's 2015 procurement for this Contract. City of Renton 42 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract 3.3.4 Reporting The Contractor shall provide monthly, annual, and ad hoc reports to Renton. The Contractor report formats may be modified from time to time at Renton's request at no cost to Renton. In addition, the Contractor shall allow staff access to pertinent operations information related to compliance with the obligations of this Contract, such as vehicle route assignment and maintenance logs, Garbage, Recyclables, and/or Yard Debris/Organic Waste facility certified weight slips, and Customer charges and payments. 3.3.4.1 Monthly Reports On a monthly basis, within thirty (30) days of the last day of each month, the Contractor shall provide a report, in a format approved by the City, containing the following information for the previous month: 1. A billing summary that provides the number of Customers billed at each service level (e.g. by container size, extra services) for each service sector (e.g., Single-Family Residence, Multifamily Complex, Commercial Customers and Drop-box hauls by Container size), the total number of Customers for each type of service by sector, Customer receipts by each service level, and total billings. 2. A log of all Customer requests, complaints, inquiries, and site visits, including Customer name, property name and address, date of contact 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 of collection for various materials before site visit and resulting changes after site visit, additional follow-up needed, follow-up conducted, results of follow-up, and materials provided. 3. Reports from the Contractor's customer service telephone system showing total call volume, total calls answered, average speed of answer, percent of calls answered within twenty (20) seconds, total calls placed on hold, percent of calls on hold answered within twenty (20) seconds, percent of calls on hold answered within two (2) minutes, total number of abandoned calls, abandonment rate (abandoned call divided by total volume of calls), and average time to abandonment. 4. Website utilization report showing total number of Customers paying their bills on-line, total number of Customers managing their services on-line, total number of e-mails received via website, data on site usage, and other data or information as Renton may require for internal reporting purposes. 5. A summary of total Garbage, Recyclables and Compostables, quantities collected (in tons) for each collection sector. Where item counts are more appropriate for certain Recyclables or Bulky Wastes (e.g. appliances, CFLs, etc.), reporting item counts are sufficient. The summary shall include the names of facilities used for all materials and tonnage delivered to each facility. 6. A summary of Recyclables market prices, contamination levels and processing residues disposed as Garbage. City of Renton 43 April,2016 Comprehensive Garbage,Recyclables,and Compostabtes Collection Contract 7. A list of current disposal or processing fees per ton for each material collected. 8. A description of any vehicle accidents or infractions. 9. A description of any promotion, education, and outreach efforts, including where possible, samples of materials, and summary of any feedback or response received from Customers. 10. A description of Contractor activities and tonnages related for city services and events. 11. A list of potential Customers that are in non-compliance with Renton's mandatory collection requirements, including name, service address, mailing address, phone, e-mail contact information,Contractor attempts to retain the Customer and date of last service. 12. A summary of Customer metrics consistent with the fee reporting requirements of the Local Hazardous Waste Management Program for the purpose of paying quarterly fees. For this Contract, the Contractor will collect the fees as Renton's agent, and Renton will pay the Local Hazardous Waste Program fees to Public Health, Seattle & King County, based on the metrics provided by the Contractor. If collection vehicles are used to service more than one Customer sector,the Contractor shall develop an apportioning methodology that allows the accurate calculation and reporting of collection volumes and quantities from the different sectors. The apportioning methodology shall be subject to the prior review and written approval of Renton, and shall be periodically verified through field testing by the Contractor. 3.3.4.2 Annual Reports On an annual basis, by the first working day of March, the Contractor shall provide a report containing the following information for the previous year: 1. A consolidated summary and tabulation of the monthly reports, described above. 2. A discussion of highlights and other noteworthy experiences, along with measures taken to resolve problems, increase efficiency, and increase participation in, and volume of, Recyclables and Compostables collection programs. 3. A discussion of opportunities and challenges expected during the current year, including steps being taken to take advantage of opportunities and resolve the challenges. 4. A discussion of promotion, education, and outreach efforts, and accomplishments for each sector. 5. An inventory of current collection vehicles and other major equipment, including model, year, make, serial or VIN number, assigned vehicle number, mileage (if vehicle), collection sector assigned to or used in, and maintenance history, including vehicle painting. City of Renton 44 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract 6. An inventory of all Containers used in the performance of this Contract, including location address, Customer name and contact information, and the size and serial number of all Containers used at that address. 7. A list of Multifamily Complexes eligible for Recycling and Compostables collection service, but not receiving one or both services,with the results of required contacts made during the yearto promote the Recycling and/or Compostables service to those complexes, including the reason why the Multifamily Complex is not receiving Recycling and/or Compostables service. 8. A list of Commercial Customers eligible for Recycling and Compostables collection service, but not receiving one or both services,with the results of required contacts made during the year to promote the Recycling and/or Compostables service to those sites, including the reason why the Commercial Customer is not receiving Recycling and/or Compostables service 9. A detailed report on Container change-out, cleaning, painting, re-stickering and/or labeling, and replacement completed or not completed on schedule during the previous year. 10. A summary of the monthly logs of Customer requests, complaints, inquiries, site visits, and resolutions or results, as required in Section 3.3.4.1. The summary 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 annual curbside cleanup program. The annual report shall be specific to Renton's operations, written in a format appropriate for contract management and shall not be a generalized listing of Contractor activities in the region or elsewhere. 3.3.4.3 Ad Hoc Reports Renton may request from the Contractor up to twelve (12) ad-hoc reports each year, at no additional cost to Renton. These reports may include Customer service database tabulations to identify specific service level or participation patterns or other similar information. Reports shall be provided in Renton- defined format and software compatibility. These reports shall not require the Contractor to expend more than two hundred (200)staff hours per year to complete. 3.3.4.4 Other Reports If requested by Renton, the Contractor shall provide daily route information for all service sectors and collection streams for the purpose of evaluating potential collection system changes during the Term of the Contract. Information received by Renton shall be subject to existing laws and regulations regarding disclosure, including the Public Disclosure Act, Chapter 42.56 of the Revised Code of Washington. 3.3.5 Promotion and Education The Contractor, at its own cost and at the direction of Renton, shall have primary responsibility for developing, designing, executing, and distributing public promotion, education, and outreach programs. The Contractor shall also have primary responsibility for Customer recruitment, providing annual City of Renton 45 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract service-oriented information and outreach to Customers, including providing on-site commercial Recycling and Compostables technical assistance, distributing Renton-developed promotional and educational pieces at Renton's direction, and implementing on-going recycling promotions, education, and outreach programs at the direction of Renton. All written materials, Customer surveys and other general communications provided to Customers by the Contractor shall be approved in advance by the City. The Contractor shall annually contact, by telephone or site visit, the manager or owner of each Multifamily Complex site to encourage recycling participation, address concerns, space or contamination problems, offer additional or on-going education or training to tenants, and inform the manager or owner of all available services and ways to decrease Garbage generation, increase recycling and prevent contamination in Recyclables and Compostables Containers. The Contractor shall coordinate and work cooperatively with Renton staff and/or consultants hired to conduct outreach and education,and provide technical assistance. The Contractor shall every two (2) years during the duration of the Contract, starting with Contract implementation in late 2016, follow-up with each Commercial Customer by telephone or in person to address additional concerns, space or contamination problems, and offer additional education or training to tenant businesses. The Contractor shall attempt to reach each Commercial Customer by telephone no more than two (2) times, with a minimum 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 Commercial Customers shall include performing waste audits to determine areas that need improvement, developing and covering the cost of stickers or signage for interior collection containers, and delivering Commercial Customer program packets to the Commercial Customers or their tenants, as requested by the Commercial Customer, a commercial tenant, or Renton. The Contractor shall coordinate and work cooperatively with Renton's staff and/or consultants hired to conduct outreach and education, and provide technical assistance. The Contractor shall, upon request of a Commercial 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 for additional Containers. Any additional promotional, educational, and informational materials provided by the Contractor to Customers in connection with the Contract shall be designed, developed, printed, and delivered by the Contractor, at the Contractor's cost, and subject to Renton's final written approval as to form, content, and method of delivery. Renton shall review and approve all materials and a minimum of a two (2) weeks review period shall be provided in all cases by the Contractor to allow sufficient time for review and approval. Outreach to Commercial Customers by the Contractor shall not preclude Renton or its consultants from also conducting targeted outreach and technical assistance to encourage waste prevention and recycling. 3.3.6 Transition to Next Contractor The Contractor shall work with Renton and any successive contractor in good faith to ensure minimal Customer disruption during the transition period from Renton's previous contractor to Renton's new City of Renton 46 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contrect 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 Contractor's 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, collection service levels and frequencies, day of collection and Container rental service levels to the successive contractor within seven (7) days of initial request by Renton. Failure to fully comply with this Section 3.3.6 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,Recyclables,and Compostables Colledion Contract authorized to directly invoice the Customer the Contractor's retail rate for those services. In no case shall the Contractor provide unauthorized services or charge unauthorized rates. Renton provides Senior low-income and/or disabled resident discounts to certain Single-family Residential Customers meeting Renton's eligibility criteria. Renton shall provide the Contractor with an initial list of eligible accounts and shall provide the Contractor with provisions of Renton's ordinance so that the Contractor may implement the policy for Customers requesting the discount in the future. The Contractor's compensation from Renton will not be reduced for those Customers. 4.2 Compensation Adjustments 4.2.1 Annual CPI Modification The Contractor's collection service charges and miscellaneous fees and Contract options contained in Attachment B, excluding waste disposal fees, for each level of service shall increase each year by one hundred percent (100%) of the annual percentage change in the Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton Metropolitan Area for the U.S. City Average Urban Wage Earners and Clerical Workers, all items (Revised Series) (CPI-W1982-84=100) prepared by the United States Department of Labor, Bureau of Labor Statistics, or a replacement index. Adjustments shall be based on the twelve (12) month period ending June 30th of the previous year that the request for increase is made. For example, an adjustment to the Contractor's collection service charge for 2018 will be based on the CPI for the twelve (12) month period ending June 30, 2017. In the event that the CPI index series decreases year-to-year, the service component of Contractor rates shall remain unchanged, and the successive year's adjustment shall be based on the most recent June 30th CPI index value which yielded a positive year-to-year adjustment. In the event that the CPI index series increases over eight percent (8%) year-to-year, the actual adjustment used shall be capped at eight percent (8%). Adjustments to the Contractor's collection service charge shall be made in units of one cent ($0.01). Fractions less than one cent ($0.01)shall not be considered when making adjustments. The Contractor's compensation shall be adjusted annually, beginning January 1, 2018. The Contractor shall submit in writing and electronic form to Renton for review and verification a Rate Adjustment Statement, calculating the new rates for the next year, on or by October 15Y of each year, starting October 1, 2017. In the event that the Contractor does not submit a Rate Adjustment Statement by October 15t, Renton shall calculate and unilaterally implement a rate adjustment based on the best available information as of October 15Y of that year for the applicable period and the Contractor shall lose the right to appeal this action. On Renton's review and verification, the new rates shall take effect on January 15` of the following year. An example of rate adjustments due to Consumer Price Index changes is provided in Attachment D. 4.2.2 Changes in Disposal or Compostables Processing Sites If the Contractor is required by Renton or other governmental authority to use Garbage disposal or Compostables processing sites other than those being used at the initiation of this Contract, the Contractor shall submit a detailed proposal for the adjustment of the rates to reflect any additional cost City of Renton 48 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract or savings to the Contractor. Renton and Contractor agree to negotiate in good faith any changes to the rates to offset these costs or savings. If the Contractor is no longer be able to find a processing site for all collected Compostables, after a good faith effort to locate a processing facility acceptable to Renton, Renton reserves the right to drop the collection of affected components of Compostables, such as Food Scraps, from the Contract and Renton and Contractor shall negotiate rate reduction in good faith to reflect the reduction in service. If the Contractor is subsequently able to find a processing site for Compostables or the site that was originally used for processing Compostables is able to resume taking the dropped materials, Renton reserves the right to reinstate the collection of those materials and to reverse the previously agreed rate reduction for the reduction in service. 4.2.3 Other Modifications The Contractor shall not adjust or modify rates due to employee wage increases, changes in Compostables processing fees, Garbage collection service level shifts, or other changes affecting the collection system. In the event that unforeseen temporary market circumstances prevents or precludes compliance with the requirements of Section 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 documentation 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 such third party is retained, the City shall take reasonable steps, consistent with State law, to protect the confidential or proprietary nature of any data or information supplied by the Contractor. If an unforeseen market circumstance persists more than nine (9) months,the Parties agree to engage in good faith negotiations to determine a mutually acceptable course of action, including but not limited to eliminating the materials from the list of Recyclables, changing Customer preparation requirements, modifying Contractor rates, or any other mutually-agreeable solution. The City shall review the Contractor's request within one hundred twenty (120) days of receipt. Upon the City's review of the Contractor's request, the City shall approve or deny the request, at its sole discretion. 4.2.4 New or Changes in Existing Taxes If new municipal or Washington State taxes or fees are imposed or the rates of existing taxes are changed after the Date of Execution of this Contract, and the impact of these changes results in increased or decreased Contractor costs in excess of ten thousand dollars ($10,000) annually, the Contractor and Renton shall enter into good faith negotiations to determine whether cornpensation adjustments are appropriate for the amount exceeding the ten thousand dollar($10,000) threshold and if so,to determine the amount and the method of adjustment. In the event that road or bridge tolls are implemented that affect the Contractor's operations under this Contract, Renton and Contractor agree to enter into good faith negotiations to adjust compensation City of Renton 49 April,2016 Comprehensive Garbage,Recyclables,and Compostables Cottection Contract accordingly, without meeting the ten 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 shall receive the benefit of fifty percent(50%) of the cost savings. 4.3 Change in Law Changes in federal, 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 5.1 Performance Fees Renton reserves the right to make periodic, unscheduled inspection visits to determine the Contractor's compliance with the provisions and requirements of this Contract. In the event that Renton's inspection reveals that the Contractor has failed to satisfactorily perform any duties of this Contract, Renton shall present a documented incident report to the Contractor detailing such unsatisfactory performance. The Contractor and Renton agree that upon receiving such report, the Contractor shall pay the following dollar amounts, not as a penalty, but as performance fees for failure to satisfactorily perform its duties under this Contract. Renton and the Contractor agree that Renton's damages would be difficult to prove in any litigation and that these dollar amounts are a reasonable estimate of the damages sustained by Renton as a result of the Contractor's failure to satisfactorily perform its duties under this Contract. The performance fees in this Section 5.1 shall not apply to the service impacts of Labor Disruptions, as separate performance fees shall apply under those circumstances, as described in Section 3.2.10. Performance fees shall include: Action or Omission Performance fees 1 Collection 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 incident). 2 Repetition of complaints on a route after notification, Fifty dollars ($50) per incident, including, but not limited to, failure to replace Containers in not to exceed five hundred designated locations, spilling, not closing gates, not replacing dollars ($500) per vehicle per lids, crossing planted areas, or similar violations. day. 3 Failure to clean-up or collect leaked or spilled materials The cost of cleanup to Renton, and/or failure to notify Renton within 4 hours of incident. plus five hundred dollars ($500) per incident. 4 Observed leakage or spillage from Contractor vehicles or of Five hundred dollars ($500) per vehicle contents. vehicle, per inspection, plus clean-up costs. 5 Failure to replace a leaking Container within twenty-four(24) One hundred dollars ($100) per hours of notification. incident, and then one hundred dollars ($100) per day that the Container is not replaced. 6 Failure to collect missed materials within one (1) business Fifty dollars ($SO) per incident to day after notification. a maximum of five hundred dollars ($S00) per vehicle per day. 7 Missed collection of a block segment of Single-Family Two hundred fifty dollars ($250) Residences (excluding collections prevented by inclement per block segment if collection is weather, but not excluding collections prevented by performed the following day; inoperable vehicles). A block segment is defined as one side one thousand dollars ($1,000) if of a street, between cross-streets, not to exceed fifty (50) not collected by the following houses. day. 8 Collection as Garbage of non-contaminated Source- One thousand- dollars ($1,000) separated Recyclables, Yard Debris, or Compostables in per incident. clearly identified containers, bags,or boxes. City of Renton 51 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract � � Action or Omission � Performance fees 9 Rejection of Garbage, Recyclables, Yard Debris or One hundred dollars ($100) per Compostables without providing documentation to the incident. Customer of the reason for rejection. 10 Failure to deliver Containers within three (3) days of request One hundred dollars ($100) per to Multifamily Complex or Commercial Customers requesting incident. service after the Date of Commencement of Service. 11 Failure to deliver Garbage, Recyclables or Compostables Twenty-five dollars ($25) per Containers within seven (7) days of request to Single-Family incident. Residence Customers requesting service after the Date of Commencement of Service. I 12 I Misrepresentation by Contractors in records or reporting. I Five thousand dollars ($5,000) per incident. I 13 I Failure to provide the required annual report on time. I Five hundred dollars ($500) per day past deadline. 14 Failure to maintain clean, sanitary and properly painted Fifty dollars ($50) per incident, Containers, up to maximum of one thousand dollars ($1,000) per inspection. 15 Failure to maintain contract-compliant vehicles Fifty dollars ($50) per incident, up to maximum of one thousand dollars ($1,000) per inspection. 16 Failure to meet Customer service answer and on-hold time One hundred dollars ($100) per performance requirements. I day. 17 Failure to meet the service and performance standards listed Two hundred and fifty dollars in Section 3.3.2 of this Contract for a period of two (2) ($250) per day until the service consecutive months. standards listed in Section 3.3.2 are met for ten (10) consecutive business days. 18 Failure to ensure that all Customers have contract compliant Five thousand dollars ($5,000) Garbage, Recycling and Compostables Containers on or per day, plus twenty-five dollars before the Date of Commencement of Service. ($25) per Container for each incident occurring after the Date of Commencement of Service. 19 Failure to include city-authorized instructional/ promotional Fifty dollars ($50) per incident, materials when Garbage, Recycling, and/or Compostables with no maximum. Containers are delivered to Single-Family Residences, or failure to affix required city-authorized stickers on Containers. I 20 I Failure to separate collection of materials from Service Area I Five thousand dollars ($5,000) Customers from non service area customers. per route per day. I 21 I Failure to properly use an authorized switchable placard or I One hundred dollars ($100) per nameplates as described in Section 3.1.14. placard per vehicle per day. I 22 I Inability to reach the Contractor's staff via the emergency I Two hundred-fifty dollars ($250) telephone number. per incident. I 23 I The use of outdated, or unauthorized stickers, or lack of I Fifty dollars ($SO) per Container. required stickers on Contractor provided Containers. City of Renton 52 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract � ( Action or Omission � Performance fees I34 Failure to have correct rates for all Customer sectors and Two hundred-fifty dollars ($250) I service levels listed on the Contractor's website. per day,with no maximum. , Nothing in this Section shall be construed as providing an exclusive list of the acts or omissions of the Contractor that shall be considered violations or breaches of the Contract, and Renton reserves the right to exercise any and all remedies it may have with respect to these and other violations and breaches. The performance fees schedule set forth here shall not affect Renton's ability to terminate this Contract as described in Section 5.2. Performance fees, if assessed during a given month, shall be invoiced in writing by Renton to the Contractor. The Contractor shall be required to pay Renton the invoiced amount within thirty (30) days of billing. Failure to pay performance fees shall be considered a breach of this Contract, and shall accrue penalty charges of eight(8.0%) percent of the amount of any delinquent payments. Any performance fees assessed against the Contractor may be appealed by the Contractor to Renton within ten (10) days of being invoiced for assessed performance fees. The Contractor shall be allowed to present evidence as to why the amount of the assessed performance fees should be lessened or eliminated, including the provision of incorrect information provided by a previous contractor for contract failures during the initial transition period. Renton's decision shall be final. 5.2 Contract Default The Contractor shall be in default of this Contract if it violates any provision of this Contract. In addition, the Contractor shall be in default of the Contract should any of the following occur, including, but not limited to: 1. The Contractor fails to commence the collection of Garbage, Recyclables, or Compostables, or fails to provide any portion of service under the Contract on the Date of Commencement of Service,or for a period of more than five (5)consecutive days at any time during the term of this Contract, except as provided pursuant to Section 3.1.20; 2. The Contractor fails to obtain and maintain any permit, certification, authorization, or 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 Contractor's noncompliance creates a hazard to public health or safety or the environment; 4. The Contractor causes uncontaminated Recyclables or Compostables to be disposed of in any way, such as in a landfill 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 Renton,as specified in this Contract; 6. The Contractor is assessed performance fees pursuant to Section 5.1 in excess of fifteen thousand dollars($15,000)during any consecutive six(6) month period;or City of Renton 53 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract 7. The Contractor fails to resume full service to Customers within twenty-one days following the initiation of a labor disruption pursuant to Section 3.1.20. 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 fully 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 Contract 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 from the Contractor and the surety on the Contractor's performance bond as damages all expenses incurred, including reasonable attorneys' fees, together with all such additional sums as may be necessary to complete the services provided under this Contract, together with any further damages sustained or to be sustained by 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 Department City of Renton 54 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract City of Renton 1055 South Grady Way Renton, WA 98055 To Contractor: General Manager Rabanco Ltd. 22010 76`h Ave S Kent,WA 98032 Copies to: Division Controller Rabanco Ltd. 22010 762h Ave S Kent,WA 98032 Municipal Manager Rabanco Ltd. 22010 76th Ave 5 Kent,WA 98032 7.GENERALTERMS 7.1 Collection Right The Contractor shall be the exclusive provider with which Renton shall contract to collect Garbage, Recyclables and Compostables placed in designated Containers and set out in the regular collection locations within the Service Area. Renton shall not be obligated to join, contribute to or instigate litigation to protect the right of the Contractor. This Contract provision shall not apply to Garbage, Recyclables, or Compostables self-hauled by the generator; to Source-separated materials hauled by common or private carriers (including drop-off recycling sites); or to construction/demolition waste hauled by self-haulers or construction or demolition contractors in the normal course of their business. The Contractor shall retain the right and cover all costs to dispose of or process and market the Garbage, Recyclables, and Compostables once these materials are placed in Contractor-provided or Renton- owned containers. The Contractor shall retain revenues gained from the sale of Recyclables or Compostables. Likewise, a tipping or acceptance fee charged for Recyclables or Compostables shall be the financial responsibility of the Contractor. 7.2 Access to Records The Contractor shall maintain in its local office full and complete operations, Customer, financial, and service records that at any reasonable time shall be open for inspection and copying for any reasonable purpose by Renton. In addition, the Contractor shall, during the Contract term, and at least seven (7) years thereafter, maintain in an office in King County reporting records and billing records pertaining to City of Renton 55 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract the Contract that are prepared in accordance with Generally Accepted Accounting Principles, reflecting the Contractor's services provided under this Contract. Those Contractor's accounts shall include, but shall not be limited to, all records, invoices, and payments under the Contract, as adjusted for additional and deleted services provided under this Contract. Renton shall be allowed access to these records for audit and review purposes, subject to the same protections of the Contractor's financial or other proprietary information set forth in Section 4.3. The Contractor shall make available copies of certified weight slips for Garbage, Recyclables, and Compostables on request within two (2) business days of the request. The weight slips may be requested for any period during the Term of this Contract. 7.31nsurance The Contractor shall procure and maintain, for the Term of the Contract, insurance that meets or exceeds the coverage set forth below, as determined in the sole reasonable discretion of Renton. The cost of such insurance shall be paid by the Contractor. Contractor's maintenance of insurance as required by this Contract shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit Renton's recourse to any remedy available at law or in equity. 7.3.1 Minimum Scope of Insurance The Contractor shall obtain insurance that meets or exceeds the following of the types described below: 1. Automobile Liabilitv insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. The policy shall include the ISO CA 9948 Form (or its equivalent) for transportation of cargo and a MCS 90 Form in the amount specified in the Motor Carrier Act. The policy shall include a waiver of subrogation in favor of Renton. 2. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 01, or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse, or underground property damage. Renton shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for Renton, using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. City of Renton 56 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract 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 Insurance Contractor shall maintain at a minimum the following insurance limits: 1. Automobile Liabilitv insurance with a minimum 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 by 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 policies are to contain, or be endorsed to contain,the following provisions for Automobile Liability,Commercial General Liability, and Contractor's Pollution Liability coverage: 1. The Contractor's insurance coverage shall be the primary insurance with respect to 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, or 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 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 maintain at all times a valid Contractor's Performance and Payment Bond or bonds, letter of credit, or other similar instrument acceptable to and approved in writing by 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. 7.5 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 of 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 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 shall be entitled to recover its reasonable attorneys' fees, costs and expenses incurred in enforcing Section 7.5. 7.5.2 Industrial Insurance Immunity Waiver With respect to the obligations to hold harmless, indemnify, and defend provided for 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/or transcriptions, recordings, or reproductions thereof) 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 Contractor The Contractor shall not assign or pledge any of the money due under this Contract without securing the prior written approval of the surety 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 of this section shall not apply to the grant of a general security interest in the Contractor's assets to secure the Contractor's obligations under any loan or credit facility entered into by the Contractor or the Contractor's parent. City ot Renton 59 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract 7.7.2 Assignment,Subcontracting, 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 Contract 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 responsible 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. 7.8 Laws to Govern/Venue This Contract shall be governed by the laws of the State of Washington both as to interpretation and performance. Venue shall be in Superior Court in the State of Washington for King County, Maleng 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 provisions of this section shall be City of Renton 60 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract 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 (OSHA),the Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts from time-to-time must be complied with, including ergonomic and repetitive motion requirements. The Contractor must indemnify and hold harmless 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 environmental regulations and standards applying to the operation of the collection and processing systems used in the performance of this Contract. The Contractor is specifically directed to observe all weight-related laws and regulations in the performance of these services, including axle bridging and loading requirements. 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 shal) 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 solely responsible for all taxes, fees, and charges incurred, including, but not limited to, license fees and all federal, state, regional,county, and local taxes and fees, including income taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons, facilities, property, income, equipment, materials, supplies, or activities related to the Contractor's activities under the Contract, business and occupation taxes, workers' compensation, and unemployment benefits. 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 3.3.3 and the Billing Operations Plan. City of Renton 61 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract 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 changes, 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 also renegotiate this Contract 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 act 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 Collection Contract obligations affected by the Force Majeure and only for the period during which the Force Majeure exists. The following events do not constitute Force Majeure: strikes, other than nationwide strikes or strikes that by virtue of their extent or completeness make the particular goods or services effectively unavailable to the Contractor; work stoppages or other labor disputes or disturbances occurring with respect to any activity performed or to be performed by the Contractor;or general economic conditions. If as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations under this Contract,the Contractor shall notify Renton by telephone and email, on or promptly after the Force Majeure is first known, followed within seven (7) days by a written description of the event and cause thereof to the extent known;the date the event began, its estimated duration,the estimated time during which the performance of the Contractor's obligations will be delayed; the likely financial impact of the event; and whatever additional information is available concerning the event and its impact on Renton and its Customers. The Contractor shall provide prompt written notice of the cessation of the Force Majeure. Whenever such event shall occur, the Contractor, as promptly and as reasonably possible, shall use its best efforts to eliminate the cause, reduce the cost, and resume performance under the Contract. In addition, if as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations under this Contract, the Contractor shall notify all Customers regarding the disruption in collection service in a manner similar to the notification required in the case of inclement weather under Section 3.1.8. 7.16 Illegal Provisions If any provision of this Contract shall be declared illegal, void, or unenforceable, the other provisions of the Contract shall remain in full force and effect. 7.17 Waiver No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying such waiver, and executed by the party against whom such waiver is sought to be enforced. A waiver by either party of any of its rights under this Contract on any occasion shall not be a bar to the exercise of the same right on any subsequent occasion or of any other right at any time. 7.18 Incorporation of Contractor's Proposal in Response to Renton's RFP The Contractor's Proposal, dated October 26, 2015 submitted in response to Renton's Request for Proposals, is fully incorporated by this reference, including but not limited to collection vehicle types, customer service staffing and approach, processing abilities and other commitments made in the Contractor's proposal and all associated clarifications and supplemental proposal materials or attachments. In the case of conflict between the Contractor's proposal and this Contract,the provisions of this Contract shall prevail. Renton may approve changes to vehicle and Container make, model and specifications at Renton's discretion. City of Renton 63 April,2016 Comprehensive Garbage,Recyclables,and Compostables Collection Contract 7.19 Cancellation of Previous 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 Disposal Company 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 �'''''��►e<.te�wa�iwat�ie�a-e�� previous franchises, including but not limited to any claims it may btli��i`s��14'e�'�n�`` ���/ ; b »+' ':�;l�i 'tti t!:�,T�d�'t� t 35A.14.900; (3) the Contractor agrees to pay Fiorito Enterprises, Inc. a�nd R,�b�ri �o���,m �t�a� �ny j compensation due as a result of terminating the franchise agreement approved"1���t�inarlc�No�6�,19, : . ,..�,.. . �. „;.r,, .., (4)the Contractor agrees to hold harmless,defend, and indemnify the City#rom a'ny cfaims arising out of , or connected to the termination of the franchises approved by Ordinance Nos. 5618 and 56.19 ar�d F4a � 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 Compostables Collection Contract WiTNFSS TNE EXECUTION NEREOF on the day and year first herei ve written. RABANCO LTD. CITY Of R T By ..?.----, BY MiChaei Nuy� Oenis aw,Mayor .. Attest: `�\!`�`1z�.4��Q,����������1lf�, �� ro��, �� � �--, y sr����w��r��r� Bv � /�� •3�* _ N4TAl�'Y PU6l.IG �ason th,�ity ct k �,� ��j'�� a1»� MY COMMI5SION EXPlRES �, � '�' := 12-05-1$ '� '`��� Approv d as tfl Form: �i,, ��" �':� l�c.u� B '�`�'r/,y, T�D�+`"'"„e:�`l� ),.t,�,�3rti�°, �"� Lawrence J,Warren, Re on City Attorney ?t���F�t�J�!����������';�it Acknowledgement and acceptance by Fiorita Enterprises,inc.and Rabanca Companies: Finrito Enterprises,Inc.and Rabanco Companies hereby acknowledge and aceept thai this Contract between the City of Renton and Rabanca Ltd,will effectively terminate and replace the franchise agreement that was authorized by City Ordinance No.5619 and agree to hold the City harrrrless from any cl�ims, known�nd unknown,which arise out of such terminatian, induding any ciaims that may exist under RCW 35A.14.900. FICIRtTO ENTERPRI$E5,INC. ,__ RABANCO,L7D. -- �Y .;,��Gs�...,s�'."�"�,G- $y �, �..����� � fVliCh884 Fi�i�(e + � Ctty of Renton 1 Apr"ri,201& Comprehensive G$rbage,Recyclables,and Compastables Coliection Contract . 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''.\ t�������tn� ���eas,, ; ��,�, �- ,; { Wa$ ��exat�o �,j m,���, � ��..� : � �.���- Y:, ,r��Cs �.� �, �,�, 4 ����µ����. ;; ay� ; `�� PC � .^ � ���,;, i ; ``� ('� W �, { :..,.....t �����'�,Y,. � ,, , � ���. � � �.��E �� 9.� � ����� ��„��a�,���,,n�,�^ ��,"�+,��*�'" 16 `A,��„„��"° PPri\20 1 C,�o{Rention Attachment B Contractar Rates (Initiai Year) (Monthly Rate Unless Otherwise Specified) � � I Haul Service Level ( Charge 2 Yard detachable Container ( � � � $ 38.00 Temporary 4 Yard detachab(e container � ( � ( $ 68.00 Collection 6 Yard detachable container � � ' ' $ 96.00 Hauling 8 Yard detachable container � � � � $ 105.00 Non-compacted 10-40 cubic yard Drop-box � � � I $ 180.d0 I Delivery I Daily i Monthly Service Level Fee Rental ( Rental Temporary 2 Yard detachable container � � $ 55.00 � $ 1.75 I $ 52.50 Colledion 4 Yard detachable container � � $ 55.00 � $ 2.00 � $ 60.40 Container 6 Yard detachable container � � $ 55.00 � $ 2.25 ( $ 67.50 Rental 8 Yard detachable container � � $ 55.Od � $ 2.50 � $ 75.00 and Delivery Non-compacted 10-40 cubic yard Drop-box � � $ 75.00 � $ 3.77 � $ 113.10 � � � � Drop-box Ancillary Fees � � f � Per Event Return Trip � ( � ( $ 25.00 Stand-by Time(per minute} ( � � � $ 1.50 Container cleaning(per yard of container size) � � � � $ 10.00 Drop-box directed to other facility(per one-way mile) � � � � $ 3.00 Solid Lid on drop-box(additional rental fee per month} ( ( ( + $ 75.00 Drap-box t�rn around charge � � � � $ 10.00 Service � � � � Per Hour Hourly Rear/Side-load packer+driver � � � ( $ 99.74 Rates Front-load packer+driver � � � � $ 9g•7q Drop-box Truck+driver � � � I S 99•74 Additional Labor(per person) � � � � $ 6Q.00 Attachment B Contractor Rates (Initial Year) (Monthly Rate Unless Otherwise Specified) Daily Monthly Deli�ery Haul �' Service Level{based on pick ups) Rent Rent Charge Charge Cammercial Non-compacted 10-15 cubic yard Drop-box(1 customer} $ 2.97 $ 89.00 $ 75.00 $ 165.00 Drop-box Non-compacted 20 cubic yard Drop-box(22 customers) $ 2.97 $ 89.00 $ 75.00 $ 165.Q0 Collection Non-compacted 25 cubic yard Drap-box(0 customers) $ 2.97 $ 89.00 $ 75.00 $ 165.00 Non-compacted 30 cubic yard Drop-box( 12 customers) $ 3.27 $ 98.00 $ 75.00 $ 175.00 Non-compacted 40 cubic yard Drop-box ( 17 customers) $ 3.27 $ 98.00 $ 75.00 $ 175.00 Compacted 15 cubic yard Drop-box(1 customer) $ 75.00 $ 180.00 Compacted 20 cubic yard Drop-box( 23 customersj $ 75.00 $ 180.00 Compacted 25 cubic yard Drop-box{0 customers) $ 75.00 $ 180.00 Compacted 30 cubic yard Drop-box( 31 customers� $ 75.d0 $ 195.00 Compacted 40 cubic yard Drop-box(6 customers) $ 75.00 $ 195.OQ Attachment B Contractor Rates (initia) Year) (Manthly Rate Uniess Otherwise Specified) Commercial 1 Cubic Yard, 1 pickup/week � $ 38,72 � Detachable 1 Cubic Yard, 2 pickups/week � $ 77.q4 Container 1 Cubic Yard, 3 pickups/week � $ 116.16 (loase) 1 Cubic Yard,4 pickups/week , $ 154.88 1 Cubic Yard, 5 pickups/week � $ 193.60 1.5 Cubic Yard, 1 pickup/week , $ 53.99 1S Cubic Yard, 2 pickups/week i $ 107.98 1.5 Cubic Yard, 3 pickups/week � $ 161.97 1.5 Cubic Yard,4 pickups/week � $ 215.96 1.5 Cubic Yard, 5 pickups/week i $ 269.95 2 Cubic Yard, 1 pickups/week � $ 67.19 2 Cubic Yard, 2 pickups/week $ 134.38 2 Cubic Yard, 3 pickups/week $ 201.57 2 Cubic Yard,4 pickups/week $ 268.76 2 Cubic Yard, 5 pickups/week $ 335.95 3 Cubic Yard, 1 pickup/week $ 96.05 3 Cubic Yard, 2 pickups/week $ 192.10 3 Cubic Yard, 3 pickups/week $ 2$8.15 3 Cubic Yard,4 pickups/week $ 384.20 3 Cubic Yard, 5 pickups/week $ 480.25 4 Cubic Yard, 1 pickup/week $ 124.71 4 Cubic Yard, 2 pickups/week $ 249.42 4 Cubic Yard, 3 pickupsjweek $ 374.13 4 Cubic Yard,4 pickups/week $ 498.84 4 Cubic Yard, 5 pickups/week $ 623.55 6 Cubic Yard, 1 pickup/week $ 178.81 6 Cubic Yard, 2 pickups/week $ 357.62 6 Cubic Yard, 3 pickups/week $ 536.43 6 Cubic Yard,4 pickupsjweek $ 715.24 6 Cubic Yard, 5 pickups/week $ 894.06 8 Cubic Yard, 1 pickup/week $ 231.61 8 Cubic Yard, 2 pickups/week $ 463.22 8 Cubic Yard, 3 pickups/week $ 694.83 8 Cubic Yard,4 pickups/week $ 926.44 8 Cubic Yard, 5 pickups/week $ 1,158.05 Extra loose cubic yard in container, per pickup $ 10.00 Extra loose cubic yard on ground, per pickup � $ 20.00 I Retachable Container Ancillary Fees(per occurance): ( Stand-by Time (per minute) � $ 1.60 Container Cleaning(per yard of container size) � $ 10.�0 Redelivery of Containers � $ 20.00 Return Trip � $ 10.00 Attachment B Contractor Rates �Initial Year) (Monthly Rate Unless Otherwise Specified) , " Total Collection Ser�ice Levet Fee EoW One 20-gallon Garbage Cart � $ 17.33 Residential 1 35-gallon Garbage Cart ( $ 18.27 Curbside 145-gallon Garbage Cart � $ 18.54 Service 1 60/64-gallon Garbage Cart � $ 19.20 190/96-gallon Garbage Cart � $ 21.04 Extras(15 gallon equivalent} � $ 3.00 Miscelianeous Fees: ( Surcharge for weekly collection (per month) � $ 8.60 Extra compostabies cart rentai � $ 1•Z5 Drive-in Charge, per month � $ 6.00 Overweight/Oversize container(per p/u) � $ 3.00 Redelivery of one or more containers � $ 10.00 Cart Cleaning(per cart per cleaning) � $ 10.00 Sunken Can Surcharge per month, Roll-out fee also applies� $ 7.50 fJn-Call Non-CFC Containing Large Appliances("white goods"), per� $ 20.00 Bulky Refrigerators/Freezers/Air Conditioners per item � $ 30.00 Waste Sofas, Chairs, per item � $ 20.00 Collection Mattresses, Boxsprings, per item � $ 20.00 Weekly One 20-gallon garbage Cart � $ 11.25 Commercial 1 32/35-gallon Garbage Cart ' $ 11.25 Can and 145-gallon Garbage Cart � $ 13.56 Cart 1 60/64-gallon Garbage Cart � $ 13.56 190/96-gallon Garbage Cart � $ 16.20 Extras(32-gallon equivalent) � $ 3.00 Ancillary Fees: � Weekly 64-gat Cart Yard Debris/Foodwaste service � $ 48.00 Return Trip � $ 6.00 Roll-out Charge,per addtn9 25 ft, per cart, per p/u � $ 1.50 Redelivery of containers � $ 10.00 Cart Cleaning(per cart per cleaning) � $ 10.00 Event Services(3 carts,one for each stream, per day) � $ 25.Q0 Weekly 1 Cubic Yard Container � $ 87.33 Commercial 1.5 Cubic Yard Container � $ 124.14 Detachable 2 Cubic Yard Container � $ 141.77 Cantaine� 3 Cubic Yard Container � $ 207�7g (compacted) 4 Cubic Yard Container � $ 2�4•2� 5 Cubic Yard Container � $ 406.18 ATTACHMENT C- RECYCLABLES LIST ;Aluminum-aii ciean aluminum cans,ciean aluminum foii,trays."pie X '.Piace in recyciing Container. tins,"and clean aluminum_food containers. _ _ _--.-.---,--.-- ..- -- - - ---- --- --- - rfe __..__..___.�_ _.___._._._.__.____.__.__. ._.,__.._-_----- _. . _._ _.. _... . . Appliances(large)-refrigerators,freezers,stoves,dishwashers, X Call to request pick-up. 3 tatal per household during contract I' . ',clo#hes washing machines or dryers,water heaters. �imited ta Singie-Famity househofds. ._- - ____ _ __..,__ - - - - .. . __.. _. _. _.. - - _ . - . . : . - ,..- - - - -. Limited to a useholds. A liances small microwave ovens,toaster ovens _ X Call to request pick-up. _ _ _ _ Single F mily ho _pP _ C._.._)._.._ _ w __ . __._.._ ._ � _ Fluorescent Tubes and Bulbs X Wrap tubes in nawspaper and secure with tape.Mark �imit:2 tubes per cattection,'€0 tu6es per "Fluorescent Tubes."Place bulbs in a sealed bag.Place next year.Tubes must be no longer than 4'. �to rec clin Container. Limited to Single-Family households. _._--._.-- ._ .___. _.. ---. ... ---._.._ ..._-. . ._._,.__... - __-- - - -- Y 9 _ :Giass Containers-All colared or c�ear jars and bottles that are rinsed X Empty,remove Iids and place in tecycling onta�ner. and have lids removed. __._._,...�.. __.. ._ _... .. . - ._ _. _. _ _. - - -- �- ..._......... . ......... _._.._......___... .._.,,- _ _,___...,_.._..___...._ _ __�.__.. . _ 9 _.. , _ Household Batteries-all alkaline,button,and rechargeable batteries. X Place rechar eable and nan-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 Place in recycling Container. ;phone boaks,catalogues,and advertising supplements delivered with newspapers. _ . :�. . _. _.. __ _ _ .. _.,_... __ _ Y 9 Paper Gontainers-aii empty paper cups used far soda or caffee,and X Empty,ptace in rec clin Container. empty paper food cartons used for milk,juice,soy,or soup. _ __ _ ,_ _ __ __,_.� - -- - -.. .- - - - - - ... -- - - - _____ _. ._ ...._... _ ..__ --- __ - -- -- P 9 Plastic Bags and Films-all clean,dry plastic shopping or produce X Place all plastic bags and film inside of one bag and tie to Contaminated lastic ba s,such as cheese ':bags,and plastic films contained within a plas#ic bag. secure. and meat wrappers,bags with paper Iabels, and bags with food or other resid�es are excluded. _ -- - -- - • -- - - - - - -- - Plastic Cantainers-All plastic bottles,jugs,tubs,lids y 3", and X Empty,place in recycling Container. Plastic bottles,jugs,tubs,or containers that containers,including piastic drink cups,clamshell take-aut containers,: have cantained hazardous or tor�c products, 'food containers and treys,and plant pots,whieh have been rinsed. such as motor oil or pesticides,are excluded. _ _ __. .. . .__ .. ._. _.._._..._ - _ �_ _ , _ _ ___ __.., _.-. _... - - , Poiycaated Cartons and Boxes-aII plasfic coated cartons,beverage X Flatten.Place in recycling Container or bundle and place next cups,and boxes..____.._.�__�___. to recycling Gonta ner. _ ..__ __......_. . _ _ .__ . __ -. _- - ........ ... .._._.__._...._..._------ ---____ -- ------..__.__ ; i _. �Rigid Plastics-all 5-gallon buckets,PVC pipes,laundry baskets, X X Place items in recycling Cart,or next to recycling Cart.One Call to collect large(i.e.,all dimensions are> plastic lawn furniture,Big Wheels,coolers,and Nalgene bottles. Large :dimension of#he object must be<2'. 2'}items. Limited to Single-Family items hausehoids. __...---..,. __......... ......_....,_�.__.--..,.._......_.._.�.�_...... ..__..,_..,...._..___..,,_......... .,� ._....._..,,.._....... .__..... _ . _. _. .. ._..... _. _ _..._..._ ... Scrap Metal-aII ferrous and non-ferrous scrap metal,including Iids> X X Small Items:Place in recycling Container or secure{e.g., Smalt(tems Eess than 2'and 64 fbs.Less 3",that are free af wood,plastic,rubber,and other contaminants. Large bundle,box)next to recycling Gontainec than 5%non-metal components. Large Items Large Items:Call to request pick-up. Items:Call to collect farge(i.e.,at least one I _. . _ _ . , . .. _. .._ _... _....., . . _....,.._ ........ dimension is<2'}items Tin cans-akE cfean food and beverage tin cans,and tin lids>3". X Place in recycling Co�tainec ;_..._____—_.---------- _....._...-- --. .. - . ..__ __ - ....._ - - _. _ . _ . ______..-------..-- Used Cooking Oi�(FOG) X X Seal uncantaminated oil(no Iarge solids}in clean,ciear, Limit:3 gallons per pick-up. screw-top plastic jugs.Label jugs with name and address and Limit: 14 gailons per year. � place next to recycling Container. Limited to 5ingle-Family househoids_ - -- - - _ _.___ -- -- -- - - - ..._ . . .-- - - - Wood scraps X Glean,unpainted untreated waod,plywood,pallets, Limited to Single-Family households. dimensional lumber and crates;some metal fittings and naits allowed.Material must be placed in a cardboard box next to the recycling container and labeled Wood Waste. ATTACHMENT D: Rate Modification Example The Contractor rates listed in Attachment B shall be adjusted annually, as follows: Contractor Fee Adjustment The Contractor service fee listed in Attachment B will 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 June CPI value; and oCPI = The CPI value used for the previous rate adjustment or, in the case of the first contract adjustment, the CPI value reported at the end of lune 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 January 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 (143.2) City of Renton 1 April 2016 ATTACHMENT E: Litter Receptacles List . .. , ,_ � , ,, �., a �..� � t�:..;���G � 200 2nd Street 2 Green Metal/Black Metal � 300 S 2nd Street I 1 � Green Metal � I 420 S 2nd Street I 1 � Green Metal I � 700 S 2nd Street � 1 � Green Metal I I 107 S 3rd Street I 2 I Green Metal/Black Metal I � 108 S 3rd Street � 1 � Green Metal I I 309 S 3rd Street I 1 � Green Metal I I 316 S 3rd Street � 1 � Green Metal I I 317 S 3rd Street I 1 � Green Metal I � 327 S 3rd Street � 1 � Green Metal I I 400 S 3rd Street � 1 � Green Metal I I 413 S 3rd Street � 1 � Green Metal I I 504 S 3rd Street � 1 � Green Metal I _ - 505 S 3rd Street I 1 � Green Metal I I 619 S 3rd Street � 1 � Green Metal � I 717 S 3rd Street � 1 � Green Metal I I 720 S 3rd Street � 1 � Green Metal I � 800 S 3rd Street � 1 � Green Metal I � 801 S 3rd Street � 1 � Green Metal I I 825 S 3rd Street I 1 � Green Metal I 900 S 3rd Street � 1 � Green Metal � 909 S 3rd Street � 1 � Green Metal I 917 S 3rd Street � 1 � Green Metal I 918 S 3rd Street � 1 � Green Metal � 201 Wells Ave S I 1 � Green Metal I � 215 Wells Ave S � 1 � Green Metal I � 216 Wells Ave S � 1 � Green Metal I I 225 Wells Ave 5 I 1 � Green Metal I I 214 Williams Ave S � 1 � Green Metal I I 301 Williams Ave S � 1 � Green Metal � 329 Williams Ave S � 1 � Green Metal � 221 Main Ave S � 1 � Green Metal I 224 Main Ave S I 1 � Green Metal I 225 Main Ave S � 1 � Green Metal I I 300 Burnett Ave S � 1 � Black Metal I I 340 Burnett Ave S � 2 � Black Metal/Green Metal I City of Renton 1 April 2016 �, ,..� ,.. .. . . � wn� r�'F:f73 v �t�,. , . ��,��r� ,�.5 �. .. � � }�"� � '�.� '',� 3f- �'.k`?r'�""��...'"' , .,��� s'�€E�����?'� !�"'�"�'z�E�vy t� ��,�,n � µ`^ ��"�.�.��, . .. < �. .,. , ,,.: ....,>. ,w,.#,3, ,�.w ,n.,«t,b t. .a>ad .wz.,.,.., . �. �.�, .a e.,r.�� .. . ,...✓ b�� �. .dr,-�'3',� „,� � 357 Burnett Ave S � 1 I Black Metal I 235 Mill Ave S � 1 � Black Metal � 320 Shattuck Ave S I 1 � Green Metal I 815 Edmonds Ave NE I 1 I Green Metal I 431 Rainier Ave S I 1 I Black Metal � I Rainier Ave S & S 3rd Street I 1 I Black Metal I � Rainier Ave S &SW Sunset � 2 � Black Metal � I Rainier Ave S & SW Grady Way I 2 I Black Metal � I 1305 3rd PI I 1 I Green Metal I 919 Harrington Ave NE I 1 I Green Metal I 960 Harrington Ave NE I 1 I Green Metal I 535 Garden Ave S I 1 I Green Metal � I 3001 NE 10th Street I 1 I Green Metal � I 3215 NE 12th Street I 1 I Green Metal I � 3001 NE 16th Street I 1 I Green Metal I 1 NE 12th & Kirkland I 1 I Green Metal � 1 NE 4th & Monroe I 1 I Green Metal I NE 7th & Harrington I 1 I Green Metal � I NE 9th & Harrington � 1 I Green Metal � � S 3rd PI & Shattuck I 1 I Green Metal � I Renton Transit Center I 12 � Black Metal � City of Renton 2 April 2016