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HomeMy WebLinkAboutBradshaw Contract 2013SOLID WASTE COLLECTION AND DISPOSAL CONTRACT THIS SOLID WASTE COLLECTION AND DISPOSAL CONTRACT (this "Contract") for collection and disposal is made and entered into this ;�'7_ day of C. , 2013, by and between the CITY OF ANNA, TEXAS, a home -rule municipality (t "City"), and JOE W. BRADSHAW, an individual, doing business as "Bradshaw & Son Trash Service" (the "Contractor"). 1.00. DEFINITIONS 1.01 Apartment Complex: A multi -family residential development with more than four residential living units. 1.02 Bulky Waste: As relates to collection of Waste from Residential and Commercial Hand Collect Units only, items such as stoves, water tanks, appliances/white goods, furniture, Construction Debris and other Waste in weights or volumes greater than those allowed for Polycarts, but not including Dead Animals, Unacceptable Waste, or Stable Matter. 1.03 Bundle: Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet in length, and 50 lbs. in weight. No tree trunks or limbs in excess of six inches in diameter. 1.04 City: The City of Anna, Texas 1.05 Commercial Hand Collect Unit: A retail or light commercial type of business, which generates no more than one cubic yard of Refuse per week. 1.06 Commercial Hand Collect Customer: An occupant or owner of a Commercial Hand Collect Unit located within the Contract Area. 1.07 Commercial or Industrial Unit: Any Apartment Complex and all commercial and/or industrial businesses and establishments, including, but not limited to, stores, offices, restaurants, warehouses, and manufacturing facilities, premises, locations or entities, public or private, within the corporate limits of the City and not a Residential Unit or Commercial Hand Collect Unit. 1.08 Commercial or Industrial Customer: An occupant or owner of a Commercial or Industrial Unit located within the Contract Area. 1.09 Commodity: Material that can be sold in a spot or future market for processing and use or reuse. 1.10 Commodity Buyer: A buyer or processor selected by Contractor—pursuant to the terms of this Contract—of Recyclable Materials delivered by Contractor. 1.11 Complaint: A communication from a Customer concerning service, which upon investigation by Contractor or the City, is determined to be correct and shall prompt some action by Contractor or the City as determined under this Contract. 1.12 Construction Debris: Waste building materials resulting from construction, remodeling, repair, or demolition operations. 1.13 Contract Documents: This Contract and the Performance Bond. SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 1 of 17 � Contractor's Initials 1.14 Contract Area: The area within the corporate boundaries of the City at any given time during the term of this Contract. 1.15 Customer: An occupant or owner of a Residential Unit, Commercial Hand Collect Unit, or Commercial or Industrial Unit located within the Contract Area. 1.16 Disposal site: See Landfill (Sanitary). 1.17 Dumpster: Metal receptacle designed to be lifted and emptied mechanically for use only at Commercial or Industrial Units. 1.18 Employee: Any full-time or part-time employee of Contractor. 1.19 Garbage: Any and all dead animals of less than 10 lbs. in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. 1.20 Hazardous Waste: Solid Wastes regulated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. Section 1002, et seq., as amended, or regulated as toxic under the Toxic Substances Control Act or, 15 U.S.C.A. Section 2601 et seq., as amended, regulations promulgated hereunder or applicable state law or City ordinances concerning the regulation of hazardous or toxic wastes. 1.21 Landfill (Sanitary): A lawfully permitted sanitary Landfill of the Contractor's selection. 1.22 Polycart (when used alone): Trash and Recyclables Polycarts, collectively. 1.23 Recyclable Materials: Commodities collected by Contractor pursuant to this Contract, which can be sold in a spot or future market for processing and use or reuse including, but not limited to, newsprint, magazines, plastic (PET and HDPE) bottles, glass containers, aluminum cans and metal (tin) cans. Items may be added or deleted with mutual consent of Contractor and City. 1.24 Recyclables Polycart: A rubber -wheeled receptacle with a maximum capacity of 65 gallons constructed of plastic, metal and/or fiberglass, designed for automated or semi - automated Solid Waste/Recyclable Materials collection systems, and having a tight -fitting lid capable of preventing entrance into the container by small animals. The weight of such Recyclables Polycart and its contents shall not exceed 175 lbs. Polycarts will be provided to each Commercial or Industrial Unit, with ownership retained by Contractor. 1.25 Refuse: Garbage, Rubbish, Solid Waste, Construction Debris and Stable Matter generated by a Customer at a Residential Unit, a Commercial Hand Collect Unit, or a Commercial or Industrial Unit, other than Unacceptable Waste, or other materials prohibited from collection or disposal under this Contract by federal or state laws or regulations. 1.26 Residential Unit: A single family residential dwelling or multi -family development consisting of up to four residential dwelling units, but not including an Apartment Complex. Each mobile or manufactured home located in a mobile or manufactured home park, and SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 2 of 17 Contractor's Initials " w each residential dwelling unit in a multi -family development other than an Apartment Complex, shall be treated as a separate Residential Unit. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied to the dwelling or dwelling unit. 1.27 Residential Customer: An occupant or owner of a Residential Unit located within the Contract Area. 1.28 Roll -off Bin: Containers provided to Customers by Contractor measuring 20 cubic yards, 30 cubic yards, or 40 cubic yards—intended for high-volume Refuse generating Customers—capable of pickup and transport to Landfill by loading of container onto rear of transporting vehicle. 1.29 Rubbish: All Waste, wood, wood products, yard trimmings, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, excelsior, printed matter, paper, pasteboard, rags, cartons, straw, rubber, plastics, used and discarded furniture, used and discarded clothing, used and discarded shoes and boots, combustible Waste pulp and other products such as are used for packaging or wrapping, tin cans, aluminum cans, crockery and glass, ashes, cinders, floor sweeping, glass mineral or metallic substances, and any and all other Waste materials not included in the definition of Bulky Waste, Construction Debris, Garbage, Unacceptable Waste or Stable Matter. 1.30 Special Waste: Special waste as defined in Title 30 Texas Administrative Code Chapter 330, Section 330.3, as amended. 1.31 Solid Waste: Any Garbage, Rubbish, Refuse, Construction Debris, Stable Matter and other Waste that Contractor is required to collect under this Contract, including but not limited to sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities. The term does not include: (A) solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued under the Water Code, Chapter 26; (B) soil, dirt, rock, sand, and other natural or man-made inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements; or (C) Unacceptable Waste. 1.32 Subcontractor: any person or entity that performs any of the work that is the subject of this Contract who is not an Employee of Contractor. 1.33 Stable Matter: All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry, or livestock. 1.34 Trash Polycart: A rubber -wheeled receptacle with a maximum capacity of 95 gallons constructed of plastic, metal and/or fiberglass, designed for automated or semi - automated Solid Waste collection systems, and having a tight fitting lid capable of preventing entrance into the container by small animals. The weight of a Polycart and its SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 3 of 17 Contractor's Initials contents shall not exceed 175 lbs. Trash Polycarts will be provided to each Residential Unit and Commercial Hand Collect Unit, with ownership retained by Contractor. 1.35 Waste: Refuse that is lawfully placed for collection at: Residential Units, Commercial or Industrial Units, Commercial Hand Collect Units, or other buildings or premises where Refuse accumulates. 1.36 Unacceptable Waste: Any and all waste, including but not limited to, Hazardous Waste, Class 1 industrial nonhazardous Special Waste (except pursuant to a Special Waste agreement), and untreated Medical Waste, the acceptance and handling of which by Contractor would cause a violation of any permit condition, legal or regulatory requirement, substantial damage to Contractor's equipment or facilities, or present a substantial danger to the health or safety of the public or Contractor's employees. 2.00. SCOPE OF WORK As described in more detail in this Contract, the Contractor shall provide, in a good workmanlike manner, the services called for and described herein which shall consist of all supervision, equipment, labor, and all other items necessary to provide the City with Solid Waste collection, removal and disposal and to complete said work in accordance with this Contract. 3.00 TYPES OF COLLECTION 3.01 Solid Waste Collection from Residential Units and Commercial Hand Collect Units: The Contractor shall provide semi -automated collection service to all Residential Customers and Commercial Hand Collect Customers for the collection of all Waste properly placed in Trash Polycarts every Tuesday or other designated collection day as agreed to by City and Contractor. In addition, Contractor shall collect a maximum of two of any combination of smaller Bulky Waste items (where the horizontal and vertical dimensions of the item do not exceed four feet in any direction, and the weight is less than 50 lbs.) or Bundles during the regular Tuesday pick-up and any other designated pick-up day. Trash Polycarts and any smaller Bulky Waste items or Bundles shall be placed at curbside by 7:00 A.M. on the designated collection day. On the first regular pick-up day for Solid Waste following Christmas Day, Contractor shall collect up to four smaller Bulky Waste items (as defined in this paragraph) and up to six additional securely tied trash bags not exceeding 45 gallons each placed at the curb next to the Trash Polycart. In addition, Contractor shall provide free to each Residential and Commercial Hand Collect Customer, collection of live Christmas trees during the two-week period following Christmas Day. Collection of live Christmas trees shall occur on two separate designated collection days, once between Christmas Day and New Year's Day, and once following New Year's Day during the first week of January. 3.02 Recyclable Collection from Residential Units and Commercial Hand Collect Units: The Contractor shall provide semi -automated collection service to all Residential Customers and Commercial Hand Collect Customers, for the collection of all Recyclable Materials placed in a Recyclables Polycart every Friday or other designated collection day as agreed to by City and Contractor. Recyclables Polycarts shall be placed at curbside by 7:00 A.M. on the designated collection day. Customers are not required to separate Recyclable Materials by type of material; therefore, Recyclable Materials may be co -mingled with other Recyclable Materials. On the first regular pick-up day for Recyclable Material following Christmas Day, Contractor shall collect collapsed cardboard boxes placed at the curb next to the Recyclable Polycart. The number of boxes shall not exceed an amount normally expected for a typical Residential or Commercial Hand Collect Customer. 3.03 Bulky Waste Collection: The Contractor shall, at no additional cost, provide for the collection of Bulky Waste not exceeding 2 cubic yards from Residential Customers and SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 4 of 17 Contractor's Initials Commercial Hand Collect Customers once per month on the third Friday of each month or on a designated day agreed to by City and Contractor. For an amount of Bulky Waste material that exceeds this rough dimension, a Customer shall call the offices of Contractor to receive a quotation for the removal of a larger quantity. Bulky Waste item pickup is included in this Contract rate unless the items are business related or building materials. Refrigerators and air conditioning units must be serviced and tagged by a registered technician for removal of Freon before pickup. 3.04 Commercial and Industrial Dumpster Collection: Contractor shall provide automated collection service to all Commercial and Industrial Customers for the collection of all Waste properly placed in Dumpsters. Collections shall occur the minimum number of times and by the size of Dumpster required by each Customer at the rates set forth in this Contract. Most Dumpsters are required to be enclosed in a Dumpster enclosure with a minimum 10 -foot clear opening. The Contractor is required to close and secure the doors to all Dumpster enclosures after replacing the Dumpster. 3.05 Commercial Roll -off Bin Collection: Roll -off Bins at the size requested by the Customer shall be rented to and picked up on request of the Customer and shall be billed for each pickup in addition to a monthly rental charge (said rental charge to be calculated daily) at the rates set forth in this Contract. 4.00 OTHER SERVICES PROVIDED BY CONTRACTOR 4.01 Sludge Removal: Contractor shall supply at no rental cost a 20 cubic yard Roll -Off Bin to a location specified by the City for Waste Water Sludge from City's water treatment plant (20 cubic yard roll off container). As to said Roll -off Bin, City will pay $150.00 per pickup, plus $32 per ton disposal fee. Pick up shall be on an as -needed basis as often as specified by the City. 4.02 Solid Waste Collection at Community Events: Contractor shall provide, at no cost to the City, Waste containers, collection, and disposal services for all City -sponsored or City - endorsed special events that take place in the Contract Area (i.e., July 4`h celebration, parades, festivals, etc.). The number and placement of Waste containers shall be coordinated with the City. Contractor shall further provide, at no cost to the City, three 30 cubic yard Roll -off Bins twice each year for a City sponsored clean-up event. Collection and disposal of said Roll -off Bins shall be provided by Contractor at no cost to the City. 4.03 Solid Waste Collection and Disposal for City Projects: Up to five times per year, Contractor shall provide, at no cost to the City, a single 30 cubic yard Roll -off Bin for the purpose of collecting Solid Waste or Construction Debris from City projects. A total of five disposal pick-ups per year of said Roll -off Bins shall be provided by Contractor at no cost to the City. 4.04 Storm Debris Collection and Disposal: In the event of a natural disaster, or other act of God, as determined by the City, the Contractor shall have 12 hours to provide to the City the types and amounts of resources available to be immediately deployed in response to such an incident. At a minimum, the Contractor shall be required to provide four (4) 30 - yard Roll -off Bins, emptied and returned two (2) times per day for a minimum of 5 days. Additionally, the Contractor will collect up to two (2) cubic yards of Bulky Waste per Residential Unit weekly for a minimum of four (4) consecutive weeks. All Storm Debris Collection and Disposal services shall be provided at no cost to the City. 4.05 Solid Waste Collection at City Facilities: Contractor shall provide, at no cost to the City, Waste collection, Dumpsters with locks (and/or Polycarts) of the size and type indicated below at the following locations: SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 5 of 17 4 1 Contractor's Initials 1y NAME CURRENT LOCATION TYPE NUMBER OF PICKUPS City Administration 111 N. Powell Pkwy. 2 d.* once per week* *Police/Municipal Annex Building 101 S. Powell Pkwy. 2 yd.* once per week* Public Works Bldg. 3223 N. Powell Pkwy. 6 yd. once per week Fire Station 305 S. Powell Parkway 2 d.* twice per week* Natural Springs Park 1201 W. White Street 2 yd. once per week Sla ter Creek Park 425 W. Rosemond Pk 4 yd once per week Sherely Park 101 S. Sherely 2 yd. twice per week Johnson Park 504 FM 2662 North 2 yd. twice per week * In lieu of Dumpster, City may elect Polycarts with comparable volume to be collected twice per week per the Residential and Commercial Hand Collect Trash Collection service. 4.06 Solid Waste Collection at Churches: Contractor shall provide free collection and disposal of a single Trash Polycart and a single Recyclables Polycart for all churches in the Contract Area. 4.07 Service to Disabled and Elderly Residential Customers: Notwithstanding anything to the contrary contained herein, Contractor agrees to assist physically disabled and elderly Residential Customers with the curb -side collection of their Solid Waste and Recyclable Material; provided that Contractor receives prior written notice from the Customer or the City of such special need. The City shall make the final determination as to the eligibility of a Residential Customer to qualify for this service. 5.00. COLLECTION OPERATION 5.01 Hours of Operation: The Contractor will determine hours of operation subject to the following: 1) In residential areas or locations immediately adjacent to residential areas, collection of Solid Waste shall begin no earlier than 7:00 a.m. and shall generally not extend beyond 7:00 p.m.; 2) There shall be no Solid Waste collection on Sunday without prior written approval of the City. 5.02 Hours of Disposal: Contractor shall dispose of waste within the operating hours of the Landfill. 5.03 Routes of Collection: Collection routes shall be established by the Contractor as approved by the City. The City shall be provided route collection maps and container locations, and shall make final determinations regarding routes and has the right to reject and request modification of routes, and updates on routes of Contractor. Contractor may submit proposals changing the collection routes and/or changing the collection days to the City for its prior approval, which approval shall not be unreasonably withheld. Upon City approval, Contractor shall promptly give advance written notice to the affected Customers of any substantive changes. 5.04 Holiday The following shall be holidays for purposes of this Contract: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Eve Christmas Day SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 6 of 17 � Contractor's Initials Contractor may decide to observe any or all of the above-mentioned holidays by suspension or collection service on the holiday, but the Contractor must meet its obligation as required. Make-up days shall be the business day prior to or following the holiday or another day agreed to by City and Contractor. Not later than December 1st of each year, Contractor shall submit its request for suspension of service for the coming year. 5.05 Office: The Contractor shall maintain an office or such other facilities through which it can be contacted. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 A.M. to 5:00 P.M., Monday through Friday. 5.06 Complaints: (a) The Contractor, at its expense, will provide a telephone answering service from 8:00 A.M. until 5:00 P.M. daily, Monday through Friday, excluding such Holidays as may be approved under this Contract, for the purpose of handling complaints and other calls regarding Solid Waste collection service provided by the Contractor. The Contractor will secure an annual listing in the local phone directory with coverage of Anna, under the name by which it conducts business in the community. All complaints can be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the Contractor shall investigate and if such allegations are verified, shall arrange for the collection of the Solid Waste not collected within 24 hours after the complaint is received. (b) The Contractor will check with City Hall during the collection day and at the conclusion of the collection day to address any complaints. 5.07 Collection -Equipment: (a) Contractor, at its sole cost and expense, agrees to furnish, all trucks, equipment, machines, and labor which are reasonably necessary to adequately, efficiently, and properly collect and transport Solid Waste from accounts serviced by Contractor in accordance with this Contract. Collection of Solid Waste shall be made using sealed packer -type trucks, and such equipment shall not be allowed to leak nor scatter any waste within the limits of the City nor while in route to the Disposal site, where such accumulation shall be dumped. Contractor shall, if necessary, hand -clean all spillage resulting from its Solid Waste and Recyclable Materials collection activities. (b) Due to street size variations in the City, the Contractor will need to provide equipment that will accommodate such public streets and alleys. The Contractor will utilize lighter -capacity single -axle automated collection trucks (not larger than 20 -yard capacity) on all public streets and alleys and in any other areas identified by the City and Contractor as likely to be damaged by the use of heavier Solid Waste hauling equipment (i.e., on asphalt or seal coat paved streets and parking areas). The City shall make the final decision as to whether an area is likely to be damaged by the use of heavier Solid Waste hauling equipment. (c) All motor vehicles used in performance of the obligations herein created shall be clearly marked with the Contractor's name, telephone number and unit number legible from 150 feet. No advertising shall be permitted on vehicles. All collection equipment shall be maintained in a first class, safe, and efficient working condition throughout the term of this Contract. Such vehicles shall be maintained and painted as often as necessary to preserve and present a well -kept appearance, and shall adhere to a SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 7 of 17 Contractor's Initials regular preventative maintenance program. The City may inspect Contractor's vehicles at any time to insure compliance of equipment with this Contract, or require an equipment replacement schedule to be submitted to City. Vehicles are to be washed on the inside and sanitized with a suitable disinfectant and deodorant a minimum of once a month. Such vehicles shall be washed and painted or repainted as often as necessary to keep them in a neat and sanitary condition. 5.08 Disposal: Except for Recyclable Material collected from Recyclables Polycarts, Contractor shall deliver all Solid Waste collected under this Contract to a Licensed Sanitary Landfill operated in compliance with rules adopted by the TCEQ and/or the USEPA. Contractor shall deliver Recyclable Material collected from Recyclables Polycarts to a processing site, which must have established Commodity Buyers or markets for the Recyclable Material. The Contractor shall be required to identify the processors of the Recyclable Material upon request by the City. Recyclable Materials collected for the purpose of recycling may not be deposited in any Landfill. The Contractor shall further meet the following requirements: (a) No later than December 31 each year, Contractor shall submit a list of the landfill(s) it has utilized in the previous year, and the landfill(s) it intends to utilize for the coming year. (b) In the event a collection of Recyclable Materials is rejected at the processing site due to excessive contamination, Contractor shall immediately notify the City of such occurrence. 5.09 Spillage: The Contractor shall be responsible for all spilled or scattered Solid Waste or Recyclable Materials (collectively, "Spillage") caused in whole or in part by its acts or those of any of its Employees or Subcontractors, in which case all Spillage shall be picked up and cleaned immediately by the Contractor. Contractor will not be required to clean up or collect Spillage not caused by the acts of its Employees or Subcontractors, but shall report the location of such Spillage to the Anna City Hall so that proper notice can be given to the Customer at the premises to prevent Spillage. Notwithstanding the foregoing, Contractor shall pick up Spillage or excess Solid Waste from Commercial and Industrial Customers after the Customer reloads the container if overfilled by the Customer. In such cases, Contractor shall be entitled to an extra collection charge for each reloading of a Dumpster or Roll -off Bin requiring an extra collection. Should such spillage continue to occur at Commercial and Industrial Customer locations, City shall require the Customer and Contractor to increase the frequency of collection of the Customer's Solid Waste or require the Customer to utilize a Dumpster or Roll -off Bin with a larger capacity, and the Contractor shall be compensated for such additional services in accordance with the rates set forth in this Contract. City agrees to require and Contractor agrees to supply additional Polycarts at Residential Units and Commercial Hand Collect Units which regularly generate Solid Waste in excess of what can be contained in their existing Polycart(s). Customers must pay an additional amount as outlined in this Contract for additional Polycarts. 5.10 Vicious Animals: Employees of the Contractor shall not be required to expose themselves to the dangers of vicious animals in order to accomplish Solid Waste collection in any case where the owner or tenants have animals at large, but the Contractor shall immediately notify the City, in writing, of such condition and of Contractor's inability to make collection. 5.11 Hazardous Waste: Contractor shall not be obligated to collect Hazardous Waste, including refrigeration appliances that have not had CFC's removed by a certified technician, tires, automobile/vehicle batteries, petroleum products, paints and other SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 8 of 17 Contractor's Initials chemicals and solvents identified as hazardous by the U.S. Environmental Protection Agency. 5.12 Protection From Scattering: Each vehicle shall be equipped with a cover which may be net with mesh not greater than 1-1/2 inches, or tarpaulin, or fully enclosed metal top to prevent leakage, blowing or scattering of Solid Waste or Recyclable Materials onto public or private property. Such cover shall be kept in good order and used to cover the load going to and from the Landfill, during loading operations, or when parked if contents are likely to be scattered. Vehicles shall not be overloaded so as to scatter Solid Waste or Recyclable Materials; however, if Solid Waste or Recyclable Materials are scattered from Contractor's vehicle for any reason, it shall be picked up immediately by the Contractor. Each vehicle shall be equipped with a fork, broom and shovel for this purpose. 5.13 Number of Collections: The collection and removal of Solid Waste from premises used for commercial, institutional, or industrial purposes shall be made as often as necessary in order to maintain the premises free of such accumulations. Solid Waste shall be collected not less than one time each week, except for Roll -off Bins which shall not be subject to this provision so long as they are used solely for brush and dry Solid Waste. Materials in Recyclables Polycarts shall be collected and disposed of weekly. 5.14 Location of Polycarts Bundles and Bulky Waste Items for Residential and Commercial Hand Collect Collection: Contractor shall collect each Polycart, Bundle, or Bulky Waste item from Residential and Commercial Hand Collect Customers that is placed at curbside for collection in accordance with this Contract and the ordinances and regulations adopted or promulgated by the City. Curbside refers to that portion of right of way adjacent to public roadways, regardless of the type of road surface or whether the road is curb and gutter. Each Polycart, Bundle, or Bulky Waste item shall be placed in an accessible, outdoor location on a hard surface according to the individual agreement. The Contractor may decline to collect such materials not so placed. 5.15 Collection Containers Responsibility of Contractor: The type and quality of Solid Waste collection containers that Contractor provides under this Contract (including Polycarts, Dumpsters, and Roll -off Bins) shall (consistent with this Contract) be of the same or better type and quality of Solid Waste collection containers provided by the Contractor under the immediately preceding Solid Waste Collection Contract, attached hereto as Exhibit A, and the Commercial and Industrial Solid Waste Collection and Disposal Contract, attached hereto as Exhibit B. Prior to changing the manufacturer or types of Solid Waste collection containers that Contractor is required to provide under this Contract, Contractor shall submit to City for City's sole approval, the proposed manufacturer's information, photographs, and any other information required by the City, of the collection and disposal equipment that is proposed to be used and/or provided by Contractor under this Contract, including Polycarts, Dumpsters, and Roll -off Bins of the various sizes and types that will be used to fulfill the requirements of this Contract. The Contractor shall further meet the following requirements: a. Contractor shall provide each Residential and Commercial Hand Collect Customer a single 95 gallon Trash Polycart and a single 65 gallon Recyclables Polycart. Each Polycart shall be branded with the name of Contractor's business and a unique identifying number. Trash Polycarts and Recyclables Polycarts shall be different colors approved by the City. b. Contractor shall provide each Commercial and Industrial Customer Dumpster(s) and/or Roll -off Bin(s) which are reasonably necessary to adequately, efficiently, and properly collect Solid Waste from Customers serviced by Contractor in accordance with this Contract. SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 8 of 17 ^w Contractor's Initials c. Contractor shall be responsible for replacing Customer Polycarts, Dumpsters and Roll -off Bins that are stolen or become damaged through normal use. All commercial and industrial containers shall be in good repair, with the name of Contractor's business and phone number clearly identifiable on the container. 5.16 Personnel: All Contractor personnel shall be competent and skilled in the performance of the work to which they are assigned. The Contractor shall establish and maintain criteria for the hiring and performance of its personnel to monitor the competency and skill of its Employees 6.00 LICENSE AND TAXES The Contractor shall obtain all licenses and permits and promptly pay all taxes required by the City and the State. 6.00 INDEMNITY It is expressly understood and agreed that the City has no right of control, supervision, or direction over any work performed by the Contractor, its agents, employees, subcontractors or Customers, nor does the City have any control, supervision or direction of the means, methods, sequences, procedures, and/or techniques utilized to complete such work. There shall be no joint control over any such work. CONTRACTOR AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY AND ITS OFFICIALS, OFFICERS, AND EMPLOYEE_ S FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES COSTS EXPENSES, AND ATTORNEYS FEES AND RELATED EXPENSES ARISING OUT OF ANY WILLFUL OR NEGLIGENT ACTS OR OMISSIONS INCIDENT TO ANY WORK OF THE CONTRACTOR. THE CITY SHALL NOT BE RESPONSIBLE FOR ANY NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT INTENTIONAL CONDUCT VIOLATION OF STATUTE OR COMMON LAW, BREACH OF WARRANTY, PRODUCT DEFECT OR ANY OTHER CONDUCT WHATSOEVER OF CONTRACTOR, OR ANY OF ITS AGENTS, EMPLOYEES,OR CUSTOMERS. THE INDEMNITY HEREIN IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED IN WHOLE OR IN PART BY ANY ACT, OMISSION, NEGLIGENCE GROSS NEGLIGENCE, BREACH OF CONTRACT, INTENTIONAL CONDUCT VIOLATION OF STATUTE OR COMMON LAW, OR ANY OTHER CONDUCT WHATSOEVER BY THE CITY, OR ITS OFFICIALS, OFFICERS, OR EMPLOYEES. 7.00 INSURANCE The Contractor shall secure and maintain at its sole cost throughout the duration of this Contract, insurance issued by a carrier(s) authorized to do business in Texas, of such types and in the amounts specified herein to protect Contractor and the interests of the City against all hazards or risks of loss as hereinafter specified with the City named as additional insured on all policies. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property, which may arise from or in conjunction with the performance of the work hereunder by Contractor, or the Contractor's agents, representatives, Employees, or Subcontractors. The form and limits of such insurance, together with the underwriter thereof in each case, must be acceptable to the City but regardless of such acceptance it shall be the responsibility of Contractor to maintain adequate insurance coverage at all times. Failure of Contractor to maintain adequate coverage shall not relieve Contractor of any contractual responsibility or obligation. Each policy shall provide that there will be no cancellation SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 10 of 17 . Contractor's Initials.J W or alteration or modification that reduces coverage in any way prior to 30 days written notice being given to the City. A copy of each policy, or at the City's discretion, a certificate of insurance, shall be filed with the City Secretary's office. Minimum levels of insurance are required to be kept as follows: Minimum Limits of Insurance: Type Coverage Per Occurrence Aggregate Minimum Minimum Workers Compensation As required by law and shall As required bylaw. cover all employees including drivers. Comprehensive General $1,000,000 $1,000,000 Liability Property Damage $1,000,000 $1,000,000 Comprehensive Auto Liability $1,000,000 $1,000,000 Bodily Injury Comprehensive Auto Liability- $500,000 $1,000,000 Property Damage Umbrella Policy $5,000,000 $5,000,000 8.00 PERFORMANCE BOND For the purpose of securing the performance of Contractor's obligations hereunder, Contractor shall obtain a corporate surety bond in the amount of $250,000.00, which shall guarantee its performance under this Contract during the entire five-year term of this Contract. All premiums due on such bond shall be paid by Contractor. At the City's request, Contractor shall provide a copy of such bond along with a certificate from the surety of such bond stating that all premiums due on the bond have been paid in full. The surety on the bond shall be a duly authorized corporate surety authorized to do business in the state of Texas. All bonds shall be issued by a Best -rated bonding company. Contractor must give the City at least 30 -days notice if it has any reason to believe that the bond may be cancelled, revoked or modified in any manner. The bond itself must state as follows: "The surety will provide the City of Anna at least 30 days notice before this bond is cancelled, revoked or modified in any manner." 9.00 ADJUDICATION AND NOTICE PROCEDURES 9.01 Contractor must deliver written notice to City within three calendar days of any act, occurrence or event giving rise to any claim, dispute or controversy between Contractor and City. 9.02 Contractor must also deliver within 25 days of any such act, occurrence or event giving rise to any claim, dispute or controversy between Contractor and City, a detailed written specification of such claim, dispute or controversy and the particular alleged damages associated with such claim, dispute or controversy with supporting documentation. 9.03 After these notices are made by Contractor, the parties agree to attempt to resolve the claim, dispute or controversy by mediation with a mediator selected by the City. Mediation shall occur within 30 days of the 25 -day notice, and the costs of mediation will be shared equally by the parties. 9.04 Strict adherence to these adjudication and notice requirements shall be a condition precedent to Contractor filing a claim, suit, or any cause of action which has as its basis any such act, occurrence or event giving rise to any claim, dispute or controversy between SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 11 of 17 �W Contractor's Initials/ Contractor and City. The failure by Contractor to follow the adjudication and notice procedures precisely as set forth in this provision and this Contract shall act and operate as a waiver and complete bar to any recovery for such claim, dispute or controversy, and the Contractor shall be barred from making any such filing and shall not be entitled to any damages regarding such claim, dispute or controversy regarding such claim, dispute or controversy. 10.00 TRANSFERABILITY OF CONTRACT No assignment of the Contract or any right accruing under the Contract shall be made in whole or in part by the Contractor without the express written consent of the City. In the assignment, the assignee shall assume the full obligations and liability of the Contractor. The City reserves the exclusive right to determine the competence and responsibility of any such proposed assignee. 11.00 OWNERSHIP Title to Solid Waste and Recyclable Material shall pass to Contractor when placed in Contractor's collection vehicle, removed by Contractor from a Bin, Polycart, or Dumpster, or removed by Contractor from the Customer's premises, whichever last occurs. This does not in any manner excuse Contractor from the obligation to dispose of all Solid Waste at a land fill and deposit all Recyclable Material at a processing site in the manner required under this Contract. 12.00 RATES BILLING AND FRANCHISE FEE 12.01 Rates: Contractor shall be compensated at the following rates for the services listed below: Dumpster Rates Size/Pickup 1xWeek 2x Week 3x Week 4x Week 5x Week Extra Pickup $60 30 Cu Yd 2 Cu Yd $38 $59 $80 $101 $122 $29 3 Cu Yd $48 $86 $124 $162 $200 $37 4 Cu Yd $58 $106 $154 $202 $250 $47 6 Cu Yd $78 $139 $200 $261 $322 $52 8 Cu Yd $98 $163 $228 $293 $358 $61 Locking bars, locks and casters shall be provided as requested by a Customer at no additional charge. Roll -Off Bin Container Rates Size/Pickup Rental per day Cost per pickup Delivery Charge 20 Cu Yd $4 $242 $60 30 Cu Yd $4 $301 $60 40 Cu Yd $4 $347 $60 SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 112 of 17 i Till-6 Contractor's Initials N —6 40 Cu Yd $4 $380 $60 (compactor) Residential and Commercial Hand Collect Customer Rates The City will pay Contractor $12.50 a month per Residential and Commercial Hand Collect Customer, and $5.00 per month for each additional Polycart requested by and delivered to a Customer. Recyclables Polycart Rates for Commercial and Industrial Customers Contractor shall provide Recyclables Polycarts to Commercial and Industrial Customers upon request. City will pay Contractor $5 per month for each Recyclables Polycart provided to Commercial and Industrial Customers with said monthly charge including once weekly collection and disposal service. 12.03 Rate Adjustments: Rate adjustments sought by Contractor will be considered by the City no more than once per year during the term of this Contract. The change in the Consumer Price Index (Dallas/Fort Worth, all Urban Consumers) during each 12 -month period, and other factors may be considered by the City Council in making rate adjustments. All rate adjustments are at the discretion of the City, and rate increases may be temporary when deemed appropriate by the City. The City reserves the right to increase rates or charges to Customers without any increase in compensation to the Contractor. Rate adjustments shall be made in writing by resolution or ordinance of the City Council. In conjunction with any rate adjustment request, Contractor shall submit to the City a listing of all equipment owned by and available to the Contractor to perform the Contractor's obligations under this Contract. This list shall include vehicle make and model, age, mileage, and overall condition of the vehicles. 12.04 Billing: (a) Party Performing Billing. The City will exclusively perform Customer billing of Residential, Commercial Hand Collect, and Commercial and Industrial Customers except that Contractor shall, at the City's option, perform Customer billing for rental and services related to Roll -Off Bins. The City may at any time assume the performance of all Customer billing, including billing related to Roll -Off Bins at any time during the term of this Contract. Should the City decide to assume the performance of billing for services related to Roll -Off Bins, or reassign such duty to Contractor, the City shall give the Contractor at least 30 days advance written notice and the Contractor must cooperate with the City in all reasonable respects to facilitate the billing. The City will remit to Contractor the amounts received from Customers—less Franchise Fees and any funds that the City is entitled to retain based on rate increases—within 10 days of receipt of same. (b) Contractor's Duties to Provide Billing Information. To assist the City in billing and to provide verification of billing information with respect to Contractor's services, Contractor shall provide the City with a detailed monthly invoice showing all services rendered for the immediately preceding month. Said invoice shall be due on or before the fifth day of each month, and must include, at a minimum: (1) the number of Residential and Commercial Hand Collect Customers; (2) the number and location of each additional Polycart provided to Residential and Commercial Hand Collect Customers; (3) the amount to be billed to Residential and Commercial Hand Collect Customers for all services that Contractor provided during the applicable month; (4) the following information for each Commercial SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 13 of 17 Contractor's Initials J—bl6 and Industrial Customer: (a) the name and address of each Customer; (b) the amount, location, and size of Dumpsters and for each Dumpster the number of collections per week and extra pickups; (c) the amount, location, and size of Roll -Off Bins, and for each Roll -Off Bin the number of days rented, number of pickups performed, and amounts for delivery charges; (d) the amount and location of each Recyclables Polycart; (e) the amount to be billed to each Customer for all services related to Recyclables Polycarts and Dumpsters that Contractor provided during the applicable month; and, (f) the amount to be billed to each Customer for all services related to Roll -Off Bins that Contractor provided during the applicable month. 12.05 Franchise Fee: For the exclusive use of public streets and rights-of-way for the provision of services set forth in this Contract, Contractor shall be responsible to the City for a Franchise Fee in the amount of 10% of all amounts that Contractor is entitled to receive from Customer for services under this Contract, regardless of whether the Contractor or the City performs the billing for such services. The Contractor will be responsible to the City for the Franchise Fee regardless of whether a Customer defaults on a bill. 13.00 RECORDS 13.01 The Contractor agrees to maintain at Contractor's place of business adequate records relating to the performance of Contractor's duties under this Contract, and such records shall be made available at any time during business hours for inspection by the City, at the City's expense, upon reasonable advance notice. 13.02 Contractor shall provide City each month, a written report that shows: 1) the total amount of Solid Waste collected under this Contract and disposed of in a Landfill during the reporting period; and 2) the total amount of Recyclable Material collected under this Contract and deposited at a processing site with established Commodity Buyers or markets for the Recyclable Material during the reporting period. 14.00 TERMINATION FOR CAUSE a. The City may cancel this Contract by giving the Contractor ten days' written notice, upon the happening of any one of the following events: The Contractor shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy (court) or a petition or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any other law or statute of the United States or any state thereof, or consent to the appointment of a receiver, trustee or liquidation of all or substantially all of its property. (In the event that any bankruptcy, insolvency, reorganization, receivership, or similar proceeding is instituted by or against the Contractor, or in the event the Contractor makes an assignment for the benefit of creditors, the Contractor shall not assert or list this Contract as an asset of such action); or 2. By order or decree of a court, the Contractor shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of the Contractor, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or of any state thereof; or 3. By, or pursuant to, under the authority of any legislative act, resolution or rule or any order or decree of any court or governmental board, agency or officer having jurisdiction, a service, trustee or liquidation shall take possession or control of all or SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 14 of 17 �- Contractor's Initials��'`J substantially all of the property of the Contractor, and such possession or control shall continue in effect for a period of 60 days; or 4. Failure to comply with any state or federal law relating to health or safety governing the service provided under this Contract or failure to obtain, and maintain, any state or federal permits required or any insurance coverage or bond as stated herein. In the event of any such failure, termination shall be effective upon the date specified in the City's written notice to the Contractor and upon said date this Contract shall be deemed immediately terminated and upon such termination all liability of the City under this Contract to the Contractor shall cease. It is expressly understood and agreed that, if at any time Contractor shall fail to perform any of the terms, covenants, or conditions herein set forth, and shall fail to correct same within 15 days after written notice from the City, the City may, after a hearing as described herein, revoke and cancel the franchise herein granted, and this Contract shall become null and void. The hearing prerequisite to such revocation shall not be held until notice of such hearing has been given to Contractor by certified mail, addressed to Contractor at the address shown in Section 15 of this Contract, and a period of at least 15 days has elapsed since the mailing of such notice. The notice shall specify the time and place of the hearing and shall include the reasons for revocation of such franchise and this Contract. The hearing shall be conducted in public by the City Council, and Contractor shall be allowed to be present and given full opportunity to answer such charges and allegations as are set forth in the notice. If, after the hearing is concluded, the City Council shall determine that the charges and allegations set forth in the notice are supported by the facts presented at the hearing, they may revoke and cancel this Contract and the franchise, and the same shall become null and void, except that all of Contractor's obligations under this Contract to indemnify, defend and hold harmless the City shall survive the termination of this Contract. 15.00 NOTICES Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: If to the City, at: ATTN: City Manager City of Anna P.O. Box 776 Anna, Texas 75409 If to the Contractor at: Bradshaw & Son Trash Service 1005 W. Houston St. Anna, Texas 75409 or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. 16.00 FORCE MAJEURE Notwithstanding anything herein to the contrary, Contractor shall not be liable for the failure to perform its duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, fire, Act of God, or other similar or different contingency beyond the reasonable control of Contractor. 17.00 SEVERABILITY SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 15 of 17 , . / Contractor's Initialsw In the event that any provision or portion thereof of any provision of this Contract shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with applicable laws. The invalidity or unenforceability of any provision or portion of this Contract shall not affect the validity or enforceability of any other provision or portion of this Contract. 18.00 COMPLIANCE WITH LAWS All applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the work to be performed shall apply to this Contract throughout, and they will be deemed to be included in this Contract as though written out in full in this Contract. Contractor, its officers, agents, employees, contractors, and subcontractors, shall abide by and comply with all laws, federal, state, and local. It is agreed and understood that, if the City calls the attention of Contractor to any such violations on the part of the Contractor, its officers, agents, Employees, contractors, or Subcontractors, then Contractor shall immediately desist from and correct such violation. 19.00 DISCRIMINATION PROHIBITED Contractor, in the execution, performance, or attempted performance of this service, shall not discriminate against any person or persons because of sex, race, religion, color, national origin, age or disability. The Contractor must be an equal opportunity employer. 20.00 TERM Subject to earlier termination as provided for under this Contract, the term of this Contract shall commence on September 1, 2013 and conclude on August 31, 2018, with one five-year renewal option pending written agreement of both parties consenting to such renewal. Should either the City or Contractor elect not to renew and extend this Contract for an additional five-year period, notice must be given, by certified mail (return receipt requested) to the other party in writing not less than 60 days prior to the expiration of this Contract. However, failure to provide such notice shall not result in the automatic renewal of this Contract. Between February 1, 2018 and February 28, 2018, the Contractor shall provide written notice to the City of the upcoming renewal/non- renewal date. 21.00 CONTRACT INTERPRETATION, CHOICE OF LAW, VENUE This Contract is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and neither more nor less strongly for or against either party, regardless of which party originally drafted the portion in dispute. The parties agree that this Contract shall be governed by the law of the State of Texas; the parties further agree that exclusive jurisdiction and venue for all actions arising out of this Contract shall be in Collin County, Texas. 22.00 MODIFICATION AND WAIVER Except as set forth in Section 23.00, below, this Contract constitutes the complete agreement between the City and Contractor, and supersedes any other written or oral agreement. This Contract may not be altered, revised or modified except by a written modification signed and properly authorized by the parties. The failure of the City at any time to require performance by Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by the City of any breach of a provision hereof be taken or deemed to be a waiver of any succeeding breach of such provision or as a waiver of a breach of any other provision. SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 16 of 17 Contractor's Initials 23.00 OTHER CONTRACTOR REQUIREMENTS AND OBLIGATIONS All Contractor requirements and obligations under the immediately preceding Solid Waste Collection Contract, attached hereto as Exhibit A, and the Commercial and Industrial Solid Waste Collection and Disposal Contract, attached hereto as Exhibit B, that are not in conflict with this Contact, shall continue as requirements and obligations of the Contractor under this Contract. IN WITNESS WHEREOF, the City and the Contractor have executed this Contract. CITY OF ANNA, TEXAS B: P ilip Sa ers, City Manage THE CONTRACTOR: Joe Bradshaw d/b/a Bradshaw & Son Trash Service o- Bradshaw i Witn -��/�� ATTEST: J11 N ha Wilkison, City Secretary (City Seal) OF SOLID WASTE COLLECTION AND DISPOSAL CONTRACT Page 17 of 17 Contractor's Initials