HomeMy WebLinkAboutRes 2020-01-676 Bradshaw Not to Auto RenewCITY OF ANNA, TEXAS
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A RESOLUTION OF THE CITY OF ANNA, TEXAS ELECTING TO NOT AUTO -RENEW
THE SOLID WASTE COLLECTION AND DISPOSAL CONTRACT WITH BRADSHAW
& SONS TRASH SERVICE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Anna entered into a Solid Waste Collection and Disposal Contract
with Bradshaw & Sons Trash Service on July 24, 2018 attached hereto as Exhibit "A',
and,
WHEREAS, Section 20.00 TERM identifies the length of the initial contract, concluding
on August 31, 2020, and three 1 -year periods of auto -renewal; and,
WHEREAS, in accordance with the contract either party may elect to not renew by
providing notice in writing to the other party not less than 120 days prior to the expiration
date; and,
WHEREAS, the City Council of the City of Anna, Texas has determined that it is in the
best interest of the City of Anna to conduct a public Request for Proposal process to
evaluate and identify solid waste collection and disposal services for the City; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Written Notice.
That the City Manager is hereby authorized to provide written notice to Bradshaw &Sons
Trash Service that the City elects to not auto -renew the current contract, said notice to be
done via certified mail, and not less than 120 days prior to the expiration of the contract
in accordance with Section 20.00 TERM of the current Solid Waste Collection and
Disposal Contract, attached hereto as Exhibit "A."
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this
28th day of January 2020.
ATTEST:
EMMA
MCA OWWWW''KE,
_City Secretary, Carrie L. Land
%10�F 1i,APPROVED:
°°° t°%**
yor, Nate Pike
Exhibit A
(see next page)
SOLID WAS1'I~ COLL ECT[ON AND DISPOSAL CONTF2ACT
THIS SOLIb WASTE COLLECTION ,�DISPOSAL CONTRACT (this "Contract") for collection and
disposal Is made and entered into this day of G1,e 91teo) , 2018, by and between the
CITY OF ANNA, TEXAS, a home -rule municipality (t e "Cit '), and JOE W. BRADSHAW, an individual,
doing business as "Bradshaw & Son Trash Service" (the "Contractor").
1.00. bll~IN{TIONS
1.01 Apartment Complex: Amulti-family residential development with mare than four residential living
units.
1.02 Bulky Waste: As re{aces 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.Q3 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 Com; The City of Anna, Texas
1.05 Commercial Nand Collact Unit: A re#ail 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 wn the Contract Area.
1.07 Commercial or industrial Uni#: Any Apartment Complex and all commercial and/or industrial
businesses and establishments, including, bu# 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 Customee: An occupant or owner of a Commercial or Industrial Unit
located within the CantracE 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
Contrack—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 Band.
1.14 Contract Area: The area within the corporate boundaries of the City at any given time during the
term of this Conhr
SOLI) WASTE GQL.L�CTfON AN13 i7lSpOSAL CONTRACT'
Page 1 of 17
Contractor`s initials �,
1J5 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 Dispasai 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 Emitloyee: Any foil -time orpart-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�Sanitarv): A lawfully permitted sanitary i.andfill of the Contractor's selection.
1,22 Poiycart (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 usa or reuse including, but not limited ta,
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 Polycari: Arubber-wheeled receptacle with a maximum capacity of 65' gallons
constructed ofi plastic, metal and/or fiberglass, designed for automated or semi -automated Solid
Waste/Recyclable Materlals 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 llnit, or a Commercial or Industrial
Unit, otherthan Unacceptable Waste, or other materials prohibited from collection or disposal under
this Contract by federal or state laws or regulations,
1.26 Residential Un{t: 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 each residential dwelling
unit in a multifamily 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 Resldentlal Customer: An occupant or owner of a Residential Unit located within the Contract Area.
SOLID WASTE COLLECTION AND
pISpOSAI. CONTRACT
sage 2 of 17
Canfractor's InitialsNAME 3WA 1
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
plant's, 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, On 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 Ghapter 330,
Section $30.3, as amended.
1.31 Sniid 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, semisolid, 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 materia( in irrigation return
flows, or industrial discharges subject to regulation by permit issued under the Water Code,
Chapter 26;
(B) soil, dirt, rack, sand, and ofher natural or manmade 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 Wasfie.
1.32 Subcontractor: any person or entity the# performs any of the work that is the subject of this Contrac#
who is not an Hrnployee 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: Arubber-wheeled receptacle with a maximum capacity of 95 gallons constructed
of plastic, metal and/ar 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 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.
SOi..11a WASTE COLLECTION AND DISPOSAL
CONTRACT
Page 3 of 17
Contrantor's Initials _�___.
2,00. SGOPE OP WORK
As described in more detail in this Contract, the Contractor shad 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 Oi; C(}LLEGTION
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. The
two bulky waste Items can Include lawn bags. 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 Commerclal 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 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 industriai'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 10400t clear opening. The Contractor is
required to close and secure the doors to all Dumpster enclosures after replacing the Dumpster.
3.05 Commercial Rolloff Bin Collecting: Roll -off Bins at the size requested by the Customer shall be
rented to and picked up on request of file Customer and shall be billed for each pickup in addition
SOLID WASTE COLLECTION AND DISPOSAL. CONTRACT
Page 4 of 17 „�
Contractor's initials
to a monthly rental charge (said rental charge to be calculated daily) at the rates Sr;t forth in this
Contract.
4.00 OTHER SERVICES pROVIgED E3Y CONTRACTOR
4,01 Sludge Removal: Contractor shall supply at no rental costa 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 Wasfe Collection at Community Events: Contractor shall provide, at no cast to fhe 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 41" 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 RoN�off Sins twice each year for a City sponsored
cleanup event. Collection and disposal of said Rolloff Bins shall be provided by Contractor at no
cost to the City.
4.03 Solid Was Collection and Disposal for City Projects: Up to ten 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 six 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 Roil -off Bins, emptied and
returned two (2) times per day for a minimum of 6 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.
4405 Solid Waste Collection at Clty Facilities: Contractor shall provide, at no cost to the City, Waste
- collection, Dumpsters with locks (and/or Polycarts) or rolloff containers of the size and type
indicated below at the following locations:
NAME
* In lieu of Dempster, City may elect Polycar#s with
CURRENT LOCATION
TYPE
NUMBER Olr PICKUPS
Clt Administration
111 N. Powell Pkw .
2
d.*
once per
week*
*Police/Municipal
101 S. Powell Pkwy.
2
yd.*
once per
week*
Annex Building
Public Works Bldg.
3223 N. Powell Pkw .
6
vd.
once per
week
Public Works Bldg.
3223 N. Powell Pkwy.
20 d.
6 times per
year
Fire Station
305 S, Powell Parkway
2
ydo*
twice per
week*
AEDC Inc. Cube
312 N. Powell Parkway
2
d.*
once per
week*
Natural Springs
1201 W. White Street
2
yd*
once per
week
Park
Sla ter Creek Park
.
425 W. Rosemond Pkw4
yd,
once per
week
Sheri Park
101 S. Sherel
2
Vda
twice per
week
Johnson Park
604 FM 2662 North
1 2
vd.
I twice per
week
comparable volume to be collected twice per
week per the Residential and Commercial Hand Collect Trash Collection service.
4.05 SoNd 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.
SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
Page 6 of 17
Contractor's Initials
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 fhe 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 waske within the operating hours of the Landfill.
5.03 Routes of Cal�ection: Collection routes shall be established by the Gonfractor 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 Nolida s: The following shall be holidays for purposes of this Contract:
New Year's Day
Memorial Day
Labor Day
Thanksgiving Day
Christmas Eve
independence Day
Christmas Day
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. Malce�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 Can#tactor 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 13:00 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
SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
Page 6 of 17
Contractor's Initials
Contractor shall investigate and if such allegations are ver(Ile d, shall arrange far the collection
of the Solid Waste not collected within 24 hours after the complaint -is received.
(b) The Contractor will check with City Mall during the cal{ection day and at the conclusion oP the
collection day to address any complaints.
5.07 Collection-!~quipment and Properly Damage
(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 packerAype 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 Ilghter-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 (Le., 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) The Contractor shall be responsible for the repair of damage to paved surfaces on public
streets, ailey or thoroughfares when such damage is caused by the negligent or happropriate
operation of the Contractor's collection equipment. The Contractor shall not be responsible for
regular wear and tear of public rights of way or regular maintenance to such rights of way.
Substantiation of the cause of such damage shall be determined by the mutual agreement of
the City and the Contractor. Within thirty (30) days after agreement of the parties that such
damage was caused by the negligent or inappropriate operation of the Contractor's equipment,
the Contractor shall either arrange for the satisfactory repair of the pavement and damage
Items or repairs will be performed by the City and the Contractor shall reimburse the City on a
time -plus- material basis. Reimbursement for the materials and labor shall be in the form of a
credit on the Contractor's next monthly billing for residential collection services.
The Contractor shall be responsible for
the repair of damage to residential or commercial
properties when such damage is caused by a negligent act ar omission of the Contractor.
Substanttation of the cause of such damage shall be determined by mutual agreement of the
City and the Contractor. If the parties determine that such damage is caused by a negligent
act or omission of the Contractor, the Contractor shall make the repairs within one (1) week of
such determination, unless additional time Is needed to meet the repair requirements. The
Contractor agrees to notify the resident or business and the City of its course of action and give
a reasonable timeframe for completion.
(d) Ali 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 1s0 feet. No
advertising shall be permitted on vehicles. Such vehicles shall be maintained and painted as
often as necessary to preserve and present a well -kept appearance. 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.
(e) All collection equipment shall be maintained In a first class, safe, and efficient working condition
throughout the term of this Contract and shall adhere to
a regular preventative maintenance
SOLID WASTE~ COLLECTION AND DISPOSAL CONTRACT
Page 7 of 17
Contractor's Initials
program. The Contractor shall complete a thorough inspection of the equipment and vehicles
prior to each single use of said equipment and vehicles within the City of Anna. The inspection
must be documented on a form approved by the City of Anna and shall include a daily
inspection of such items as hydraulic hoses and fittings, fluid levels and vehicle -safety features.
In no case shall equipment and vehicles be used to provide services to the City if said vehicles
and equipment include unresolved deficiencies. Daily Inspection reports shall be signed by a
competent person and shall be submitted to the City of Anna on a monthly basis. The City may
inspect Contractor's vehicles at any time to ensure compliance of equipment with this Contract
ar require an equipment replacement schedule to be submitted to City.
5.08 Disposal: Except for Recyclable Material collected from Recyclabies Polycar#s, 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 Ilst of the Iandfili(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 refected at the processing site due to
excessive contamination, Contractor shall immediately notify the City of such occurrence,
5,09 S ilia e: The Contractor shall be responsible for all spilled or scattered Solid Waste ar 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 Hail 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 pumpster 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 Rolloff 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 V(ciaus Animals: Employees of the Contractor shall not be required to expose themselves to the
dangers of vicious animals in order to accomplish So►id Waste collection in any case where the
owner or tenants have animals at large, but the Contractor shall Immediately notify the City, !n
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 chemicals and solvents
Identified as hazardous by the U.S. Environmental Protection Agency.
SOLID
WASTE COLLi;CT1ON AND piSpOSAL CONTRACT
Pale 8 of '17
Contractor's initials ��__....._,
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 that)
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 t3unaies ana rsuitry vvasre teems ror rcesiaennai ai�ta,.�..v�nniaiu�ai ncaiiu
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 Rolloff 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. Residents
are permitted to purchase one additional polycart and one additional recycle cart or a
combination not to exceed two additional carts per residence at the rate listed in 12.01 and
12.02
b. Contractor shall provide each Commercial and Industria[ Customer Dumpster{s} and/or Roll-
off Bins) which are reasonably necessary to adequately, efficiently, and properly collect Solid
Waste from Customers serviced by Contractor in accordance with this Contract.
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.
SOLID'WASTE COLLECTION AND DISPOSAL CONTRACT
Page 9 of 17
Contractor's Initials __-
5I16 Personnel:
(a) The Contractor shall employ a sufficient number of employees to meet its obligations under
this Agreement, and all of the Contractor's employees shall be fully qualified to perform the
duties assigned to them within the City.
(b) The Contractor shah perform a driving record check of each driver working within the City as
least once every (12) months and shall take all reasonable steps to ensure that its drivers have
safe driving records and are legally authorized to drive within the City.
(c) The Contractor shall remove any driver with an unsafe driving record from working within the
City. The Contractor shall remove any driver from working within the City who is deemed
unqualified to operate a commercial vehicle under the State of Texas regulations regarding the
operation of a commercial motor vehicle, Furthermore, upon the written request of the City,
the Contractor will remove any person providing services under this Agreement who the City
reasonably requests to be removed from performing work pursuant to this Agreement.
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 jNDEMNITY
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 il'S
OFFICIALS, OFFICERS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUITS,
ACTIONS, LEGAL PROCEEDINGSy 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 WARRANTYt PRODUCT DEFECT OR ANY OTHER CONDUCT WHATSOEVER OF
CONTRACTOR OR ANY OF iTS AGENTS EMPLOYEES, OR CUSTOMERS. THE INDEMNITY
EMPLOYEES.
7.00 INSURANCE
The Contractor shalt secure and maintain a#its sole cost fhroughou#the duration ofi this Contract, insurance
issueA
by a carriers) 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 or 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 tile
Contractor's agents, representatives, Employees, or Subcontractors. The form and limits of such insurance,
SOUP WASTE COLLi;CTION AND DISPOSAL, CONTRACT
Page 10 of 17
Contractor's Inittats __ __
together with the underwriter thereof in each case, must be acceptable to Lite 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 or alteration or
modifleation 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 Llmifs of Insurance:
'type Coverage
Per Occurrence
Aggregate
1Vl1111mum
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
minimum
minimum
Property Damage
$1,000;000
$1,000,000
Comprehensive Auto Liability
$1,000,000
$1,000,000
Bodily Injury
$1,000,000
$1,000,000
Comprehensive Auto LEabllity-
$500,000
$1,000,000
Property Damage
Umbrella Policy
$6,000,000
1 $5,0001000
8.00 pERPORMANCE 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 duty authorized corporate surety authorized to do business in the state of Texas. All bonds
shall be issued by a Best rated bonding company. 4Contractor 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 faQQWS: "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 Contracfar must deliver written notice to City within #hree 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 ar controversy between Contractor and City, a detailed written
specEfica#ion of such
MAIM, dispute or controversy and the particular alleged damages associated with such claim,
dispute or controversy with supporting documentation.
SOLID WASTE COLLECTION AND
DISPOSAL CONTRACT
Page 11 of 17
Contractor's Initials ,�,,,
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 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
ciain, dispute or controversy.
10.40 TRANSFERABILITY OF GONTRACT
No assignmenE of tits 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.
11.40 OWNERSHIP
Title to Solid Waste and Recyclable Material shall pass to Gontractor when placed in Contractor's collection
vehicle, removed by Contractor from a Pin, 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 ail Recyclable Material at a processing site
in the manner required under this Contract.
12.00 RATES BILLING AND FRANCHISE
FEE
12 01 Residential and Commercial Hand Collect Customer Rates
The City will pay Contractor $13.50 a month per Residential and Commercial Hand Collect Customer, and
0.00 per month for each additional Polycart requested by and delivered to a Customer. A billing fee will
be determined by the City and added to the base.
12.02 Recyclable Polycart Rates for
Commercial and industrial Customers
Contractor shall provide Recyclables Pniycarts to Commercial and
Industrial Customers upon requesfi. Gity
will pay Confractor $5 per month for each Recyclables Poiycart provided to Commercial and Industrial
Customers with said monthly charge including once weekly collection and disposal service.
12.43 Dumpster Rates
Contractor shall be compensated at the following rates below. A billing fee will be determined by the City
and added to the base.
SOLiD WA51'E CQL.t.EGTION ANp DiSPOSAI, CONTRACT
Pa4e 12 of 97
Contractor's Initials -
Dumpster Rates
Size/Pickup
xWeelc
2x Weel<
3x Wee
4x Week
5x Week
Extra Pickup
$60
30 Cu Yd
$4
2 Cu Yd
$40
$61
$82
$103
$124
$31
3 Cu Yd
$50
$88
$126
$164
$202
$39
4 Cu Yd
$60
$108
$156
$204
$252
$49
6 Cu Yd
$80
$141
$202
$263
$324
$54
8 Cu Yd
$100
$165
$230
$295
$360
$63
i.ocking bars, lacks and casters shah be provided as requested by a Customer at no additional charge.
12.0# Roll�Ot'f Bln Gontajper Rates
Roll -Off Bin Container Rates: Confiactor shall be compensated at the following rates below.
SizelPickup
Rental ber
Cost er
Pickup
Deliver
Gh_ arge.
20 Cu Yd
$4
$246
$60
30 Cu Yd
$4
$305
$60
40 Cu Yd
$4
$351
.$60
40 Cu Yd
(compactor)
$4
$384
$60
Franchise f=ee: For the exclusive use of public streets and right-af-way for the provision of services set
forth in the Contract, Contractor shall be responsible to the City for a Franchise Pee in the amount of 10%
of all amounts that the Contractor is entitled to receive (whether or not actually received) from Customers
for RolkOff Bin Services under this Contract regardless of whether the Contractor or the City performs the
billing for such services. The Contractor shall pay the City on a monthly basis determined by the amount
billed by the Contractor regardless of whether a Customer defaults on a bill. Such payment shall be paid
to the City on or before the twenty fifth (25th) day of each calendar month for amounts billed by the
Contractor for the performance of services during the immediately preceding calendar month. The
Contractor shall provide to the City a detailed billing report which reconciles to the payment submitted.
12A5 Rate Adjustments:
Rake adjustments sought by Contractor will be considered by the City no more than once per year during
the teen of this Contract. The change 1n the Consumer Price Index (Da11aslFort Worth, all Urban
Consumers) during eacrs 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,
SOLID WASTE CO1,{"6CTION AND DISPOSAL CONTt4ACT .
Page
13 of 17
Contractor's Initials .� ,_�
Contractor sii 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.U6 t3illirlq;
(a) Party Performing Biliin-g, 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
RolkOff 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 far
each Commercial 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 Roli-Off Bins, and for each RolkOff•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.
13.00
13.01 The Contrac#or agrees to maintain at Contractor's place of business adequate records relating to
fhe 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 Cify may cancel this Contract by giving the Contractor ken days' written notice, upon fhe
happening of any one of the following events:
1. The Contractor shall take the benefit of any present or future insolvency statute, or shaii make
a genera assignment for the benefit of
creditors, or fNe a voluntary petition in bankruptcy (tour#)
or a petition oi• answer seeking an arrangement far its reorganization or the readjustment of its
SOLID WASTE COLLECTION AND DISPOSAL CONTRACT
Page 14
os:17
Contractor`s tnifiats '-7
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 ar decree of a court, the Contras#ar 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 underany 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 ar 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 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 camply with any state or federal law relating to health or safe#y governing the service
provided under this Contract or failure to obtain, and maintain, any state or federal permits
required or any insurance coverage or band 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.
b.
Is
expressly understood and agreed that, if at any time Contractor shall fail to pertorm any of the
terms, covenants, or conditions herein set faith, 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 heari%ng 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 doomed to be
delivered when deposited in the United States mall, postage prepaid, certified mall, return receipt
requested, addressed to the respective party of the address set forth below:
If to the City, at:
if to the Contractor at:
ATTN: City Manager
Gity of Anna
P.O. Box 7I
Anna, Texas 75109
Bradshaw &Son Trash Service
1005 W. Houston St.
SOLIp WASTl; COLLECTION AND DISPOSAL
CONTRACT
Pago 'tri of 17
Contractor's tnitials _"S$
Ahna, Texas 75409
or such other
erewith, addresses as the parties may hereafter specify by written notice delivered in accordance
h
16.flfl FORGE MAJEURE
Nofwithstanding 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,
97400 SEVERABILITY
in the event thafi 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 unenforceabiilty 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 CgMpL1ANGE 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 taws, 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.
99.00 DI
SCRIMINATION FROI-11BtTED
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, 2018 and conclude on August 31, 2020, with three (3) automatic one-year extensions
subject to earlier termination as set forth herein. Should either the City or Contractor elect not to renew and
extend this Contract for any additional ane -year period, notice must be given, by certified mall (return receipt
requested) to the other party in writing not less than 120 days prior to the expiration of this Contract or any
extension, In the event no such notice of non -renewal is timely provided by either party, this Agreement
shall automatically renew under the terms and conditions stated herein,
214
00 CONTRACT INTERPRETATION CHOICE OF LAW VENUE
This Contract isa
the result of negotiation between the parties, and shall, to 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 .MODIFtCATiON AND
WAIVER
SOLID WASTE COLLECTION ANp DISPOSAL CONTRACT
Page 96 of 97
Contractor's initials.:
Gxcepf 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.
23.00 OTHER GONTRACTOR REQUIREIViiwNTS ANp C►BLIGATiONS
Ail 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
3y* 40
Maurice Sehwanke
Interim City Manager
THE CONTRACTOR;
Joe Bradshaw
d/b/a Bradshaw & Son Trash Service
Witness:
ATTEST:
k , D v�YY)n
Carrie L.
Smith
City Secretaryp +A+ rot##
.. ♦♦ �jr,1
U
r
ti
of
1 T
y ♦ �
SOLIa WASTE COLLECTION ANq D13POSAL CONTRACT
Page 17 of 17
Conkraator's Initials ��