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5888 - Current Contract
Vint WASTE MANAGEMENT WASTE MANAGEMENT 720 4th Ave,Suite 400 Kirkland,WA 98033 January 15, 2020 Mr. Thomas Knuckey Director, Public Works & Utilities City of Bremerton 100 Oyster Bay Ave. N Bremerton, WA 98312 RE: Letter of Understanding to Address Section 2.11 of the Contract Executed on November 9, 2018 Dear Mr. Knuckey: The purpose of this Letter of Understanding ("LOU") is to amend Section 2.11, Collection Equipment, of the Agreement for Garbage, Recycling and Compostable Organics Collection, and Disposal between the City of Bremerton ("City") and Waste Management of Washington, Inc. ("WM"). The Parties agree to amend Section 2.11 to read as follows (additions in underline, deletions in strike gh): "Contractor shall possess or demonstrate to the City's reasonable satisfaction that it has available to it adequate equipment and vehicles, including reserve or replacement vehicles and equipment, sufficient to perform the services required of Contractor herein. Contractor shall maintain all trucks and equipment used within the City in good mechanical condition and the same shall be clean, numbered and uniformly painted. No later than January June 1, 2020, all collection trucks deployed in the City shall be compressed natural gas (CNG) vehicles and shall be ten (10) years old or newer. All truck bodies used by Contractor shall be constructed of metal and shall be watertight and leak proof. Each vehicle used by Contractor shall carry at all times a broom and shovel or other item appropriate for use in the prompt removal of any spilled material. All vehicles used by Contractor shall have adequate coverage at all times to prevent the spillage of collected." By signing below, the City and Waste Management approve and accept the terms of this LOU and acknowledge this LOU: (a) creates a legally binding obligation upon the parties, (b) shall be governed and constructed in accordance with the laws of the State of Washington regardless of any conflict of law provisions, (c) sets for the entire agreement between the City and WM with respect to the subject matter hereof and supersedes all prior negotiations, representations, understandings and agreements with respect to the subject matter hereof, and (d) may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Sincerely, r Mindy Rostami Senior Manager, Strategic Contracting and Municipal Legal Affairs Waste Management of Washington, Inc. Acknowledged and agreed upon by: CITY OF BREMERTON WASTE MANAGEMENT OF WASHINGTON, INC. By: By: Its: M.aY o( Its: Page 2 of 2 AGREEMENT FOR GARBAGE, RECYCLING AND COMPOSTABLE ORGANICS COLLECTION, AND DISPOSAL BETWEEN THE CITY OF BREMERTON, WASHINGTON AND WASTE MANAGEMENT OF WASHINGTON, INC. RECITALS .................................... -------_--___________ OEF|N|T|ONG------------------------------------� ARTICLE U ................ -------------------------------- GENERAL OPERATIONS ............................. ---------------------- 2.1 COLLECTION ....... ------------------------------ 21.1 GENERAL 2.1.2 COLLECTION SCHEDULE ...... -------------------------- 21.3 COLLECTION LOCATIONS .......................................... ------------- 2.1.4 COLLECTION FROM SENIORS ORPHYSICALLY CHALLENGED .............................. 215 DANGEROUS ANIMALS ----------------------------- 21.6 EMPLOYEES TOUSE WALKS |FCARRY-OUT SERVICE DIRECTED ........................ 317 EMPLOYEES NOT TOTRESPASS ------------------------ 2.2 CONTRACTOR TDMAKE EXAMINATION ............................. ----------- 23 EMPLOYEES 2.3.1 NDN-O|SCR}K8|NATION ............................ ------------------- 23.2 OSHA/WISHA 2.3.3 COMPLIANCE WITH LAWS ......... ------------------------ 2.3.4 EMPLOYEES TOBECOURTEOUS, ETC ................................................................ 2.4 COMPANY NAME 2.5 CONTRACTOR'S OFFICES -------------------------------- in 1 2 5 5 b 5 5 5 6 G G G G G 7 7 7 7 7 7 7 8 8 8 8 8 2.6 PERM(T8----------------------------------- g 27 PUBUCUT/L|TlES------------------------------- S 2.8 LOADING ----------------------------------- Q 2.9 CLEANUPOFSP|LLS ----------------------------- 9 310 DISRUPTION OFCOLLECTION ......................................................... ------ 8 2.101 DISRUPTION OFCOLLECTION DUE TOWEATHER ................................................ 0 210.2 HOLIDAY SCHEDULES ----------------------------- Q 2.10.3 MISSED AND MAKEUP COLLECTIONS .................................................................. 10 211 COLLECTION EQUIPMENT .................................................................................. 10 2.121 RESERVE EQUIPMENT .................................................... .................................. 10 213.2 PAINTING AND CLEANING OF VEHICLES ... ......... ............................................... 10 2.13 SU8CONTRACTORG------------------.------------ 10 2.14 METHOD OFPROCESSING AND DISPOSAL ................................. -----------11 2.15 SERVICE TOCITY FACILITIES ------�------------------- 11 216 CITY EVENTS ---------�-----�------------------- 11 217 SERVICE AREA --------------�------------------ 11 218 CARTSANOCDNTA|NERG---------------'----------- 11 218 SOLAR COMPACTORS ........................................................................................ 12 ARTICLE III ...... .................. ........................................................................................ 12 REPORTING REQUIREMENTS ................................................................................. ...... 12 31 REPORTING REQUIREMENTS ............................................................................ 12 3.1.1 ANNUALPROGRAMREPORTS----'-------------------- 12 3.2 CONTRACTOR'S RECORDS; 12 3.3 BADOEBTREPORT---'------------------------- -- 13 ARTICLE / ................. 13 INSURANCE AND SAFEGUARDS .................. ...................................... ................ ......... 13 41 INSURANCE AND SAFEGUARDS ........................................................................ 13 iii 4.1.1 GENERAL REQUIREMENTS................................................................................. 4.1.2 ADDITIONAL INSURANCE.................................................................................... 4.1.3 CONTINUANCE................................................................................................... 4.1.4 COVERAGES...................................................................................................... 4.1.4.1 ENDORSEMENTS................................................................................................ 4.1.4.2 MINIMUM LIMITS................................................................................................. 4.1.5 OTHER INSURANCE PROVISIONS......................................................................... 4.1.5.1 MINIMUM SCOPE OF INSURANCE......................................................................... 4.1.5.2 ACCEPTABILITY OF INSURERS............................................................................ 4.1.5.3 CONTRACTOR'S INSURANCE PRIMARY............................................................... 4.2 PERFORMANCE BOND....................................................................................... 4.3 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT ....................................... 4.3.1 INDEMNIFICATION............................................................................................. 4.3.2 WAIVER OF RCW TITLE 51................................................................................. 4.4 COMPLIANCE REQUIRED.................................................................................... 4.5 SURVIVAL......................................................................................................... 13 13 13 13 13 14 14 14 14 14 14 15 15 15 15 15 16 16 16 16 16 ARTICLEVI..................................................................................................................... 16 CITYCLEANUP DAYS...................................................................................................... 16 6.1 CITY CLEAN UP ("BEAUTIFY BREMERTON").................................................................. 16 ARTICLEVII..................................................................................................................... 17 RECYCLE MATERIALS COLLECTION................................................................................. 17 iv 7.1 GENERAL RECYCLING PROVISIONS..................................................................... 17 7.2 RECYCLING CARTS............................................................................................. 17 7.3 CONTAMINATION................................................................................................ 17 ARTICLEVIII.................................................................................................................. 17 COMPOSTABLE ORGANICS COLLECTION........................................................................ 17 8.1 COMPOSTABLE ORGANICS COLLECTION............................................................. 17 8.2 CONTAMINATION................................................................................................. 17 ARTICLEIX.................................................................................................................. 18 COMPENSATION......................................................................................................... 18 9.1 CITY ADMINISTRATIVE FEES.............................................................................. 18 9.2 CONTRACTOR RATES....................................................................................... 18 9.3 CPI ADJUSTMENT............................................................................................. 18 9.4 PASS THROUGH OF DISPOSAL & PROCESSING FEE INCREASES ........................... 19 9.5 ROLL OFF DISPOSAL FEES................................................................................. 19 9.6 RATE ADJUSTMENT FOR EXTRAORDINARY ISSUES............................................. 19 9.7 CHANGES IN RECYCLABLE MARKETS/COSTS....................................................... 20 ARTICLEX..................................................................................................................... 20 BILLING SERVICES AND CUSTOMER EDUCATION............................................................ 20 10.1 CONTRACTOR BILLING....................................................................................... 20 10.2 COLLECTION FOR NON-PAYMENT........................................................................ 21 10.3 LOW INCOME / DISABLED DISCOUNT................................................................... 21 10.4 SUSPENDING COLLECTION FROM PROBLEM CUSTOMERS.................................... 21 10.5 PROMOTION, EDUCATION AND OUTREACH................................................................ 21 ARTICLEXI.................................................................................................................. 22 DEFAULTS.................................................................................................................. 22 11.1 TERMINATION................................................................................................... 22 v 11.2 LIQUIDATED DAMAGES.................................................................................... 22 ARTICLEXII.................................................................................................................. 23 ANNEXATION............................................................................................................... 23 12.1 AGREEMENT RIGHTS/ANNEXATION..................................................................... 23 ARTICLEXIII............................................................................................................... 24 MISCELLANEOUS........................................................................................................ 24 13.1 NON-WAIVER................................................................................................... 24 13.2 NOTICES......................................................................................................... 24 13.3 SEVERABILITY................................................................................................... 24 13.4 ENTIRE AGREEMENT.......................................................................................... 24 13.5 CHANGE IN SERVICE.......................................................................................... 24 13.6 ASSIGNMENT...................................................................................................... 25 13.7 FORCE MAJEURE................................................................................................ 25 13.8 APPLICABLE LAW/VENUE.................................................................................... 25 13.9 INDEPENDENT CONTRACTOR.............................................................................. 25 13.10 SUBCONTRACTING............................................................................................. 25 13.11 TAXES AND FEES................................................................................................ 25 13.12 INSOLVENCY; RIGHT TO TERMINATE CONTRACT................................................... 26 13.13 RESERVATION OF MUNICIPAL AUTHORITY............................................................ 26 13.14 SUCCESSORS AND ASSIGNS.............................................................................. 26 13.15 CORPORATE AUTHORITY.................................................................................... 26 13.16 DISPUTE RESOLUTION....................................................................................... 26 vi AGREEMENT FOR GARBAGE, RECYCLING, AND COMPOSTABLE ORGANICS COLLECTION, AND DISPOSAL BETWEEN THE CITY OF BREMERTON, WASHINGTON AND WASTE MANAGEMENT OF WASHINGTON, INC. RECITALS WHEREAS, the City of Bremerton, a Washington municipal corporation (the "City"), has negotiated with Waste Management of Washington, Inc., a Delaware corporation (the "Contractor"), for solid waste collection and recycling pick-up services; and WHEREAS, solid waste collection service is a fundamental municipal function with uniform, managed collection necessary for the preservation of public health; and WHEREAS, Contractor represents that it has the experience, resources, and expertise necessary to perform solid waste collection services; and WHEREAS, pursuant to RCW 35.21.120 the City has enacted ordinances codified in the City's Municipal Code which created a system for the orderly collection and disposal of Garbage within the City of Bremerton; and WHEREAS, the City Council finds that by entering into this contract for the collection of Recyclables and Garbage, the citizens of the City will receive a greater variety of Garbage services at more stable rates; and WHEREAS, the City and Contractor have negotiated a mutually advantageous proposal for providing solid waste collection services and the City Council has determined that the City should enter into a contract with Contractor for the collection and disposal of Garbage, recycling and Compostable Organics within the City; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL BENEFITS AND COVENANTS STATED HEREIN THE PARTIES AGREE AS FOLLOWS: DEFINITIONS For the purposes of this Contract the following terms shall have the following meanings: Adjustment Date: The date that occurs annually on January 1 during this Contract. Administrative Fee: A monthly fee remitted to the City from the Contractor. Bulky Waste/Items: 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 (couches or chairs) 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, 35, 64, or 96 -gallon wheeled container with attached lid suitable for collection, storage, and Curbside placement of Garbage, Recyclables and Compostables. Carts shall be rodent and insect resistant and capable of holding collected liquids without spilling when in an upright position. Carry Out/Pack Out Service: Seniors or physically challenged persons can request a carry out/pack out service up to 50 feet from the contractor's truck, without extra charge. The request must be in writing with the explanation as to the reason for this service. The household cannot have an able bodied person living in the home. Carry Out/Pack Out service is offered to all other customers for a fee, as set forth in Exhibit A, based on a 50 ft maximum from Contractor's truck. City: The City of Bremerton, Washington Commercial/Industrial Customers: Non -Residential Customers, including businesses, institutions, governmental agencies, and all other users of commercial -type Garbage collection services. Commercial Recycling Customers: Commercial/Industrial customers who voluntarily sign up for this service. Compostable Organics: Any organic waste material that is source -separated for processing or composting, such as Yard Debris and Food Waste generated by any Residential or Commercial Customer. Contractor: Waste Management of Washington Inc., which has contracted with the City of Bremerton to collect, process, market and transport Garbage, Recyclable Materials, and Compostable Organics within the City limits. County: Kitsap County, Washington 2 Contamination: Any non -recyclable and/or excluded items as contained in Exhibit D. Contractor: Waste Management of Washington, Inc. Contract Administrator: The City's Public Works & Utilities Director or a person designated by that individual. Curb or Curbside: The area within five (5) feet of the public street or alley where regular collection occurs. If safe access is difficult, if placement would impact access to the sidewalk, or extraordinary circumstances preclude such a location, curbside shall be considered a placement suitable to the resident, convenient to the Contractor's equipment, and agreed to by the Contractor. 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; Disposal Fee: The fee charged by the Contractor for the disposal of any Garbage. Drop -Box Container: An all -metal container with ten (10) cubic yards or more capacity that is loaded onto a specialized collection vehicle. Food Waste: All compostable pre- and post -consumer food scraps, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds and egg shells, and food - soiled paper such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, paper milk cartons or other paper products accepted by the Contractor's selected composting site. Food Waste shall not include large dead animals, plastics, diapers, cat litter, liquid wastes, pet wastes or other materials prohibited by the selected composting facility. Garbage: All putrescible and non-putrescible solid and semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, and discarded commodities that are placed by customers of the Contractor in appropriate bins, bags, cans or other receptacles for collection and disposal by the Contractor. The term Garbage shall not include Hazardous Wastes, Special Wastes, source -separated Recyclables or Compostable Organics 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 O"RCRA") of 1976, 42 U.S.C. ss 6901 et seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA') OF 1984; THE Toxic Substances Control Act, 15 U.S.0 ss 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 the City after the Date of Execution of this Contract. Inaccessible Area: Any road that does not allow safe access, turn -around, clearance or does not meet the weight requirements for Contractor trucks. Low Income/Disabled Customer: A Customer will be considered to meet the threshold for a low-income disabled discount when they meet the criteria established in Bremerton Municipal Code 15.06.060, which references RCW 46.19.010 or 74.18.020(4) and 70.164.020(4). The City shall be responsible for designation of any low-income disabled Customer and provide such information to the Contractor for billing purposes. Multifamily Residence: All multiple -unit Residences including apartments, condominiums, town houses, and mobile home parks with three (3) or more dwelling units (or any complex that is billed as a group). Street: Public right of way or a Private Street used for public travel. Recyclable Material: Those certain materials as contained in Exhibit C. Temporary Service: Any non -permanent temporary service less than ninety (90) days. Recycling Carts: A Contractor -owned and provided labeled cart suitable for on-site collection and/or storage of source -separated Recyclables and Compostable Organics at Residential and Multifamily locations. Residence: A living space individually rented, leased, or owned. Residential: Single Family and Multifamily Customers. Small businesses that generate limited amounts of Recyclable Materials so as to be contained within a Cart(s) may subscribe to Residential services. Service Area: The municipal boundaries of the City both now and as they may be expanded by annexation during the life of the contract, subject to the provisions of RCW 35.13.280. Single Family Residence: All single unit houses, duplexes, and mobile homes where service is billed to the individual customer. Single Stream Recycling: also known as "fully co -mingled" recycling refers to a system in which all Recyclable Materials are placed together in the same Recycling Cart, instead of being sorted into separate commodities by the resident. Special Waste: The term "Special Waste" means polychlorinated biphenyl ("PCB") wastes, industrial process wastes, asbestos containing materials, petroleum contaminated soils, treated/de-characterized wastes, incinerator ash, medical wastes, demolition debris and other materials requiring special handling in accordance with applicable federal, state, county or local laws or regulations. Yard Debris: Leaves, grass and clippings of woody, as well as fleshy plants. Unflocked whole holiday trees, if cut in half, are acceptable. Materials larger than four (4) inches in diameter or four (4) feet in length are excluded. Bundles of Yard Debris up to two (2) feet by two (2) feet by four (4) feet in dimension shall be allowed and shall be secured by degradable string or twine, not nylon or other synthetic materials. Kraft paper bags and untied reusable bags may be used to contain Yard Debris. ARTICLE I AGREEMENT, TERM 1.1 Agreement The City of Bremerton (hereinafter referred to as "City"), hereby agrees that Waste Management of Washington Inc. (hereinafter referred to as "Contractor"), shall have the exclusive right to collect Garbage, Recyclable Material and Compostable Organics within the city limits, to the extent allowed by law, including all work incidental thereto, upon the terms and conditions set forth below. 1.2 Term The term of this Contract is ten (10) years, starting January 1, 2019, and expiring December 31, 2029. The parties may, by mutual agreement, extend the agreement for two (2) successive periods of two (2) years each. Any such extension shall be under the original terms and conditions of this Contract, unless modified. To exercise the option to extend this Contract, the parties shall agree in writing not less than 180 days prior to the then expiring Contract term. 1.3 Mandatory Service Pursuant to Bremerton Municipal Code, use of the Garbage collection system is compulsory for all Residential, Multifamily and Commercial customers within the City. 1.4 Exclusive Right; Agreement Enforcement The City does hereby grant to Contractor the exclusive duty, right and privilege to collect and dispose, process and market or otherwise handle all Residential, Commercial, and Industrial Garbage generated, deposited, accumulated or otherwise coming to exist in the City, and all 5 Residential Multifamily Recyclable Materials and Compostable Organics generated, deposited, accumulated or otherwise coming to exist in the City. When asked by the Contractor, the City shall use its best efforts to protect this right of the Contractor; however, the City shall not be obligated to join or instigate litigation to protect the right of the Contractor. The Contractor may independently enforce the exclusive rights under this Contract against third party violators, including but not limited to seeking injunctive relief, and the City shall use good faith efforts to cooperate with Contractor in Contractor's actions to enforce such rights (without obligating the City to join any litigation initiated by Contractor). ARTICLE II GENERAL OPERATIONS 2.1 Collection 2. 1.1 General The services to be performed consist of the collection of the Garbage, Recyclable Material, and Compostable Organics herein referred to which occur within the City of Bremerton and disposal or recycling thereof. The collection of Hazardous Waste is not included within the scope of this Agreement, and Contractor shall be under no obligation to collect any Hazardous Waste. Nothing herein is intended to prevent Contractor from collecting, transporting and/or disposing of any non -hazardous or hazardous toxic waste in accordance with applicable federal and state requirements and regulations, so long as such actions are performed separate and apart from any action taken in the performance of this Agreement. 2.1.2 Collection Schedule The collection of Garbage, Recyclable Materials and Compostable Organics from Single Family and Multifamily customers within the City shall be between the hours of 7:00 AM and 6:00 PM. The collection for Commercial customers will be between the hours of 5:00 AM and 6:00 PM. Collection at City facilities that are secured after hours shall be coordinated to occur during work hours. Collection at the City's Wastewater Treatment Plant shall be performed between the hours of 6:00 AM and 2:30 PM, and between the hours of 8:00 AM and 3:30 PM at the Sheridan Center and Blueberry Park. Collection at the Public Works and Utilities compound shall be between 7:00 AM and 4:00 PM. These times (and service times to other City facilities) may be adjusted by the City during the term of this contract. 2.1.3 Collection Locations Contractor shall collect Garbage, Recyclable Materials and Compostable Organics at Curbside from all Single Family Residences. Contractor may refuse to pick up materials at locations identified by Contractor and approved by the City, acting reasonably, where, because of the conditions of the streets, alleys or roads, it is impractical to operate vehicles, and may refuse to drive into private property where driveways or roads are without adequate turnarounds or have other unsafe conditions. Contractor shall collect materials from Commercial and Multifamily Customers at a location mutually agreed upon by the Contractor and the customer, in areas with the least slope and best truck access possible and which allow Contractor to safely and easily access collection containers. 2.1.4 Collection from Seniors or Physically Challenged The Contractor shall offer carry -out service for Garbage, Recyclables and Compostable Organics to households lacking the ability to place containers at the Curb, at no additional charge. The Contractor shall use qualification criteria that are fair and meet the needs of the City's senior or disabled resident. However, exemptions may be granted in writing by the Contractor to accommodate the special needs of customers. These criteria shall comply with all local, state and federal regulations. 2.1.5 Dangerous Animals Contractor will not be required to enter into private property to pick up materials while safe conditions in the Contractor's sole opinion, cease to exist 2.1.6 Employees to Use walk ways if Carry -out Service Directed Employees, in performing collections, shall follow the regular walk ways for pedestrians (if available) while on Customer property, returning to the street or alley after replacing empty Containers or Carts. They shall also replace all Garbage cans and covers and close all gates opened by them. All employees shall wear clean clothing or uniforms. 2.1.7 Employees Not to Trespass Employees shall not trespass or loiter, cross property to an adjoining premise, or meddle with property which does not concern them. 2.2 Contractor to Make Examination Contractor shall make its own examination and investigation regarding the proper method of doing the work and all conditions affecting the work to be done, and the labor, equipment and materials needed therefore and the quantity of work to be performed. Contractor agrees that it is satisfied with its own investigation and research, and will make no claim against City because of any of the estimates, statements, or interpretations made by any officer or agent of the City. This Agreement is for the benefit of the parties hereto and is not intended to inure to the benefit of any third party. 2.3 Employees All Contractor employees performing collections shall be competent and skilled in the performance of the work to which they may be assigned. All drivers must have a C.D.L. "B" or "A" license and a current medical card. Failure or delay in the performance of this Contract due to Contractor's inability to obtain workers of the number and scope required, shall constitute a default of this contract. 2.3.1 Non -Discrimination The Contractor will not discriminate against any employee or applicant for employment because of age, race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based on a bona fide occupational qualification. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their creed, religion, race, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to the following: Employment upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment any required notices setting forth the provisions of this nondiscrimination clause. Contractor understands and agrees that if it violates this nondiscrimination provision, this contract may be terminated by the City and further that the Contractor shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactorily to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. 2.3.2 OSHA/WISHA 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. The Contractor shall indemnify and hold harmless the City from all damages assessed for the Contractor's failure to comply with the Acts and standards issued thereunder. The Contractor is also responsible for meeting all pertinent local, state and federal health and environmental regulations and standards applying to the operation of the collection processing system. 2.3.3 Compliance with Laws Contractor agrees to comply, at its own expense, with all applicable State, Federal and Local Laws, rules and regulations, including, but not limited to, all applicable laws regarding wages, vehicle weight, axle bridging and loading. 2.3.4 Employees to be Courteous, Etc. Contractor employees shall at all times be courteous and refrain from using inappropriate or obscene language, exercise due care, perform their work without delay, minimize noise, and avoid damage to public or private property. While performing work under this Contract, Contractor employees shall wear a professional and presentable uniform with company emblem. 2.4 Company Name Contractor shall not use a firm name containing any words implying municipal ownership or including the name of the City. 2.5 Contractor's Offices Contractor shall be required to maintain a local access telephone number or 800 number which meets the approval of the City, and such attendants as may be necessary to take care of complaints, as well as orders for special service or to receive instruction. The attendant shall be on duty between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except holidays. At such times as the office is closed, a recorder shall be in operation. 2.6 Permits and Licenses: Contractor shall secure and pay for a City business license and pay fees and taxes levied by the City or any other governmental authority relating to the services and activities under this Contract. 2.7 Public Utilities Contractor shall be obligated to protect all public and private utilities whether occupying street, public or private property. If such utilities are damaged by reason of Contractor's operations under this Contract, Contractor shall repair or replace same. 2.8 Loading Contractor shall take extra care in the loading and transporting of Garbage, Recyclables, Compostable Organics and other wastes so that the material to be collected is not left either on private property or on the streets or alleys. Any Garbage, Recyclables, Compostable Organics or other wastes left on private property or on streets or alleys spilled by Contractor shall be cleaned up within a reasonable timeframe. 2.9 Cleanup of Spills Contractor shall be responsible for the cleaning up of all debris spilled or tracked on any street, alley or public place by any of his employees or equipment. 2.10 Disruption of Collection 2. 10.1 Disruption of Collection Due to Weather and/or Road Conditions When weather conditions are such that continued operation would result in danger to the Contractor's staff, area residents, or property, or when road conditions such as flooding or weight restrictions affect road use, Contractor shall collect only in unrestricted areas that do not pose a danger to residents and Contractor employees and equipment. Contractor shall notify the City, on the same business day, of the areas not served. The Contractor shall collect Garbage, Recyclables and Compostable Organics from customers with interrupted service on their next scheduled service day. Extra Garbage will not be charged for as long as it does not exceed double the customer's normal service. 2.10.2 Holiday Schedules The Contractor shall designate which holidays will be observed and indicate the schedule that will be worked if the holiday falls on a regular collection day. The holiday schedule for the next year shall be provided in writing by the Contractor to the City. When the day of regular collection is a legal holiday, the Contractor may reschedule the service to the next day, example: Monday to Tuesdays, Tuesday to Wednesday, Wednesday to Thursday, Thursday to Friday and Friday to Saturday. The Contractor may not collect Residential Garbage, Recyclables or Compostable Organics earlier than the regular collection day due to a holiday. Commercial collections may be made one day early only with the consent of the Commercial Customer. Collection at City facilities that are secured after work hours shall be adjusted to avoid all federal holidays. For 2018 these locations include the City's wastewater treatment plant, Sheridan Center, 9 Blueberry Park, and the Public Works Compound. The City may elect to secure other facilities after work hours during the term of this contract. 2.10.3 Missed and Makeup Collections If Contractor fails to collect a customer's Garbage, Recyclable Material or Compostable Organics which have been properly and timely set out for collection during a regularly scheduled collection, other than as provided in Section 2. 10.1 or 2.10.2, the Contractor shall make a special make up collection within 24 hours (or one business day) of notification by the City or customer. This section applies to omitted collections of a single residence, a row of residences, or an entire route. If Contractor fails to provide a special pickup for a missed collection within twenty-four (24) hours (or one business day) after notification by the City or customer, the City may cause the work to be done and the Contractor shall fully reimburse the City for its collection expenses. 2.11 Collection Equipment Contractor shall possess or demonstrate to the City's reasonable satisfaction that it has available to it adequate equipment and vehicles, including reserve or replacement vehicles and equipment, sufficient to perform the services required of Contractor herein. Contractor shall maintain all trucks and equipment used within the City in good mechanical condition and the same shall be clean, numbered and uniformly painted. No later than January 1, 2020, all collection trucks deployed in the City shall be compressed natural gas (CNG) vehicles and shall be ten (10) years old or newer. All truck bodies used by Contractor shall be constructed of metal and shall be watertight and leak proof. Each vehicle used by Contractor shall carry at all times a broom and shovel or other item appropriate for use in the prompt removal of any spilled material. All vehicles used by Contractor shall have adequate coverage at all times to prevent the spillage of collected materials. 2.12.1 Reserve Equipment The number and type of collection vehicles, including back up or reserve equipment in event of equipment failure, furnished by Contractor, shall be sufficient for the collection of all Garbage, Recyclable Materials and Compostable Organics. Contractor shall make available for rental detachable containers which meet all applicable safety requirements. 2.12.2 Painting and Cleaning of Vehicles Collection vehicles shall be painted and numbered and shall have the Contractor's name and number of the vehicles painted in letters of a contrasting color, at least four (4) inches high on each side of each vehicle. No advertising shall be permitted other than the name of the Contractor. All vehicles shall be kept in a clean and sanitary condition. 2.13 Subcontractors Contractor may not subcontract any non -incidental portion of the services required by this Contract without the specific written consent of the Contract Administrator, which shall not be unreasonably withheld. Such consent shall not relieve Contractor from its responsibilities under this Contract for the services performed by a subcontractor. 10 2.14 Method of Processing and Disposal Contractor shall deliver all Garbage collected under the Contract to the Kitsap County Disposal System, unless otherwise negotiated with the City. If Kitsap County disposal system is not available then Contractor shall dispose of all Garbage at the most feasible permitted and licensed site or facility where such disposal is lawful, as selected by Contractor in its sole discretion. If the alternate disposal site or facility is more than five (5) miles from City Hall, the Parties shall confer and mutually agree upon a rate adjustment for such disposal costs, taking into account the Contractor's actual cost, among other factors and considerations. Contractor shall deliver all Recycle Materials and Compostable Organics collected under this Contract to permitted facilities of its choosing for the processing or disposal of such materials. 2.15 Service to City Facilities As partial consideration for this Contract, Contractor shall provide free regular collection of Garbage, Recyclables and Compostables to those City -owned facilities listed in Exhibit B ("City Facilities"). Such free regular collection shall not apply to material which (i) is other than Garbage Recyclables or Compostables, generated at such City facilities through normal operations and regular weekly service at the facilities listed in Exhibit A (e.g., construction and demolition waste), (ii) is not generated by the City, or (iii) is collected by third parties and delivered to a City facility. All locations must be accessible to Contractor's trucks. If there is a material increase in the number of City facilities and/or services during the term of this Contract, then the Parties shall meet and confer in good faith to negotiate an appropriate adjustment to Contractor's rates set forth herein. Roll Off collection services requested by the City in addition to service at City parks, will be charged according to the Rate Schedule. 2.16 City Events Contractor shall provide no charge collection service for Bremerton's Blackberry Festival and Armed Forces Day Parade. Each year, the City will provide Contractor with a list of events to be held at City locations to help ensure service is provided as necessary. The City and Contractor shall jointly review the list annually and as necessary throughout the year. These events services shall be charged pursuant to Exhibit A/rate schedule. 2.17 Service Area The Contractor shall provide all services pursuant to this Contract within the City Service Area. 2.18 Carts and Containers Contractor shall retain ownership of any Carts or other Containers provided by Contractor in performing the services under this Contract. Cart deliveries (for new or replacement Carts) shall be subject to the service rate schedule in Exhibit A. Contractor shall affix and maintain the service address upon all Carts and Containers in a manner that is readily visible and indelible (engraved, written or other.) 2.19 Solar Compactors The Contractor shall provide and install, at no additional cost to the City, eight (8) BigBelly Solar compactors at locations mutually agreed upon by the Parties. At the conclusion of the initial term of this Agreement, title to the solar compactors shall convey to the City. ARTICLE III REPORTING REQUIREMENTS 3.1 Reporting Requirements The Contractor will be required to keep records and submit them to the City as specified below. The minimum reporting requirements set forth below are subject to modification, and shall include: 3. 1.1 Annual Program Reports The Contractor shall submit Annual program reports for the length of the Contract period commencing upon the initial day of the Contract. These reports shall be completed by February 15 for the previous calendar year. The City may request program reports at any time during the calendar year but allowing the Contractor 30 days to prepare the reports. These reports shall clearly indicate individual totals for single family, multifamily and commercial collection. At a minimum, the reports shall include: a. Monthly summary of Recyclable Materials and Compostable Organics by tonnage, collected and recovered (not disposed of at landfill), by customer category. b. Residential Recycle participation (Count customers twice a year, April and October). C. Monthly summary of Garbage tonnage, by customer category. d. Customer complaint report, missed pick-ups, missed deliveries, etc. e. Report of parcel data that shows locations that do not have subscription service 3.2 Contractor's Records; Access Inspection The City shall have the right to inspect and copy all books, records and documents, and to interview any person, and to review any evidence in Contractor's possession and control that may assist the City in determining whether the Contractor is in compliance with the Contract. Contractor shall retain all records relevant to determining its compliance with this Contract for a period of five years after termination. 3.3 Bad Debt Report Contractor shall, on a monthly basis, provide the City with a report of all Single Family, Multifamily, or Commercial units within the City who are in bad debt. 12 ARTICLE IV INSURANCE AND SAFEGUARDS 4.1 Insurance and Safeguards 4.1.1 General Requirements Prior to the commencement date, Contractor at its own expense shall obtain and file with the City a Certificate of Insurance evidencing commercial general liability insurance coverage (including all of the coverages set forth below). This Certificate of Insurance shall be subject to approval by the City as to company, terms and coverages. All insurance shall be written on an occurrence basis. 4.1.2 Additional Insurance Contractor's liability insurance must specifically name the City as an additional insured thereunder and must fully protect the City from any and all claims, risks and losses in connection with any activities or omissions by the Contractor by virtue of this Contract. Contractor must require its subcontractors to have adequate insurance for their activities as respects the City, and to name the City as an additional insured. In the alternative, Contractor's insurance must explicitly protect the City for the acts and omissions of Contractor's subcontractors. 4.1.3 Continuance Contractor's liability insurance must be maintained in full force and effect at the Contractor's sole expense for liability for property damage or bodily injury that may occur in connection with activities or omissions by the Contractor arising under or related to this Contract. The City shall be given thirty (30) calendar days prior written notice of cancellation, except ten (10) days' notice for cancellation due to non-payment of premium. 4.1.4 Coverages 4.1.4.1 Endorsements Said insurance policy and/or an endorsement thereto, as evidenced by the Certificate of Insurance, must provide the following minimum coverages and limits and contain the following provisions: a. Bodily Injury b. Employees as Additional Insured c. Premises/Operations Liability (M&C) d. Products and Completed Operations Liability e. Blanket Contractual Liability f. Broad Form Property Damage Liability (including completed operations) g. Personal Injury with no employee exclusion h. Stop Gap or Employers Contingent Liability i. Automobile Liability, including coverage for owned, non -owned, leased or hired vehicles 13 4.1.4.2 Minimum Limits All Coverages: $1,000,000 per occurrence and $2,000,000 aggregate. The providing of coverage in this stated amount shall not be construed to relieve the Contractor from liability in excess of such limits. The City shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract. Contractor will assess its own risks and, if it deems appropriate and prudent, maintain greater limits. 4.1.5 Other Insurance Provisions 4.1.5.1 Minimum Scope of Insurance Automobile liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form proving equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial general liability insurance shall be written on ISO occurrence for CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. 4.1.5.2 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 4.1.5.3 Contractor's Insurance Primary The Contractor's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. The Contractor's insurance shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities, and obligations to which coverage applies. 4.2 Performance Bond Contractor shall furnish to the City a proper performance bond to be approved by the City Attorney, conditioned that Contractor shall faithfully perform all the provisions and terms of the contract and related documents and pay all laborers, mechanics and subcontractors and material persons, and all persons who shall provide such Contractor with provisions and supplies for the carrying on of such work; which bond shall be signed by Contractor and two more good and sufficient sureties or with Surety Company as Surety, and shall be in the amount of One Hundred Thousand Dollars ($100,000.00). Said bond shall at all times be kept in full force and effect during the term of this Agreement. Contractor agrees to pay all costs, including attorney's fees, associated with the enforcement of said bond. 14 4.3 Indemnification and Hold Harmless Agreement 4.3.1 Indemnification The Contractor shall indemnify and hold the City and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, loss, damages, or costs, of whatsoever kind or nature, brought against the City arising out of, or in connection with, or incident to, the execution of this Contract and/or the Contractor's performance or failure to perform any aspect of this Contract; provided, however, that if such claims are caused by or result from the concurrent negligence of the City its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Contractor and provided further, that nothing herein shall require the Contractor to hold harmless or defend the City, its agents, employees, and/or officers for damages or loss caused by the City's sole negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 4.3.2 Waiver of RCW Title 51 With respect to the obligations to hold harmless, indemnify and defend provided for herein, as they relate to claims against the City, their 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 which is caused by or arises out of the Contractor's exercise of rights of privileges granted by this agreement. This waiver is mutually agreed to by the parties. 4.4 Compliance Required Failure of the Contractor to fully comply with any and all of the terms of the foregoing insurance or bond provisions shall be considered a material breach of this contract and unless cured by Contractor within 7 days after written notification from the City, shall be cause for its immediate termination at the option of the City. 4.5 Survival The provisions of Sections 4.3.1 and 4.3.2 shall survive the expiration or termination of this Agreement. 15 ARTICLE V GARBAGE COLLECTION 5.1 Garbage Collection Residential Garbage shall be collected weekly by the Contractor. Commercial and Multifamily Garbage shall be collected by Contractor in accordance with the frequency, service levels and rates set forth in Exhibit A. 5.1.1 Carts Residential Garbage will be collected in Contractor provided Carts and each customer shall be required to use a Contractor -owned Cart as a primary collection container. Extra materials which do not fit neatly within the customer's primary Cart shall be collected for a fee as set forth in rate schedule and may be placed adjacent to the primary Cart in customer provided cans, bags, or other receptacles which can be safely collected by Contractor's personnel and equipment. All Multifamily Garbage and Commercial Garbage will be collected in Contractor provided Carts or Containers, and extra materials which do not fit neatly within the customer's primary Cart or Container shall be collected for a fee as set forth in rate schedule and may be placed adjacent to the primary Cart or container in customer provided cans, bags, or other receptacles which can be safely collected by Contractor's personnel and equipment. Commercial customers may provide their own compactors or containers, provided such can be safely and effectively handled by Contractor's personnel and collection vehicles. 5.1.2 Bulky Items and White Goods Upon request from the City, the Contractor shall provide separate collection of bulky items and white goods (large home appliances such as washing machines, refrigerators (without CFCs), stoves, etc.) on a call-in basis. Residents will be charged fees according to the Service Rate Fees in effect at the time of the request. ARTICLE VI CITY CLEANUPS 6.1 City Clean up ("Beautify Bremer -ton") The Contractor will provide labor, roll off boxes and disposal for this annual event. Clean up sites will be provided at up to eight (8) locations within the City. City will provide employees to monitor the sites and to load material into roll off boxes. Hours shall be 9:00 AM to 3:00 PM. Scheduling of this one day clean-up will be by mutual agreement. The Contractor will be responsible for a maximum of $12,000 of cost for this event each year, and any Contractor costs incurred over this amount will be reimbursed by the City. 16 ARTICLE VII RECYCLABLE MATERIALS COLLECTION 7.1 General Recycling Provisions Residential Recyclable Materials shall be collected every other week, on the same days as Garbage collection from all participating Single Family Customers as part of basic Garbage collection services. The cost of Residential Recyclables collection shall be included in the rates for Residential Garbage collection set forth in Exhibit A. Up to 96 gallons (64 gal is default) of extra Recyclables which does not fit within the Contractor provided Cart will be collected free of charge from Residential customers, but any additional materials shall be subject to the fees set forth in Exhibit A. Multifamily Recyclable Materials shall be collected every other week. The cost of Multifamily Recyclables collection shall be included in the rates for Multifamily Garbage collection set forth in Exhibit A. Multifamily customers may set out an equal volume of Recyclable material to the volume of Garbage service (e.g., 1 cubic yard of garbage, 1 cubic yard of Recyclables) as part of the embedded service. Any additional Recyclable materials set out shall be subject to the fees set forth in Exhibit A. 7.2 Recycling Carts Contractor will provide a 35 -gallon, 64 -gallon or 96 -gallon cart to all Residential customers for Single Stream Recycling. The default Cart size shall be 64 gallons, unless a customer requests a different size. Commercial and Multifamily Recycling shall be collected either in Carts or containers provided by Contractor, based upon the volume of service. 7.3 Contamination In the event of visually observed contaminants, the load may be rejected and/or Customer may be charged additional processing, return or disposal costs. ARTICLE VIII COMPOSTABLE ORGANICS COLLECTION 8.1 Compostable Organics Collection Compostable Organics shall be collected from Single Family Residence customers who choose to subscribe for such service, on an every -other -week basis (on the same weeks as Recyclables collection) on the same days as Garbage collection, at the rates set forth in Exhibit A. All Single Family Residence customers who subscribe for Compostable Organics collection will be provided a 96 -gallon cart. Yard Waste and Food Waste may be commingled by Residential customers in the Compostable Organics collection Cart. Small Commercial and Multifamily customers may also participate in the Compostable Organics collection program, for the fees set forth in Exhibit A. Such Commercial and Multifamily customers shall be provided a 96 gallon Cart. 8.2 Contamination In the event of visually observed contaminants, the load may be rejected and/or Customer may be charged additional processing, return or disposal costs. 17 ARTICLE IX COMPENSATION 9.1 City Administrative Fee The Contractor shall pay to the City an annual Administrative Fee by the 25th of each month beginning January 1, 2019 The initial annual (1St year) amount of the Administrative Fee will be One Hundred and Fifty thousand dollars ($150,000.00), due in monthly installments. The Administrative Fee will be adjusted each year by the same percentages described in sections 9.2 and 9.3. The Administrative Fee may be changed by the City in any year upon Contractor approval, provided that the change occurs with the annual CPI Adjustment described in Section 9.3. The City shall notify the Contactor of the new Administrative Fee for the following year by June 1St. In the event the Administrative Fee is adjusted, either up or down, the Parties shall negotiate an appropriate adjustment to Contractor Rates in consideration of the new Administrative Fee amount, and any associated B&O tax. 9.2 Contractor Rates The Contractor shall be responsible for billing and collecting funds from Single Family, Multifamily, and Commercial Customers. For calendar year 2019, Contractor shall bill in accordance with the charges for services listed in Exhibit A. For calendar year 2020 through the end of the term of the Contract, the then existing rates set forth in Exhibit A shall be adjusted annually in accordance with the CPI adjustment set forth in Section 9.3. The Contractor may occasionally provide other services related to solid waste collection in the City not specifically provided for under Exhibit A of this Agreement. In that event, the Contractor shall use then current rates approved by the WUTC under the Contractor's WUTC Tariff in the area closest in proximity to the City (as may be amended from time to time) for the service provided. If the intended services are not covered by either this Contract or the Contractor's WUTC tariff, the Contractor shall notify the City and propose a customer rate for the service. Upon approval of the City, the Contractor may proceed to offer that service. The Contractor shall charge the rates set forth in Exhibit A, as adjusted over time under this Contract, for all services performed. The Contractor shall be responsible for billing and collecting funds from Residential, Multifamily, Commercial and Industrial customers in accordance with the charges listed in Exhibit A - Service Rate Schedule. 9.3 CPI Adjustment Commencing on January 1, 2020 and on the same date annually thereafter (the "Adjustment Date"), the City Administrative Fee and the collection component of Contractor's rates set forth in Exhibit A, (as adjusted hereunder), shall be automatically increased by 100% of the annual percent increase in the Consumer Price Index for All Urban Consumers: Water and sewer and trash collection services ("CPI") (Series CUUROOOOSEHG), as published by the Bureau of Labor Statistics. The first adjustment will be based on the change in CPI as described above, of the August 2018 published index to the August 2019 published index. Contractor's rates 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 annual CPI adjustment in any given year shall not be less than zero or more than 8%. 18 9.4 Pass Through of Disposal and Processing Fee Increases Periodic adjustments shall be made to Contractor's collection rates to pass through any increase in fees for disposal of Garbage, Recyclables Materials or Compostable Organics. 9.5 Roll off Disposal Fees On all disposal fees billed directly to customers for roll off hauling services, the Contractor shall include a 15% mark-up applied to the disposal portion of the customer invoice only. 9.6 Rate Adjustments for Extraordinary Issues. Contractor's Rates set by this Agreement are calculated to pay certain expenses and costs that are of a contingent and uncertain nature. Therefore, in addition to the CPI Adjustment, Contractor's Rates shall, upon written request of Contractor and approval by the City, be further adjusted on an interim basis for increased expenses or reduced revenue associated with performance of the services hereunder due to any one or more of the following causes: (a) Material changes in WM's costs resulting from a Force Majeure event that are not covered by Waste Management's insurance; (b) if required, initiated, or approved by the City, added fees or changes in the scope or method of services provided by Contractor; (c) any change in Applicable Law that becomes effective after the Effective Date of this Agreement or the date all parties have signed, whichever date comes earlier; (d) any increase in fees for the processing of Recyclable Materials or Compostable Organics; (e) any increase in surcharges, fees, assessments or taxes levied by federal, state or local regulatory authorities or other governmental entities in relation to the Services; (f) a material increase in the volume of Recyclable Materials, Compostable Organics, or other materials collected by Contractor hereunder, whether caused by customer growth and/or annexation; (g) any other extraordinary circumstances or causes or reasons that are not within the reasonable control of Contractor. If Contractor requests an adjustment due to the extraordinary circumstances set forth above, Contractor shall prepare a rate adjustment request setting forth its calculation of the increased costs or reduced revenue and accompanying rate adjustment necessary to offset such increased costs or reduced revenue. The City may request any and all documentation and data reasonably necessary to evaluate such request by 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 WM. The City shall act within thirty (30) days of receipt of the request from WM, but shall approve the request if reasonably sufficient supporting information is provided. Notwithstanding the foregoing, if the request is based upon any new or increased third party fees, taxes, assessments or charges, the City shall approve the interim rate adjustment within such time 19 period as necessary to ensure that such fees, taxes, assessments or charges are passed on to customers by the date the same are effective. 9.7 Changes in Recyclable Markets/Costs. In the event that a change in Applicable Law or a material change in market conditions affecting recyclable material markets occurs, including but not limited to lack of commercially reasonable market availability for a type of processed Recyclable Material, changes in market specifications affecting the salability of a type of processed Recyclable Material, or changes affecting the recyclability or marketability of a type of processed Recyclable Material (each a "Material Change"), and such Material Change has the effect of materially altering the terms of this Agreement, or preventing or precluding compliance with one or more provisions of this Agreement, or preventing, precluding or substantially affecting the benefit(s) bargained for under this Agreement, including a substantial change in profits of Contractor, this Agreement shall be modified or suspended, including disposing of materials that have no viable market, as may be necessary to comply with, ameliorate, or prevent the detrimental effects on the Agreement of, such Material Change. A party detrimentally affected by a Material Change shall so notify the other party and request amendment to this Agreement accordingly, and the Parties shall engage in good faith negotiations regarding such amendments of this Agreement that reflect the extent to which the provisions hereof have been, or should be, so modified or suspended. If a Material Change precludes or substantially reduces any of Company's Rates or other revenues, then the parties shall modify this Agreement in accordance with this provision in order that Contractor can achieve, on an ongoing basis, profits that existed immediately prior to the Material Change. ARTICLE X BILLING SERVICES AND CUSTOMER EDUCATION 10.1 Contractor Billing Contractor shall be responsible for billing and collection of all charges, fees and taxes for the collection of Garbage, Recyclable Materials and Compostable Organics pursuant to this Agreement. Contractor shall also perform all customer service functions related to billing and responding to any customer inquiries. Upon request, Contractor will incorporate City customer service messages, up to two (2) times per calendar year, as an insert in the bill. Contractor may charge customers a fee, as contained in Exhibit A, for customers who choose to use a paper invoice and bill pay process. If the City ever levies a utility tax or other gross receipts tax, Contractor agrees to collect and remit such taxes to the City without any additional charge for the administrative expense incurred in collection and remitting such taxes. Contractor may charge customers an account set-up fee, as contained in Exhibit A, for all new accounts. The City retains the right to take over responsibility for the billing of customers and the customer service functions under the Contract, at any time during the term, upon ninety (90) days written notice to Contractor. If the City exercises this option, then the Parties shall meet and confer in good faith to discuss any changes or adjustments to this Contract which may be necessary for the City to take over these billing and customer service functions, including the City's assumption of the risk of bad debt collection. 20 10.2 Collection for Non -Payment Contractor may bill to customers a late payment fee, interest, NSF check charges, as well as all costs associated with bad debt collection. If a customer becomes 60 days delinquent on a Contractor invoice, Contractor may discontinue service and may then make arrangements for third party collection and/or lien the property for the debt. Contractor will report to the City monthly customers who have had their service discontinued for non-payment. 10.3 Low -Income Disabled Discount Customers meeting the criteria outlined in Bremerton Municipal Code 15.06.060 shall qualify for a low-income disabled discount as defined in Exhibit A. The City will provide the Contractor a monthly accounting of all City Utility customers that have been qualified as low-income disabled. Only customers approved by the City shall be eligible for the low-income disabled discount. Contractor may only use the customer information for garbage collection and billing purposes, and will not disclose this information to third parties. 10.4 Suspending Collection from Problem Customers The City and Contractor acknowledge that, from time to time, some customers may cause disruptions or conflicts that make continued service to that customers unreasonable. Those disruptions or conflicts may include, but not be limited to, repeated damage to Contractor -owned Carts/Containers, repeated refusal to position Garbage, Recyclable Materials, Compostable Organics container properly for automated collection, 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. Contractor shall make reasonable efforts to provide service to those problem customers. However, Contractor may deny or discontinue service to a problem customer if reasonable efforts to accommodate the customer and to provide services fail. Contractor shall notify the City in writing of such discontinued service. If the customer submits a written letter to the City appealing Contractor's decision, the City may, at its discretion, intervene in the dispute. In this event, the decision of the City shall be final. The City may also require the denial or discontinuance of service to any customer who is abusing the service or is determined to be ineligible. 10.5 Promotion, Education, and Outreach Contractor shall keep the public informed of programs and encourage participation through an Annual Service Update. Each fall, Contractor shall provide an Annual Service Update for the Single Family Residences, the format, content and timeframe of which shall be subject to prior review and approval by the City. The Annual Service Update shall be mailed to all Single Family Residences and, at a minimum, shall include an informational brochure indicating all services available, preparation and other service requirements, contact information, inclement weather and other policies, a collection calendar and other useful customer information. Each year, the Contractor will implement a reduction, reuse and recycling education and outreach program that encourages Single Family, Multifamily and/or Commercial customers utilizing cart -based service to increase recycling or composting or decrease contamination. The program will be designed each Fall with feedback and approval from the City. 21 ARTICLE XI DEFAULTS 11.1 Termination The failure of Contractor to comply with the material terms of this Contract within ten (10) days after having received written notice from the City by certified mail, return receipt requested, at Contractor's mailing address, and a thirty (30) day opportunity to cure such defects, shall constitute grounds for termination of the Contract at the option of the City. 11.2 Liquidated Damages As a breach of the service provided by this Contract would cause serious and substantial damage to City and its residents, and the nature of this Contract would render it impracticable or extremely difficult to fix the actual damage sustained by City by such breach, it is agreed that in case of breach of service, City may elect to collect liquidated damages for each such breach and Contractor shall pay City as liquidated damages and not as penalty, the amount set forth below, such sums being the amount which City will be damaged by the breach of such services. An election to seek such remedy shall not be construed as a waiver of any remedies City may have as to any subsequent breach of services under this Contract. A truck making Residential collection prior to 7:00 a. in, or after 6:00 p.m. without city approval per day................................................................................. $50.00 Repetition of Complaints on a route after notification to replace can or detachable container in designated locations, spilling, not closing gate, crossing planted areas, or similar violations............................................................ $25.00 Landfilling or burning uncontaminated Recyclable Material without the express written consent of the Contract Administrator or as otherwise allowed under this Agreement per vehicle, no maximum........................................................................$25.00 Liquidated Damages will be reasonably applied and may be levied only if documented in an incident report presented by the City to the Contractor. The Contractor shall be notified and provided a copy of an incident report and shall be given 24 hours to cure the problem (if applicable) before Liquidated Damages are invoiced to the Contractor, except in the case of incidents for which, due to the nature of the event, a "cure" is not possible. Such liquidated damages as City shall elect to collect shall be billed to Contractor and be paid within twenty (20) days. Application of these damages may be appealed within ten (10) days by Contractor to the Contract Administrator, whose decision shall be final. Liquidated damages will not be assessed by the City for the first 60 days from the start up date but the Contractor must make every effort to minimize all complaints during the start up period. 22 ARTICLE XII ANNEXATION 12.1 Agreement Rights/Annexations Pursuant to RCW 35.13.280, if, during the term of this Contract, additional territory is added to the City through annexation or other means and the Contractor has an existing WUTC certificate or other Agreement for collection at the time of annexation, the Contractor agrees by accepting this Contract from the City, that the certificate or Agreement applicable to the annexed areas shall be deemed canceled on the effective date of the annexation. Notwithstanding RCW 35.13.280, the Contractor shall have the sole discretion to service the newly annexed areas under the terms and conditions set forth in this Contract or under the terms and conditions of the existing WUTC certificate for a term of ten (10) years. In consideration for this ten year period (which is beyond the 7 -year minimum timeframe set forth in RCW 35.13.280 during which the City must permit the Contractor to operate in the annexed area or pay damages), the Contractor expressly waives and releases its right to claim any damages or compensation from the City, its officers, agents, or assigns arising out of the cancellation of any pre- existing permit or Agreement held by the Contractor prior to annexation, and further specifically waives the right to receive any additional compensation or any rights of collection in the newly annexed territory. The term during which the Contractor will service any future annexation areas shall be ten (10) years, notwithstanding the term set forth in Article I of this Agreement. 23 ARTICLE XIII MISCELLANEOUS 13.1 Non -Waiver The failure of any party to enforce any contract provision is not and shall not be construed as a waiver of that provision. The payment or acceptance of compensation subsequent to any breach is not and shall not be construed as an acceptance of that breach. All waivers must be in writing. 13.2 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 the City. To the City: Public Works & Utilities Director City of Bremerton 100 Oyster Bay Ave. N. Bremerton, WA 98312 To Contractor: Area Director of Public Sector Solutions Waste Management of Washington, Inc. 7204 th Avenue, Suite 400 Kirkland, WA 98033 Copy to: Area Legal Counsel Waste Management 7204 th Ave, Suite 400 Kirkland, WA 98033 13.3 Severability If any provision of this Contract is held to be void, invalid or unenforceable under any applicable law, the remaining provisions of the Contract shall remain in effect and bind the parties. 13.4 Entire Agreement This Contract constitutes the entire agreement between City and Contractor, and there are no promises, conditions, terms, obligations, statements, or guarantees other than those contained herein. No modifications or amendments shall be valid unless in writing and fully executed by both parties. 13.5 Change in Service Contractor shall give (60) days written notice to the Contract Administrator of any change which affects the date of collection providing that no change in the terms of this Agreement may be made unless agreed to in writing by the Contract Administrator. 24 13.6 Assignment This contract may not be assigned or transferred by Contractor, nor shall Contractor subcontract any part of this Contract, without the prior written consent of the City Council, as evidenced by a City Resolution and the signature of the Mayor. The City may withhold its consent to assignment or transfer of this Contract at its sole, subjective discretion. In the event of an unauthorized assignment or transfer, the City reserves the right to cancel the Contract. Notwithstanding the foregoing, Contractor may assign this Agreement to another subsidiary or corporate affiliate of Contractor. 13.7 Force Majeure Contractor shall not be deemed to be in default and shall not be liable for failure to perform under this Agreement if Contractor's performance is prevented or delayed by Force Majeure. For purposes of this Agreement, the term Force Majeure shall mean any acts of God, including landslides, lightning, forest fires, storms, floods, freezing and earthquakes, terrorism, civil disturbances, strikes, lockouts or other industrial labor disturbances, acts of the public enemy, wars, blockades, public riots, explosions, 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"). Service disruptions due to inclement weather shall be governed by Section 2.10. 13.8 Applicable Law / Venue This Contract shall be governed by the laws of the State of Washington. Venue for any action hereunder shall be in Kitsap County Superior Court. 13.9 Independent Contractor The parties agree and acknowledge that Contractor is an independent Contractor and not an agent or employee of the City, and that no liability shall attach to the City as a result of the acts or omissions of Contractor, its employees, agents, or assigns. Contractor shall have no authority to execute agreements or to make commitments on behalf of the City, and nothing contained in this Contract shall be deemed to create the relationship of employer and employee or principal and agent between the City and Contractor. 13.10 Subcontracting The parties intend that Contractor shall perform pursuant to the terms of this Contract with its own employees. However, in the event any incidental subcontractor services are necessary, Contractor agrees to be responsible for the standards of performance of any subcontractor. Contractor agrees that no subcontractor shall relieve Contractor of any obligations under this Contract. 13.11 Taxes and Fees Contractor acknowledges that it is responsible for the payment of any local, state, or federal taxes or fees with respect to Contractor's agents and employees, and any taxes or licenses applicable to Contractor's business activity. 25 13.12 Insolvency; Right to Terminate Contract In addition to other terms of this Contract, any or all of the following shall be considered events of default of this Contract, allowing the City to terminate the Contract if such events are not cured within 10 days of written notice: a) if Contractor petitions any court to be adjudged a bankrupt; b) if a petition in bankruptcy is filed in any court against Contractor; c) if Contractor is adjudged to be insolvent; d) if Contractor is adjudged to be bankrupt; e) if a receiver or other officer is appointed to take charge of the whole or any part of Contractor's property or to wind up or liquidate its affairs; f) if Contractor seeks reorganization under the Federal Bankruptcy Code, as amended; or g) if Contractor admits in writing its inability to pay its debts as they become due. 13.13 Reservation of Municipal Authority The City specifically reserves the right to enact general municipal ordinances and resolutions affecting all businesses and persons in the City. 13.14 Successors and Assigns This Contract shall be binding upon the parties and their successors and assigns. 13.15 Corporate Authority Each individual executing this Contract on behalf of a corporation represents and warrants that he/she is duly authorized to execute and deliver this Contract on behalf of the corporation. 13.16 Dispute Resolution In order to have an administrative mechanism for promptly mediating customer complaints regarding billing for or the collection of garbage, recyclable materials, or yard debris, the City and the Contractor agree as follows: 1) the Contractor shall first make a good faith effort to resolve a customer's complaint; 2) in the event the customer is not satisfied with the Contractor's resolution, the complaint shall be forwarded to the Public Works & Utilities Director who shall resolve the complaint after discussing the matter with the customer and the Contractor; 3) in the event the customer or the Contractor is not satisfied with the decision of the Public Works & Utilities Director, either party may appeal the decision via the City's appeal process. This administrative process shall not foreclose either the City or the Contractor from pursuing their legal or equitable remedies in Kitsap Superior Court to enforce, construe or otherwise resolve a dispute between the City and the Contractor arising from any term or condition of this Contract. M, NDated this day of C�"��� , 2018 City of Bremerton Wa By: By; Greg Whe 1 , Mayor Attest: By: Angela ISods, City Clerk Approved as to form: Roger ubovich, Cityxitorney f 27 EXHIBIT A - RATE SCHEDULE CITY OF BREMERTON Garbage and Yard Debris Service Fees January 1, 2019 (Monthly)(Monthly) Total SERVICE Collection Disposal Service CLASS Fee Fee Fee Residential Services- Curb Svc Weekly Service: $ 6.59 $ 1.19 $ 7.78 110 Gal Microcan $ 8.50 $ 2.36 $ 10.86 120 Gal. Cart 1 35 Gal Cart 513.40 $ 3.79 $ 17 19 $ 14.78 $ 7.60 $ 22.38 164 Gal. Cart $17.91 $11.41 $29.32 196 Gal. Cart $ 4.52 $ 0.89 $ 5.41 1 "extra" 32 gallon can or equivalent Yard Debris Service: $ 2.38 $ 6.96 $ 9.34 1-96 Gal. Cart $ 3.88 $ 0.95, $ 4.83 1 "Extra" YW 32gallon can or equivalent $ 1.69 $ 6.96 $ 8.65 Extra 96 Gal. Yard Cart: rent+roll Miscellaneous Fees: $ 10.17 Return Trip $ 8.31 Drive-in Charge $ 16.10 Redelivery Fee (Carts) $ 2.50 mim Res. Services -Carry -out Surcharge: All Residential Can/Cart Service Levels (5 ft to 50 ft.) On -Call Bulky Waste Collection: Appliances (non -refrigerant) $ 70.42 $ 19.52 $ 89.94 Refrigerator/Freezer $ 70.86 $ 26.03 $ 96.89 Sofa $ 70.58 i $ 22.29 $ 92.87 Chair $ 69.86 li $ 11.14 $ 81.00 Mattress or Box Springs $ 69.22 $ 1.40 $ 70 62 Tires Auto/Light Truck $ 35.00 $ 6.51 $ 41.51 Bus/Heavy Truck $ 69.54 $ 6.51 $ 76.05 Add'I for Rims or Wheels $ 35.00 $ 6.51 $ 41.51 Miscellaneous, per cubic yard $ 69.42 $ 4.73 $ 74.15 Temporary Container Service: (per pick-up) Temp. 1.0 Yard Container $ 18.59 $ 6.05 $ 24.64 Daily Rent $ 1.36 $ 1.36 Delivery Fee $ 36.24 $ 36.24 Temp. 1.5 Yard Container $ 20.85 $ 7.02 $ 27.87 Daily Rent $ 1.36 $ 1.36 Delivery Fee $ 36 24 $ 36.24 Temp. 2 Yard Container $ 26.68 1 $ 9.39 $ 36.07 Daily Rent $ 1.36 $ 1.36 Delivery Fee $ 36.24 $ 36.24 Temp. 3 Yard Container $ 36.02 $ 14.06 $ 50.08 Daily Rent $ 1.36 $ 1.36 Delivery Fee $ 36.24 $ 36 24 Temp 4 Yard Container $ 46.60 $ 18.74 $ 65.34 Daily Rent $ 1.36 $ 1.36 Delivery Fee $ 36.24 $ 36.24 Temp. 6 Yard Container $ 64.32 $ 28.14 $ 92.46 Daily Rent $ 1.36 $ 1.36 Delivery Fee $ 36.24 $ 36.24 28 CITY OF BREMERTON Garbage and Yard Debris Service Fees January 1, 2019 (Monthly) (Monthly) Total SERVICE Collection Disposal Service CLASS Fee Fee Fee Multifamily Carts Weekly Service [3] $ 6.84 $ 2.36 $ 9.20 120 Gal. Cart $ 11 41 $ 3.79 $ 15.20 135 Gal. Cart $ 24.37 $ 7.60 $ 31.97 164 Gal. Cart $36.53$11.41 $47.94 196 Gal. Cart $3.42 $1.91 $5.33 1 "Extra" 32 Gal. can or equivalent Miscellaneous Services Return Trip $ 10.17 $ 10.17 Carry -Out Service (per cart) $ 2,48 $ 2.48 Redelivery $ 16.10 $ 16.10 Roll -Out Container $304 $ 3.04 Disconnect Hydraulics $ 13.82 $ 13.82 Unlock Container $ 13.82 $ 13.82 Gate Opening $ 13.82 $ 13.82 Steam Cleaning (per yd.) $ 4.15 $ 4.15 Multifamily Uncompacted Containers 1 Cu. Yd Uncompacted $ 79.25 $ 20.30 ' $ 99 55 1 Pickup/Week/Container $ 136.27 $ 40.64 $ 176.91 2 Pickups/Week/Container $ 193.28 I $ 60.94 $ 254.22 3 Pickups/Week/Container $ 250.30 $ 81.25 $ 331.55 4 Pickups/Week/Container $ 307.30 $ 101.57 $ 408.87 5 Pickups/Week/Container 1.5 Cu. Yd. Uncompacted $ 74.72 $30 .54 $ 105.26 1 Pickup/Week/Container $ 118 11 $ 61.10 $ 179.21 2 Pickups/Week/Container $ 163.20 $ 91.66 $ 254.86 3 Pickups/Week/Container $ 208.35 $ 122.22 $ 330.57 4 Pickups/Week/Container $ 307.30 $ 101.57 $ 408.87 5 Pickups/Week/Container 2 Cu. Yd. Uncompacted $ 93 90i $ 40.64 $ 134.54 1 Pickup/Week/Container $ 148.70 $ 81.25 $ 229.95 2 Pickups/Week/Container $ 203.44 $ 121.86 $ 325.30 3 Pickups/Week/Container $ 258.22 $ 162.51 $ 420.73 4 Pickups/Week/Container $ 313.02 III $ 203.11 $ 516.13 5 Pickups/Week/Container 3 Cu. Yd. Uncompacted $ 114.83 $ 60 94 $ 175.77 1 Pickup/Week/Container $ 177.20 $ 121.86 $ 299.06 2 Pickups/Week/Container $ 239.70 $ 182.81 $ 422.51 3 Pickups/Week/Container $ 302.12 $ 243.76 1 $ 545.88 4 Pickups/Week/Container $ 347.09 $ 304.70 $ 651.79 5 Pickups/Week/Container 4 Cu. Yd. Uncompacted $ 126.91 $8 1. 25 $ 208.16 1 Pickup/Week/Container $ 192.69 $ 16.51 $ 355.20 2 Pickups/Week/Container $ 253 95 $ 243.76 I $ 497.71 3 Pickups/Week/Container $ 315.53 $ 324.991 $640.52 4 Pickups/Week/Container $ 359.53 $ 406.26 $ 765.79 5 Pickups/Week/Container 6 Cu. Yd. Uncompacted $ 159.80 $ 121.86 $ 281.66 1 Pickup/Week/Container $ 232.26 $ 243 76 $ 476.02 2 Pickups/Week/Container $ 304.77 $ 365.64 $ 670.41 3 Pickups/Week/Container $ 376.60 $ 487.51 $ 864.11 4 Pickups/Week/Container $ 419.32 $ 609.39 $ 1,028.71 5 Pickups/Week/Container 8 Cu Yd. Uncompacted $ 203.50 $ 162.51 $ 366.01 1 Pickup/Week/Container $ 292.00 $ 324.99 $ 616.99 2 Pickups/Week/Container $ 380.45 $ 487.51 $ 867.96 3 Pickups/Week/Container $ 468.90 $ 650.02 $ 1,118.92 4 Pickups/Week/Container $ 557.36 $ 812.51 $ 1,369.87 5 Pickups/Week/Container Multifamily Compacted Containers 1 Cu. Yd. Container $ 58.31 $ 71.19 $ 129.50 1.5 Cu. Yd. Container $ 52.89 j $ 106.61 $ 159 50 2 Cu. Yd. Container $ 47.36 $ 142.19 $ 189.55 3 Cu. Yd. Container $ 81.63 $ 213.39 $ 295.02 4 Cu. Yd. Container $ 116.06 $ 284.40 $ 400.46 6 Cu. Yd. Container $ 148.12 $ 426 57 $ 574.69 Extra Uncompacted Cubic Yard/Pickup $ 9.00 $ 4.69 $ 13.69 Multifamily Yard Debris 1 Basic Service (96 gal. Cart, Eow) $ 7.76 $ 3.97 $ 11.73 132 gallon extra $ 2.69 $ 1.23 $ 3.92 12 cubic yard container, weekly- $ 547.03 $ 47 49 $ 594.52 1 extra cubic yard 1 $ 9.07 $ 5.48 $ 14.55 "This is a special service only offered to the City of Bremerton as an exception It is not for regular customer use. PAW. CITY OF BREMERTON Garbage and Yard Debris Service Fees January 1, 2019 (Monthly) (Monthly) Total SERVICE Collection Disposal Service CLASS Fee Fee Fee Commercial Carts Weekly Service [3] $ 6.18 $ 2.36 $ 8.54 120 Gal. Cart $ 10.39 $ 3.79 $ 14.18 135 Gal. Cart $ 21.99 $ 7.60 $ 29.59 164 Gal. Cart $ 32.97 $ 11.41 $ 44.38 196 Gal. Cart $3.01 $0.89 $390 1 "Extra" 32 Gal. can orequivalent Miscellaneous Services Return Trip $ 10.17 $ 10.17 Carry-Out Service (per cart) $ 2.48 $ 2.48 Redelivery $ 3.04 $ 3.04 Roll-Out Container $ 3.04 $ 3.04 Disconnect Hydraulics $ 13.82 $ 13.82 Unlock Container Gate $ 13.82 $ 13.82 Opening $ 13.82 $ 13.82 Steam Cleaning (per yd.) Locking $ 4.15 $ 4.15 Bars (1X Fee) Commercial Uncompacted Containers 1 Cu. Yd. Uncompacted $ 71.84 $ 20.30 $ 92.14 6 Pickup/Week/Container $ 123.08 $ 40.64 $ 163.72 7 Pickups/Week/Container $ 174.30 $ 60.94 $ 235.24 8 Pickups/Week/Container $ 225.57 $ 81.25 $ 306 82 9 Pickups/Week/Container $ 276.79 1 $ 101.57 $ 378.36 10 Pickups/Week/Container I', 1.5 Cu. Yd. Uncompacted $ 66.85 $ 30.54 $ 97.39 6 Pickup/Week/Container $ 104.69 $ 61.10 $ 165.79 7 Pickups/Week/Container $ 144.14 $ 91.66 $ 235.80 8 Pickups/Week/Container $ 183.60 $ 122.22 $ 305.82 9 Pickups/Week/Container $ 223.03 $ 152.75 $ 375.78 10 Pickups/Week/Contai ner 2 Cu Yd. Uncompacted $ 83.83 $ 40.64, $ 124.47 6 Pickup/Week/Container $ 131.45 $ 81.25 $ 212.70 7 Pickups/Week/Container $ 179.08 1 $ 121.86 $ 300.94 8 Pickups/Week/Container $ 226.67 $ 162.51 $ 389.18 9 Pickups/Week/Container $ 274.30 $ 203.11 $ 477.41 10 Pickups/Week/Contai ner 3 Cu. Yd. Uncompacted $ 101.65 $ 60.94 $ 162.59 6 Pickup/Week/Container $ 154.77 $ 121.86 $ 276.63 7 Pickups/Week/Container $ 207.97 $ 182.81 $ 390.78 8 Pickups/Week/Container $ 261.14 $ 243.76 $ 504.90 9 Pickups/Week/Container $ 298.11 $ 304.70 $ 602.81 10 Pickups/Week/Contai ner 4 Cu. Yd. Uncompacted $ 111.32 $ 81.25 $ 192.57 6 Pickup/Week/Container $ 166.01 $ 162.51$ 328.52 7 Pickups/Week/Container $ 223.09 $ 243.76 $ 466.85 8 Pickups/Week/Container $ 272.59 $ 324.99 $ 597.58 9 Pickups/Week/Container $ 314.99 $ 406.26 $ 721.25 10 Pickups/Week/Contai ner 6 Cu Yd. Uncompacted $ 138.63 $ 121.86 $ 260.49 6 Pickup/Week/Container $ 196.46 $ 243.76 $ 440.22 7 Pickups/Week/Container $ 254.28 I $ 365.64 Ali $ 619.92 8 Pickups/Week/Container $ 311.48 $ 487.51 1 $ 798.99 9 Pickups/Week/Container $ 341.72 $ 609.39 $951 11 10 Pickups/Week/Container $ 399.53 $ 731.27 $ 1,130.80 11 Pickups/Week/Contai ner 8 Cu Yd. Uncompacted $ 176.02 $ 162.51 $ 338.53 6 Pickup/Week/Container $ 245.55 $ 324.99 $ 570.54 7 Pickups/Week/Container $ 315.02 $ 487.51 $ 802.53 8 Pickups/Week/Container $ 384.53 $ 650.02 $ 1,034.55 9 Pickups/Week/Container $ 454.01 $ 812.51 $ 1,266.52 10 Pickups/Week/Container Compacted Containers 1 Cu. Yd. Container $48.55 $ 71.19 $ 119.74 15 Cu. Yd. Container 2 $ 40.85 $ 106.61 $ 147.46 Cu. Yd Container $ 32.98 $ 142.19 $ 175.17 3 Cu. Yd. Container 4 $ 59.27 $ 213.39 $ 272.66 Cu. Yd. Container 6 Cu. $ 85.75 $ 284.40 $ 370.15 Yd. Container $104.58 $426.57 $531.15 Extra Uncompacted Cubic Yard/Pickup $ 9.00 $ 4.69 $ 13.69 Commercial Yard Debris 1 Basic Service (96 gal. Cart, EOW) 1 $ 7.76 $ 3.97 $ 11.73 32 gallon extra $ 2.69 $ 1.23 $ 3.92 12 cubic yard container, weekly" 1 $ 547.04 $ 47.49 $ 594.53 extra cubic yard $ 9.07 $ 5.48 $ 14.55 "This is a special service only offered to the City of Bremerton as an exception It is not for regular customer use 30 CITY OF BREMERTON Garbage and Yard Debris Service Fees January 1, 2019 Daily New New SERVICE Container Monthly Charge CLASS Rental Container per Haul Multifamily Drop -box Collection" Noncompacted Service $ 1.36 $ 41.03 $ 117.39 110 Cu. Yd Container $ 1.36 $ 41.03 $ 117.39 115 Cu. Yd Container $ 1.82 $ 54.69 $ 117.39 120 Cu. Yd. Container $ 1.82 $ 54.69 $ 122.56 125 Cu. Yd. Container $ 2.28 $ 68.37 $ 124.04 130 Cu. Yd. Container $ 2.28 $ 68.37 $ 148.25 140 Cu. Yd. Container Compacted Services $ 118.12 110 Cu. Yd. Container $ 147.67 115 Cu. Yd. Container $ 172.39 120 Cu. Yd. Container $ 184 57 125 Cu. Yd. Container $ 179.51 130 Cu. Yd. Container $ 243.35 140 Cu. Yd. Container Drop -box (Temp) $ 131.06 110 Cu. Yd. Container $41.78 $ 131.06 115 Cu. Yd. Container $ 131.06 120 Cu. Yd. Container $ 136.23 125 Cu. Yd. Container $ 137.71 130 Cu. Yd. Container $ 16190 140 Cu. Yd. Container Daily Monthly SERVICE Container Container Charge CLASS Rental Rental per Haul Commercial Drop -box Collection* Noncompacted Service $ 1.37 $ 41.47 $ 109.89 110 Cu. Yd. Container $ 1.37 $ 41.47 $ 109.89 115 Cu. Yd. Container $ 1.84 $ 55.30 $ 109.89 120 Cu. Yd. Contamer $ 1.84 $ 55.30 $ 116.09 125 Cu. Yd. Container $ 2.33 $ 69 13 $ 116.09 130 Cu. Yd. Container $ 2.33 $ 69.13 $ 138.77 140 Cu. Yd. Container Compacted Services $ 4.84 $ 110.59 110 Cu. Yd. Container $ 4.84 $ 138.22 115 Cu. Yd. Container $ 5.53 $ 161.37 120 Cu. Yd. Container $ 6.23 $ 165.87 125 Cu Yd Container $ 6.91 $ 179.96 130 Cu. Yd. Container $ 6.91 $ 227.80 140 Cu Yd. Container Drop -box (Temp) $ 123.71 110 Cu. Yd. Container $ 123.71 115 Cu. Yd. Container $ 123.71 120 Cu. Yd. Container $ 129.92 125 Cu. Yd. Container $ 129.92 130 Cu. Yd. Container $ 152.59 140 Cu. Yd. Container ' Note. A 15% surcharge added to Drop Box Disposal Daily Monthly Total SERVICE Container Container Service CLASS Rental Rental Fee Additional Services Additional Mileage Charge For Hauls to Other Sites Charge Per Mile $ 2.22 Return Trip $ 69.13 Solid Drop -box Lid Charge (per month) $ 20.73 Steam Cleaning (per yd.) $ 4.15 Stand -By Time (per minute) $ 1.72 Hourly Rates Rear/Side Load Packer & Driver $ 99.53 Front Load Packer & Driver $ 99 53 Drop Box Truck & Driver $ 99.53 Additional Labor (per person) $ 48 41 31 EXHIBIT B — CITY FACILITIES Facility Name Address Service & Frequency Sheridan Center 680 Lebo Blvd. 1— 8yd garbage dumpster, Bremerton WA 98310 bi-weekly 3 — 64gal Recycle EOW Lebo Field 680 Lebo Blvd. 1-40yd Garbage On -Call Bremerton WA 98310 1x/wk max (dirt, concrete, asphalt, grit, road work and construction materials excluded) 1-40yd Compostables, On Call (1x/wk max) Pendergast Park 1199 Union Ave West 2 — 8yd Garbage 2x/wk Bremerton WA 98312 Evergreen Park 1309 Highland Ave 1— 8yd Garbage 2x/wk Bremerton WA 98312 Ivy Green Cemetery 1401 Naval Ave 1— 8yd Garbage , 1x/wk Bremerton WA 98312 Blueberry Park 737 NE Sylvan Way 1 - 8yd Compostables, On Call Bremerton WA 98310 (1x/wk max) Jarstad Park 4320 W. Belfair Valley Rd 1-4yd Garbage 1x/wk Bremerton WA Norm Dicks Government 345 6th St. Based on square footage the Center Bremerton WA 98337 City's portion is deducted from the bill to Kitsap Health Department Bremerton Naval Museum 251 First Street 1-32gal Garbage Can 1x/wk Bremerton WA 98337 Fire Station 1 911 Park Ave. 1-3yd Garbage 1x/wk Bremerton WA 1-2yd Recycle 1x/wk Fire Station 2 5005 Kitsap Way 1-1.5yd Garbage 1x/wk Bremerton WA 2-96gal Recycle 1x/wk Fire Station 3 3031 Olympus Dr 3-64gal Recycle 1x/wk Bremerton WA 32 Public Works & Utilities 100 Oyster Bay Ave. N 1-8yd Garbage 1x/wk Bremerton WA 98312 3-6yd Garbage 1x/wk 2-4yd Recycle 1x/wk 4-64gal Recycle EOW Equipment Services 104 Oyster Bay Ave No. 4-64gal Recycle EOW Bremerton WA 98312 Police Dept. 1025 Burwell St. 1-6yd Garbage 2x/wk Bremerton WA 98337 3-64gal Recycle 1x/wk Waste Water Treatment 1600 Oyster Bay Ave. S 6-2yd Garbage 2x/wk Facility Bremerton WA 98312 2-1.5yd Garbage 1x/wk 1-6yd OCC 1x/wk 1-64gal Recycle EOW Bremerton Library 612 Stn St. 1-1.5yd Garbage 1x/wk Bremerton WA 98337 4-64gal Recycle 1x/wk Bremerton Senior Center 1140 Nipsic Ave. E 1-1.5yd Garbage 1x/wk Bremerton WA 98310 1-64gal Recycle 1x/wk Street Cans Various locations throughout Currently at 37 locations the City. 5x/week Gold Mountain Golf Course 7263 W Belfair Valley Rd. W 1-8yd Garbage 3x/wk Bremerton WA 98312 1-6yd Recycle 2x/wk Gold Mount Grounds 5572 Imperial Way SW 1-6yd Garbage 1x/wk Maintenance Bremerton WA 1-6yd Recycle 1x/wk Bremerton Kitsap Access 7266 Tibardis Rd. 1-64gal Garbage 1x/wk Television Bremerton WA 98311 1-64gal Recycle EOW Utilities Building 3027 Olympus Dr 1-4yd Garbage 1x/wk Bremerton WA 1-4yd Recycle 1x/wk 3-64gal Recycle EOW City of Bremerton Forestry 4398 West Belfair Valley Rd 1-4yd Garbage 1x/wk Storage Bremerton WA City of Bremerton Muni 550 Park Ave 2-96gal Garbage 1x/wk Courts Bremerton WA 1-64gal Recycle EOW City of Bremerton Readiness 5151 Linden St 1-4yd Garbage 1x/wk Center Bremerton WA City of Bremerton Police 6852 W. Belfair Valley Rd 1 -yd Garbage on call Range Bremerton WA Kitsap Conference Center at 100 Washington Avenue Conference center garbage Bremerton Harborside Bremerton WA and recycle as a proportion of the total service 33 EXHIBIT C - RECYCLABLES LIST MATERIAL TYPE DESCRIPTION PREPARATION EXCLUSIONS INSTRUCTIONS Glass • Food or beverage Remove lids; empty of all Leaded glass: windows, containers food or liquids. Labels do mirrors, baking dishes, not need to be removed. storage dishes, ceramic, plates, glassware, storage/canning jars. Paper • Office paper, copy paper, Remove plastic bags Shredded paper; paper construction paper (exterior or interior), envelopes with bubble • Newspaper and paper plastic packaging, metal, wrap liners, insulation inserts electronics, magnets, liners or envelopes made • Magazines and paper twine, straws, lids and from plastic (Tyvek); inserts any food or liquids. Must laminated paper, stickers, • Catalogs be dry. Plastic windows labels, photos, carbon • Cardboard in paper envelopes okay. paper, receipts, paper • Mail and paper inserts affixed to magnets; wax or • Envelopes poly -coated cups, cartons, • Paper bags or aseptic containers; pet • Cereal, cookie and cracker food bags; mixed material boxes bags; wet or soiled paper; • Paper towel tubes paper with large amounts • Toilet paper tubes of paint or glue. • Tissue boxes • Non -foil wrapping paper • Kraft paper bags or boxes Cardboard • Cardboard boxes Flatten all cardboard. Waxed cardboard, wet • Cardboard packaging Remove all interior cardboard • Cardboard beverage 'flats' packaging, block foam, or nursery 'flats' packing peanuts and exterior plastic wrap. Do not bundle with tape or twine. External tape okay. Oversized cardboard can be placed next to card/container. Must be dry. Metal • Tin, aluminum and steel Remove all exterior Aluminum foil and trays; food or beverage packaging; remove lids; sharp or greasy metal; containers empty of all food or batteries; propane tanks, liquids. Labels do not microwaves; electrical need to be removed. cords; cell phones; car snow chains. Empty aerosol cans, Metal appliances 34 35 • PET/PETE bottles (#1 Plastic bottles with #3, #4, #6 & #7 plastics, Plastic plastic) plastic screw -on lids are plastic bags, plastic cups, • HDPE bottles/jugs (#2 okay if lids are screwed plastic film; plastic bottles plastic) back on, remove all that contained HHW listed • Dairy tubs, e.g. butter, other lids; remove materials; deli, bakery and yogurt, cottage cheese (#5 straws; empty of all produce clamshell plastic) food, liquids or other containers; loose lids — any debris. Labels do not size; plant trays; PVC; large need to be removed. rigid plastic (outdoor furniture, laundry baskets, swimming pools, toys, etc.); hoses; landscaping/sprinkler tubing. 35 PERFORMANCE BOND BOND NO 022220795 KNOW ALL MEN BY THESE PRESENTS, that We, WASTE MANAGEMENT OF WASHINGTON, INC (hereinafter called the "Principal"), as Principal, and the LIBERTY MUTuAL!NSURANCECOMPANY (hereinafter called the "Surety"), as Surety, are held and firmly bound unto CITY OF BREMERTON (hereinafter called the "Obligee"), in the full and just sum ofOne bto,a,ed nwusaraane oatoo ( $ 100,000.00 ), for the payment of which sum well and truly to be made, we the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a (written) agreement (hereinafter called the "Agreement") with the Obligee for Garbage, Recycling, and Compostable Organics Collection and Disposal which Agreement is hereby referred to and made a part hereof as if fully set forth herein; NOW THEREFORE, the condition of this obligation is such that if the Principal shall well and truly keep all the terms and conditions as outlined in said Agreement then this obligation shall be null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, this band is executed by the Surety and accepted by the Obligee subject to the following conditions: 1. No assignment of this bond shall be effective without the written consent of the Surety 2. This obligation may be terminated by the Surety by thirty (30) days advance written notice to the Obligee, such notice to be sent by registered mail. Such termination shall not affect liability Incurred under this obligation prior to the effective date of such termination - 3 PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder that, in the event of any breach of the Agreement on the part of the Principal, a written statement of the particular facts stating the nature of such breach shall be given as soon as reasonably possible by the Obligee to the Surety and the Surety shall not be obligated to perform Principal's obligation until thirty (30) days after Surety's receipt of such statement. 4. No action, suit or proceeding shall be had or maintained against the Surety on this bond unless the same be brought or instituted Wthir• sixty (60) days after the termination of release of this bond 5. Under no circumstances shall the aggregate liabilityof the Surety exceed the penal sum above stated 6 This bond shall be effective from January 1, 219 to December 31, 2029 IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be executed and their seals affixed this 16th day of November 2018 WASTE MANAGEMENT OF WASHINGTON, INC. (Principal) By Dee"B B 'dges, Attom -In-Fact LIBERTY MUTUAL INSURANCE COMPANY (Surety) Lupe Tyle orney-in-Fact `� THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certfcate No 8181329 Liberty Mutual Insurance Company The Ohio Casually Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual insurance Company is a corporation duly organized under the laws of the State of Massachusetts and West American Insurance Company is a corporation duty organized under the laws of the State of Indiana (herein collectively called the 'Companies), pursuant to and by authority herein set fortis, does hereby name, constitute and appoint, Deena Bridges; Vanessa Dominguez; Melissa Fortier; Michael J. Nerrod_Lre Tester; Oonna.l. Williams; Mid Wright all of the city of Houston state of TX each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on is behalf as surety and as its act and deed, any and all undertak rigs, bonds, recognizances and other surety obligations in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 25th day of July _ 2018 The Ohio Casualty p y Insurance Company Liberty Mutual Insurance Company West American Insurance Company us ,�.,•.>;;',: r `� ` ;,/�' '_.,i �' itis`,., By: ar2�e✓ = STATE OF PENNSYLVANIA ss David M. Carey: Assistant Secretary +_+ COUNTY OF MONTGOMERY NOn this 25th day of "July 2018 before me personally appeared David M Carey. who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance tJ d Company, The Ohio Casualty Company. and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes p 3 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. L Ga > IN WITNESS WHEREOF. I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above /written. yp P4Sr� COMMONWEALTH OF PENNSYLVANIA f: w, hotauai Seas � _ r v Teresa Pasteoa. Notary ij By: W "'! upper Mancn Twp Monk3omery Cuurtiy ! Teresa Paslella, Notary Public '+ My Comnuss on Expves March 2d ?021 � 60 O S �}�� fY�1�, M�m�PenasYirania:soeahon of No4nies C M This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, L berty Mutual 4i w insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows. m d ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other ffciai of the Corporation authorized for that purpose in writing by the Chairman or the President, and st,bject tr to such limitation as the Chairman or the President may prescribe, shat appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, O ac0owiedge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E y^ powers of attorney, shall have full power to bind the Corporation by their ssgrature and execution of any such instruments and to attach thereto the seal of the Corporation. When so 0 M executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attorney-ir-fact under a the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. CARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, >> and subject to such limitations as the chairman or the president may prescribe, shall appoint such altomeys-m-fact, as may be necessary to act in behalf of the Company to make, execute, O 3 seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attorneys -m -fact subject to the limitations set forth in their Z v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other suety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assstant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, ! iberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is 3 full, Ince and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Cornoames this / "' day of __ [ Q I ^ , 20 H7'ri 1912 1991 By: tAC•��/� .'` Renee C. Lie sststant secretary 140 of 500 LMS 12873 022017 M C O v� >' W 4) C E 0 1Z Q M 0� 3� 0 E a tt3 U! O O C Mn N >n 00 yN E0? L tV w C1 00 00 Q� 0 DOWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS that Waste Management, Inc. and each of its direct and indirect majority owned subsidiaries (the "WM Entities"), have constituted and appointed and do hereby appoint Deena Bridges, KD Conrad, Vanessa Dominguez, Melissa Fortier, Michael J. Herrod, Jennifer L. Jakaitis, Patricia A. Rambo, Lupe Tyler, Susan A. Welsh, Donna Williams, and Misty Wright of Aon Risk Services, Inc., each its true and lawful Attorney- in-fact to execute under such designation in its name, to affix the corporate seal approved by the WM Entities for such purpose, and to deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to wit: 1. Surety bonds to the United States of America or any agency thereof, and lease and miscellaneous surety bonds required or permitted under the laws, ordinances or regulations of any State, City, Town, Village, Board or any other body or organization, public or private. 2. Bonds on behalf of WM Entities in connection with bids, proposals or contracts. The foregoing powers granted by the WM Entities shall be subject to and conditional upon the written direction of a duly appointed officer of the applicable WM Entity (or any designee of any such officer) to execute and deliver any such bonds. The signatures and attestations of such Attorneys -in -fact and the seal of the WM Entity may be affixed to any such bond, policy or to any certificate relating thereto by facsimile and any such bond, policy or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the applicable WM Entity when so affixed. IN WITNESS WHEREOF, the WM Entities have caused these presents to be signed by the Vice President and Treasurer and its corporate se o be hereto affixed. This power of attorney is in effect as of )OU -e l �O , 201 Witness: On behalf of Waste Management, Inc. and each of the other WM Entities David Reed Vice President and Treasurer AoN Empower Results* Aon Risk Services Southwest, Inc. 5555 San Felipe St., Suite 1500 Houston, TX 77056 Carolyn Ramsden WASTE MANAGEMENT OF WASHINGTON, INC. 720 4th Ave., Suite 400 Kirkland, WA 98033 RE: Bond No. 022220795 CITY OF BREMERTON Dear Carolyn: Enclosed please find the above referenced bond executed at your request in the amount of $100,000.00, dated November 16, 2018 for CITY OF BREMERTON. Please forward the original to CITY OF BREMERTON and retain a copy for your files. If you have any questions or need further assistance, please contact the Financial Assurance department at your corporate office; contact information is: • Diana Seng 713-265-1322 Sincerely, , &- J5�� Deena Bridges enclosures 2691422 11/16/2018 Label Print - 783814982064 - Aon Shipping Tool wA r 4 # nmttonaei,,. Fold Here - Please fold or cut:n half -a O ZO '-^pnm mw � ra,mpp=mOr '� v�<nz �� �Z G�1�,lmj, m r T. mQu>p Z mz� OD w D a /0 � CD -" Go m IV V s 0 ic m m Tw z W OD — Z r� LA 003-U) Ngo An 0 w Z >i -i y m x'W VIC:— Z 0O L< m w 0 4:55,51� A� C7RD�CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)1/1/2019 1 10/31/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES 3657 BRIARPARK DRIVE, SUITE 700 HOUSTON TX 77042 866-260-3538 CONTACT NAME: PHONE FAX /C No : A/C No Ext), 'C' E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # City i,1"t9111� i Gls INSURER A: ACE American Insurance Company 22667 INSURED WASTE MANAGEMENT OF WASHINGTON, INC. 1300299 DBA BREM-AIR DISPOSAL IN B: Indemni Insurance Co of North America 43575 INSURER C: ACE Fire Underwriters Insurance Company 20702 9300 SW BARNEY WHITE ROAD BREMERTON WA 98312 INSURER D: - �n INSURER E : - - PERSONAL s ADV INJURY $ 5 000 00 INSURER F COVERAGES WASMA67 CERTIFICATE NUMBER: 15708436 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - INUBA TR R TYPE OF INSURANCE NSD S WVD -_ POLICY NUMBER POLICY EFF MM/DDfYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE .00CUR "`����771��" Y Y HDG 627873091 1/1/2018 1/1/2019 EACH OCCURRENCE $ S 00O OO DAMAGE TO RENTED PREMISES Ea occurrence $ 5,000,000 MED EXP (Any one person) $ XXXXXX X XCU INCLUDED �n X ISO FORM CG00010413 PERSONAL s ADV INJURY $ 5 000 00 GEN'L AGGREGATE LIMIT APPLIES PER: PRO POLICY [X]JECT LOC GENERAL AGGREGATE $ 6,000,%k PRODUCTS - COMP/OPAGG $ 6 00O O $ OTHER: A AUTOMOBILE LIABILITY Y Y MMT H25097890 1/1/2018 1/1/2019 COMBINED SINGLE LIMIT $ Ea accident 1,000,0W BODILY INJURY (Per person) $ XXXXXXX XANY AUTO X OWNED TOS ONLY AUTOS A BODILY INJURY (Per accident) $ XXXXXXX X HIRED X NON OWNED AUTOS ONLY AUTOS ONLY (Per a cRdT PROPERTY $ XXXXXXX $ XXXXXXX X MCS -90 A X UMBRELLA LIAB X' OCCUR Y Y XOO 627929242 003 1/1/2018 1/1/2019 EACH OCCURRENCE $ 15,000A09 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 15,000,060 DED RETENTION $ $ XXXXXXX B A C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? N/A Y WLR C6462278A (AOS) WLR 064622778 (AZ,CA,&MA) SCF 064622791 ( I) 1/1/2018 1/1/2018 1/1/2018 1/1/2019 1/1/2019 1/1/2019 PER OTH- X I STATUTE ER E.L. EACH ACCIDENT $ 3, OOO E.L. DISEASE - EA EMPLOYEE $ 3,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 3,000,000 A EXCESS AUTO Y Y XSA H25097889 1/1/2018 1/1/2019 COMBINED SINGLE LIMIT LIABILITY $9,000,000 V (EACH ACCIDENT) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE ANL)T FIE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDITIO L INSURED (EXCEPT FOR WORKERS' COMP/EL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. UL-Lirrt 15708436 CITY OF BREMERTON PUBLIC WORKS AND UTILITIES 100 OYSTER BAY AVE. N. BREMERTON WA 98312 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATIOIQ All riahts reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACURD� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1/1/2020 12/4/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES CONTACT NAME: 3657 BRIARPARK DRIVE, SUITE 700 PHONE FAX HOUSTON TX 77042 /MCIAIL Ext : A/c No E 866-260-3538 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: ACE American Insurance Company 22667 INSURED WASTE MANAGEMENT OF WASHINGTON, INC. 1300299 INSURER B: Indemnity Insurance Co of North America 43575 INSURER C: ACE Fire Underwii4ev Insurance Company 20702 DBA BREM-AIR DISPOSAL 9300 SW BARNEY WHITE ROAD INSURER D: BREMERTON WA 98312 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [XIJE � � LOC GENERAL AGGREGATE $ 6 000 0 INSURER E INSURER F COVERAGES WASMA67 CERTIFICATE NUMBER: 15708436 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/D LIMITS A LIABILITY COMMERCIAL GENERAL LIABI X - CLAIMS -MADE G OCCUR Y Y HDO 671212993 1/1/2019 - 1!1/2020 r EACH OCCURRENCE $ 5,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 5,000,0 0 MED EXP (Any one person) $ XXXXXX X XCU INCLUDED X ISO FORM CG00010413 PERSONAL a ADV INJURY $ 5,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [XIJE � � LOC GENERAL AGGREGATE $ 6 000 0 PRODUCTS - COMP/OP AGG $ 6,000,k& $ OTHER: A AUTOMOBILE LIABILITY Y Y MMT H2527863A 1/1/2019 1/1/2020 COMBINED SINGLE LIMIT $ Ea accident 1,000.000 BODILY INJURY (Per person) $ YMX, X X ANY AUTO X AO TOS ONLY AUTOSWNEDSCHEDULED BODILY INJURY (Per accident) $ XXXXXXX XHIRED Xr NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ XXXXXXX Per accident $ XXXXXXX X MCS -90 A X UMBRELLA LIAB X OCCUR Y Y XOO 627929242 004 1/1/2019 1/1/2020 EACH OCCURRENCE $ 15 000 O EXCESS LIAB CLAIMS -MADE AGGREGATE $ 15 000 Q 0 DED RETENTION $ $ XXXXXXX B A C WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N M� OFFICER/MEBER EXCLUDED? N /A Y WLR 065435846 (AOS) WLR 065435809 (CA MA) SCF 065435883 ( I) 1/1/2019 1/1/2019 1/1/2019 1/1/2020 1/1/2020 1/1/2020 OTH- X ST ATUTE ER E.L. EACH ACCIDENT $ 3,000,Q09 E.L. DISEASE - EA EMPLOYEE $ 3 000 ,6'00 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 3,000,000 DESCRIPTION OF OPERATIONS below A EXCESS AUTO Y Y XSA H25278598 1/1/2019 1/1/2020 COMBINEO'SINGLE LIMIT LIABILITY $9,000v`0 (EACH ACCIDENT) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND0 THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMP/EL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. -I Ivl��r�r1VL1.l n %,AIVLtLLA 11L)N 15708436 CITY OF BREMERTON PUBLIC WORKS AND UTILITIES 100 OYSTER BAY AVE. N. BREMERTON WA 98312 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C7 1988-2015 ACORD CORPORATIOIT All rinhfic rPsprvnrl ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD I Workers' Cornnpnsatinn and Fmnlnvprw' 1 inhility Pnliry Named Insured Endorsement Number WASTE MANAGEMENT, INC. 1001 FANNIN STREET, SUITE 4000 HOUSTON TX 77002 Policy Number Symbol: WLR Number: C6462278A Policy Period Effective Date of Endorsement 01-01-2018 TO 01-01-2019 01-01-2018 Issued By (Name of Insurance Company) INDEMNITY INS. CO. OF NORTH AMERICA Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of thepolicy- WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMEi We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. For the states of CA, UT, TX, refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications. For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto). According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program. Authorized Representative WC 00 03 13 (11/05) Ptd. U.S.A. Copyright 1982-83, National Council on Compensation ADDITIONAL INSURED ENDORSEME�T Named Insured Waste Management, Inc. Endorsement Number 17 Policy Symbol Policy Number Policy Period Effective Date of Endorsement MMT H25097890 01/01/2018 To 01/01/2019 Issued By (Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: MOTOR CARRIER COVERAGE FORM Schedule Name of Person or Organization: any person or organization whom you have been required to include as an additional insured under contract or agreement, executed prior to the date of loss WHO IS AN INSURED (Section II) is amended to include as an additional insured the person or organization shown in the Schedule, but only with respect to their liability arising out of the ownership, maintenance or use of a covered "auto" being operated by or on behalf of the Named Insured. MS -11111 (01/17) OChubb. 2016. All rights reserved. Page 1 of 1 ADDITIONAL INSURED / PRIMAR'* i Named Insured Waste Management, Inc. Endorsement Number 16 Policy Symbol Policy Number Policy Period Effective Date of Endorsement MMT H25097890 01/01/2018 TO 01/01/2019 Issued By (Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: MOTOR CARRIER COVERAGE FORM Schedule Name of Person or Organization: any person or organization for whom you are required, by written contract or agreement, executed prior to the date of loss, to provide primary insurance. SECTION V; MOTOR CARRIER CONDITIONS; B. GENERAL CONDITIONS; Paragraph 5. Other Insurance - Primary and Excess Insurance Provisions is amended by the addition of the following: This insurance is primary for the person or organization shown in the schedule, but only with respect to liability arising from the ownership, maintenance or use of a covered "auto" while being operated by or on behalf of the Named Insured. Other Insurance afforded to an additional insured will apply as excess and not contribute as primary to the insurance afforded by the Additional Insured Endorsement. All other terms and conditions of this policy remain unchanged. MS -11112 (01/17) ®Chubb. 2018. All rights reserved. Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured Waste Management, Inc. Endorsement Number 15 Policy Symbol Policy Number Policy Period Effective Date of Endorsement MMT H25097890 101/01/2018 TO 01/01/2019 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM AUTO DEALERS COVERAGE FORM We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of the use of a covered auto. The waiver applies only to the person or organization shown in the SCHEDULE. SCHEDULE Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. Authorized Representative DA -13115a (06/14) Page 1 of 1 POLICY NUMBER: HDO G27873091 1 Endorsement Number: 37 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION i This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: HDO G27873091 1 Endorsement Number: 54 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERI( AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. I Information required to complete this Schedule, if not shown above will be shown in the Declarations I The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 AC RO o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �..� 1/v2o22 I 12/14/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES 3657 BRIARPARK DRIVE, SUITE 700 HOUSTON TX 77042 866-260-3538 INSURED WASTE MANAGEMENT OF WASHINGTON, INC. f 300299 DBA BREM-AIR DISPOSAL 9300 SW BARNEY WHITE ROAD BREMERTON WA 98312 COVERAGES WASMA67 CERTIFICATE NUMBER: 15708436 wsuRER A : ACE American Insurance Insurance Co of North America 667 575 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUB WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY HDO G71572985 01/01/2021 Ol/O1/2022 EACH OCCURRENCE $ j 000 OOp CLAIMS -MADE ❑OCCUR X DAMAGE TO R NTED Ea occu e c $ 5 000 Q00 i____ X XCU INCLUDED Y Y MED EXP An one erson � XXXXXXX PERSONAL a ADv INJURY $ 5 000 000 X ISO FORM CGOOOI0413 GENERAL AGGREGATE � 6 OOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PE � � LOC PRODUCTS -COMP/OP AGG $ 6 OOO OOO OTHER: � A AUTOMOBILE LIABILITY MMTH25308645 01/O1/2021 O1/O1/2022 EeaocldeDISINGLELIMIT $ 1000000 X BODILY INJURY (Per person) $ Xj{}{}{j{X}{ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY Y Y X BODILY INJURY (Per accident) 3 XXXXXXX X P�20PERTY AMAGE er accident $XXXXXXX X MCS-90 3 XXXXXXX D X UMBRELLALIAB X OCCUR XOOG27929242006 O1/01/2021 01/O1/2022 EACH OCCURRENCE $ Ij,000,Q00 AGGREGATE � I S,000,OOO EXCESS LIAB CLAIMS -MADE Y Y DED RETENTION $ 5 B A C, WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) N/A Y WLR C6781180A (AOS) WLRC6781I768 AZ,CAR,MA)O1/OI/2021 ( SCF C67811847(Wl) O1/01/2021 O1/O1/2021 01/O1/2022 O1/Ol/2022 O1/O1/2022 X PER U E OTH- E E.L. EACH ACCIDENT � 3,000000 E.L. DISEASE -EA EMPLOYEE � 3,000000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 3 000 000 A EXCESS AUTO XSA H25308608 01/O1/2021 01/O1/2022 COMBINED SINGLE LIMIT LIABILITY �r Y $9,OOQ000 (EACH ACCIDENT) DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) BLANKET \\+RIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES \\'HERE AND TO THE EXTENT REQUIRED BY \\+RITTEN CONTRACT \\+HERE PERMISSIBLE BY LA\\'. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMP/EL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. ADDITIONAL INSURED IN FAVOR OF CITY OF BREMERTON ON ALL POLICIES (EXCEPT \VORKERS' COMPENSATIONBL) WHERE AND TO THE EXTENT REQUIRED BY \VRITTEN CONTRACT. 30 DAY NOTICE OF CANCELLATION IS INCLUDED ON THE POLICIES. CERTIFICATE HOLDER CANCELLATION See Attachments 15708436 CITY OF BREMERTON PUBLIC WORKS AND UTILITIES 100 OYSTER BAY AVE. N. BREMERTON WA 98312 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rig The ACORD name and logo are registered marks of ACORD reserved Attachment Code : D446557 Certificate ID : 15708436 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS LESSEES OR CONTRACTORS - (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any Owner, Lessee or Contractor whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 Attachment Code : D540810 Certificate ID lADDITIONAL INSURED ENDORSEMENT Named Insured Waste Management, Inc. Endorsement Number 17 Policy Symbol Policy Number Policy Period Effective Date of Endorsement MMT MMT H25308645 01/01/2021 To 01/01/2022 Issued By (Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: MOTOR CARRIER COVERAGE FORM Schedule Name of Person or Organization: any person or organization whom you have been required to include as an additional insured under contract or agreement, executed prior to the date of loss WHO IS AN INSURED (Section II) is amended to include as an additional insured the person or organization shown in the Schedule, but only with respect to their liability arising out of the ownership, maintenance or use of a covered "auto" being operated by or on behalf of the Named Insured. MS-11111 (01/17) ©Chubb. 2016. All rights reserved. Page 1 of 1 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Lockton Companies, LLC DBA as Lockton Insurance Brokers, LLC in CA CA license #0F15767 3657 Briarpark Dr., Ste. 700 Houston TX 77042 (866) 260-3538 TXClientSrvUT@lockton.com WASTE MANAGEMENT OF WASHINGTON, INC. DBA BREM-AIR DISPOSAL 9300 SW BARNEY WHITE ROAD BREMERTON WA 98312 ACE American Insurance Company 22667 ACE Fire Underwriters Insurance Company 20702 ACE Property and Casualty Insurance Company 20699 Indemnity Insurance Co of North America 43575 X X X XCU INCLUDED X ISO FORM CG00010413 5,000,000 5,000,000 XXXXXXX 5,000,000 6,000,000 6,000,000 X X MCS-90 1,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX X X 15,000,000 15,000,000 XXXXXXX N X 3,000,000 3,000,000 3,000,000 EXCESS AUTO LIABILITY COMBINED SINGLE LIMIT $9,000,000 (EACH ACCIDENT) B MMT H11435154 1/1/2026 1/1/2027 B HDO G48959064 1/1/2026 1/1/2027 B XSA H11435282 1/1/2026 1/1/2027 D XEU G27929242 011 1/1/2026 1/1/2027 A WLR C72631857 (AOS)1/1/2026 1/1/2027 B WLR C7263181A (AZ,CA & MA)1/1/2026 1/1/2027 C SCF C72631894 (WI)1/1/2026 1/1/2027 B WCU C72631778 (OH, WA)1/1/2026 1/1/2027 1/1/2027 1300299 Y Y Y Y Y Y Y 12/11/2025 Y Y 15708436 15708436 XXXXXXX CITY OF BREMERTON PUBLIC WORKS AND UTILITIES 100 OYSTER BAY AVE. N. BREMERTON WA 98312 BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED ON ALL POLICIES (EXCEPT FOR WORKERS’ COMP/EMPLOYER'S LIABILITY) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. ADDITIONAL INSURED IN FAVOR OF CITY OF BREMERTON ON ALL POLICIES (EXCEPT WORKERS' COMPENSATION/EL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. 30 DAY NOTICE OF CANCELLATION IS INCLUDED ON THE POLICIES. X X See Attachments AODRDGITANIOIZNAATLI OINNSURED – LOIMWINTEEDR SP,R LOEDSUSECET SW OITRH CDORNATWRAALC ETXOPRESN –S ES CEHNEDDOURLSEEDM PEENRTSON OR ADDITIONAL INSURED – OWNERS, LESSEES ORCONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations Any Owner, Lessee or Contractor whom you have agreed to include as an additional insured under a written contract, provided such contract was executed All locations where you are performing ongoing operations for such additional insured pursuant to any such written contract. prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations.A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work,including materials,parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we POLICY NUMBER: HDO G48959064 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 Attachment Code: D446557 Certificate ID: 15708436 Policy Number: HDO G48959064 will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 Attachment Code: D446557 Certificate ID: 15708436 Policy Number: MMT H11435154 ADDITIONAL INSURED ENDORSEMENT Named Insured Waste Management, Inc.Endorsement Number Policy Symbol MMT Policy Number MMT H11435154 Policy Period 1/1/2026 TO 1/1/2027 Effective Date of Endorsement Issued By (Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: MOTOR CARRIER COVERAGE FORM Schedule Name of Person or Organization: any person or organization whom you have been required to include as an additional insured under contract or agreement, executed prior to the date of loss WHO IS AN INSURED (Section II) is amended to include as an additional insured the person or organization shown in the Schedule, but only with respect to their liability arising out of the ownership, maintenance or use of a covered "auto" being operated by or on behalf of the Named Insured. MS-11111 (01/17)©Chubb. 2016. All rights reserved.Page 1 of 1 Attachment Code: D540810 Certificate ID: 15708436