Attachment #1, Change Order #5

VENDOR CONTRACT #0000000190

1/01/06through 12/31/2010

TIRE DISPOSAL & RECYCLING

POBOX83478

Portland, OR 97283

ATTN: Mark Hope

TEL: 503-240-1919

VEHICLE TIRE COLLECTION AND RECYCLING SERVICE

Tire Disposal & Recycling RepresentativeMark Hope503-240-1919

Tire Disposal DispatchTerry Wilcox253-460-6326

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

(1)Collect, transport and process used vehicle and equipment rubber tires generated by the Solid Waste Utility's tire recycling program and the City's operations in full compliance with all applicable federal, state and local laws, rules and orders, including but not limited to the U. S. Environmental Protection Agency, U. S. Department of Transportation, Washington Department of Ecology, Washington Utilities and Transportation Commission and the Washington Department of Transportation, and federal, state and local environmental, transportation, labor and industries, health and fire regulations.

(2)Collect the tires from the recycling and disposal stations or other City facilities within 48 hours of notification or on a regular collection schedule as established upon mutual agreement. Tires will consist of a mix of passenger car, scooter, mower, motorcycle, truck and heavy equipment tires. Some of the tires will be recovered through illegal dumping clean-ups and may therefore be contaminated with dirt, rocks, garbage, etc.

(2a)Solid Waste Utility Additional Requirements:

Provide the City's North and South Recycling and Disposal Stations each with a 27' or 28' trailer to store and transport the tires. Station employees will load the tires into the containers.

Location of the City's recycling and disposal stations:

South Recycling & Disposal StationNorth Recycling & Disposal Station

8100 2nd AVE S1350 N 34th ST

SeattleWASeattleWA

Solid Waste Utility Project Manager: Eloida Ambion, 206-684-4626

(3)For each collection, provide the City facility with a receipt of collection indicating the number of tires collected. The receipt shall be signed by both the contractor and facility attendant.

(4)The contractor shall bill the City on a monthly basis for the total number of tires received. The invoice shall state how the collected tires were processed or used.

Invoices submitted to the Solid Waste Utility for tires collected at the recycling and disposal stations shall be accompanied by reports indicating the total weight of tires removed per collection.

(5)All tires accepted under this contract, except oversized tires and contaminated tires, shall be reused (e.g. sold as used tires), processed (e.g. shredded and used as tire derived fuel) or recycled (e.g. re-treaded or granulated and made into new rubber products), and shall not be land-filled. Under no circumstances shall any tire accepted under the contract be disposed of unlawfully.

(6)No subcontractors are to be used without prior approval by the City.

(7)The contractor shall advise the City immediately of any changes in the contractor’s or subcontractor’s regulatory or compliance status, and of any notice of violation, citation, administrative order, court order, judgment or other regulatory or enforcement action initiated against the contractor or subcontractor by any governmental agency or entity. The contractor and all subcontractors shall fully cooperate with the City in its investigation of any permitting or compliance matter. The City may at any time terminate the contract based on the City’s evaluation of the regulatory compliance or safety record of the contractor.

(8)The City reserves the right to cancel the contract upon thirty (30) days written notice for unsatisfactory performance or other significant cause. Two instances of late collection in a three month period can be considered unsatisfactory performance.

(9)The City and contractor shall meet every six months to review the terms of the contract and the contractor’s performance.

(10)The City reserves the right to visit the contractor’s and subcontractor’s facilities at any time during the life of the contract. The City also reserves the right to view all financial records and other records, permits, licenses and other governmental approvals prior to and during the life of the contract.

(11)Prices

North and South Recycling & Disposal Station - Service and Charges

1) Spot one (1) open top 28’ trailer at each recycling station (total of 2) to contain waste tires:

Rental rate of $100 per trailer per month.

2) Remove and replace the full open top 28’ trailer at either location within 48 hours of notification with an empty 28’ open top trailer:

$600 per switch charge for clean passenger and light truck, and clean trucktires off the rim for transportation and disposal of waste tires.

3) For tires or material in the trailer other than clean passenger or truck tires off the rim, the following surcharges will apply in addition to the basic “switch charge:”

$2.50 per passenger and light truck (LT) on the rim

$10.00 per truck tire on the rim

$100 per trailer contamination fee if tires are contaminated with foreign debris, i.e., garbage, rocks, dirt, cement, etc.

Off road tires will be charged per Section 14.

Haller LakeComplexand Tire Shop, 805 S. Charles St.- Service and Charges

1) Contractor will provide the labor to load the tires in addition to the transportation and disposal responsibilities included herein per unit price as follows:

$1.00 per passenger tire or light truck tire off the rim

$5.20 per truck tire off the rim

$3.50 per passenger tire or light truck tire on the rim

$15.00 per truck tire on the rim

Off road tires will be charged per Section 14.

2) Respond within one week of notification. Minimum call out charge: $100.00.

(12)Payment Terms -

Terms for payment of invoices:Net 30 days

Prices firm through:12/31/10

(13)In the event diesel fuel prices increase to $2.60 per gallon and beyond, Tire Disposal & Recycling, Inc. reserves the right to contact the City with a proposed fuel surcharge and if the City so agrees, to incorporate that fuel charge into the subsequent service event’s invoice. Additional increases in the fuel surcharge will only be proposed as diesel fuel price increases exceed increments of $0.40 per gallon above the initial $2.60 per gallon trigger level. As fuel prices drop below the increased trigger level(s), Tire Disposal & Recycling, Inc. will eliminate or reduce the City-approved surcharge accordingly. Tire Disposal & Recycling, Inc. will present the City a copy of the US Department of Energy’s published highway diesel prices by week for the West Coast as received bia email from the USDOE when requesting consideration for a fuel surcharge and/or reduction. If the City denies Tire Disposal & Recycling, Inc.’s fuel surcharge, Tire Disposal & Recycling may then either continue to provide service under the original terms of the agreement, or provide 30 days notice of intent to cancel the agreement.

(14)Oversized Rate Sheet

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