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Item 9B
CITY OF SOUTH LAKE MEMORANDUM (April 9, 2008) To: Shana K. Yelverton, City Manager From: Alison D. Ortowski, Assistant to the City Manager Subject: Item 913: Approve an amendment to Exhibit A of the contract with Republic Waste Services of Texas to adjust the rates for commercial and industrial customers Action Requested: City Council approval of Item 9B, Approve an amendment to Exhibit A of the contract with Republic Waste Services of Texas (Republic) to adjust the rates for commercial and industrial customers Background Information: On March 22, 2007, the City of Southlake entered into a contract with Republic Waste Services of Texas, Ltd. for residential and commercial refuse collection. Section V(b) of that contract pertains to "Modification of Rates" and states: "Contractor shall maintain... such commercial, and industrial rates as shown in Exhibit `A' until April 30, 2008. Annually thereafter, the rates shown in Exhibit `A' will be increased by 80% of the CPI for all Urban Consumers... for the Dallas -Fort Worth , Texas Area for the previous twelve months according to the most recently published data from the Bureau of Labor Statistics of the U.S. Department of Labor. In addition, an additional increase ( "Other Increase ") may be requested by the Contractor. In support of any additional request, Contractor shall furnish evidence as to the need for the Other Increase to the City manager, or designee. If the City Manager agrees with the Other Increase, then the City Manager will recommend acceptance of the Other Increase to the City Council for its approval, disapproval, or modification... In no event will the increase pursuant to this paragraph exceed an annual increase of more than four percent (4 %)." In accordance with Section V(b), on April 3, 2008, Republic submitted a request for a modification of rates for the commercial and industrial in the amount of 4 %. The modification request of 4% includes: 3.468% - Eighty (80) percent of the CPI .532% - Other increase 4.0% - Total Increase requested The CPI increase is in accordance with the contract terms and does not require council approval. Council is being asked to consider the "Other Increase" of .532% Republic submitted the following reasons for requesting the additional "Other Increase" as well as support for the CPI adjustment in accordance with the contract terms: 1. Diesel Fuel Prices were $2.50 per gallon when Republic commenced service in May 2007. Recent diesel fuel purchases were $3.71 per gallon. Republic uses approximately 100,000 gallons in fuel each year to provide services in Southlake. On a go- forward basis, this represents over $120,000 in added fuel expense. 50% of the fuel consumed is used to provide Commercial and Industrial services. At current fuel prices, the fuel cost related to provision of commercial and industrial services is $60,000 more per year, a 48% increase in fuel prices. 2. Other cost items, such operating labor, tires, maintenance parts, utilities, disposal and insurance also increase from year to year. These costs normally increase at rates consistent with a typical CPI index. 2.5- 5%. For example, Republic pays a competitive wage to attract and retain qualified employees. Republic also provides our employees a cost of living and merit adjustment in wage each year. On average, the adjustment is 3 %. If approved, 4% increase in commercial and industrial rates would adjust the rate schedule in Exhibit A of the contract See attached for the current Exhibit A as well as the revised Exhibit A. The rates as adjusted on the commercial front load rates table would provide for increases ranging from 1.96 per month for a 2YD, 1 time per week collection to $21.70 per month for an 8YD, 6 times per week collection. Additionally, the table for commercial roll off rates per haul shows increases ranging from $12.20 per haul for a 20YD roll off to $18.00 per haul for a 42YD roll off. Rates for commercial hand loads would be increased $.73 per month from $18.19 to $18.92 per month. Financial Considerations: An increase in rates will increase the franchise fees received by the City. The City collects ten percent (10 %) of the total monthly dollar amount collected for residential and commercial / industrial billing. Citizen Input/ Board Review: N/A Legal Review: The original contract signed in March 2007 was reviewed an approved by the City Attorney. Alternatives: 1. Deny the "Other Increase" of .532% Supporting Documents: 1. March 2007 Contract for Residential and Commercial Refuse Collection 2. Amended Exhibit A showing proposed 4% rate increase Staff Recommendation: Staff recommends approval of Item 913, Approve an amendment to Exhibit A of the contract with Republic Waste Services of Texas (Republic) to adjust the rates for commercial and industrial customers. OMCIAL RECORD CONTRACT FOR RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: The CITY OF SOUTHLA.KE, a municipal corporation located in Tarrant County, Texas, hereafter called "City ", acting by and through its duly authorized City Manager, and Republic Waste Services of Texas, Ltd. a Texas limited partnership, acting by and through its duly authorized officer, hereinafter called "Contractor ", do hereby covenant and agree as follows: I. City hereby grants to Contractor a non - exclusive contract and franchise to engage in the business of collecting and disposing of garbage, brush, debris, bulky items, bundled, bagged, or boxed bundled items, and refuse within the corporate limits of the City which is generated by residential, commercial, industrial, multi- family and City properties. City also hereby grants to Contractor a license to use the public streets, alleys, easements and thoroughfares within the limits of the City for the purpose of collection and disposal of garbage, brush, bulky items, bundled, bagged, or boxed bundled items, and other refuse for a period of eighteen months beginning the April 30, 2007 for residential collections and May 1, 2007 for commercial, industrial and City collections and terminating October 31, 2008 with two possible options to renew: the first for an additional eighteen month period, the second for an additional five year period subject to the limitations, terms, and conditions hereinafter specified and contained in this Contract. II. In addition to this Contract, the contract documents shall include the following documents and this contract does hereby expressly incorporate the following Exhibits herein as fully as if set forth verbatim in this contract: (a) the Rate Sheet, (b) the Miscellaneous Rate Sheet (c) the Performance Bond, (d) the Survey Question Contractor shall comply with all provisions of the contract documents and no amendment to this Contract shall be made except upon the written consent of the parties, which consent shall not be unreasonably withheld. No amendment shall be construed to release Page l either party from any obligation of the contract documents except as specifically provided in such amendment. This Contract is entered into subject to the following conditions: (a) The Contractor shall procure and keep in full force and effect throughout the term of this contract all of the insurance policies specified in, and required by, the contract documents. (b) The Contractor shall not be liable for the failure to perform, in whole or in part, the Contractor's duties if such failure is caused by catastrophe, riot, war, governmental order or regulation, fire, accident, or other act of God. (c) In the event that any provision or portion of any contract document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be reformed in accordance with the applicable laws. 111. Definitions Wherever used herein, the hereinafter listed terms shall have the following meanings: (a) Acceptable Brush: Tree trimmings that are bundled in lengths no more than four feet (4') and no more than fifty (54) pounds in weight. (b) Acceptable Waste: Any and all waste that is solid waste, refuse, or residential garbage including acceptable brush, garbage, yard waste, and trash, as solid waste is defined under the laws of the United States and/or the State of Texas and/or the regulations promulgated hereunder, and that is acceptable for disposal in a Landfill, except for: (1) "Unacceptable Waste ", as defined herein; and (2) garbage that produces noxious odors. (c) Agreement: The contractual agreement made and entered into by the City and a Contractor for the collection, transportation, and/or disposal of solid waste, and/or the collection, transportation, and/or processing of recyclable materials. (d) Backdoor Service: All handicapped or disabled customers who have provided verification to the Contractor from a physician as to their inability to carry containers to the curbside may place containers at their front doorstep to be visible from the street or at another location equally convenience to customer as may be determined by the Contractor. Contractor cannot enter or be responsible for entering garages or behind enclosed fences. (e) Bin (Residential Recycling): Eighteen gallon bin with lid to be provided by Contractor as needed by customers consistent with current bins used by City for residential recycling. Page 2 (f) Bulky Waste: Stoves, refrigerators (with verification that CFC components have been removed by a certified technician), water tanks, hot water heaters, washing machines, fi.irniture, and weights more than fifty (50) pounds, and other waste materials with weights or volumes greater than those allowed for containers but does not include construction debris, unbundled brush, dead animals, hazardous waste, or stable matter. (g) Bundle: Tree, shrub, and brush triminings securely tied together forming an easily handled package that does not exceed the dimension or weight of acceptable brush. (h) Cily: The City of Southlake. (i) Commercial Refuse: All bulky waste, construction debris, garbage, rubbish, and stable matter generated by a customer at a commercial premise. 0) Commercial Premise: All premises, locations or entities, public or private, requiring refuse collection within the corporate limits of the City, not a residential premise. (k) Commercial Hand Collection: A commercial premises that generates no more than one (1) cubic yard of refuse per week. (1) Construction Debris: Waste building materials resulting from construction, remodeling, repair, or demolition operations. (m) Container Commercial: Metal containers supplied by Contractor affording capacity to service a customer so as to prevent spillage, unsightly and unsanitary conditions. (n) Container, Residential: A receptacle with a capacity of at least eighteen (1$) gallons, but no greater than thirty -nine (39) gallons; constructed of plastic, metal, or fiberglass; and having handles of adequate strength for Iifting. Containers larger than thirty -nine (39) gallons may be used if contents are bagged for easy handling. The mouth of a container shall have a diameter greater than, or equal to, that of the base. Container may also be a plastic garbage bag or sack. (o) Contract Documents: The Rate Sheet (Including Alternatives, if any), the Performance Bond, and this Contract. (p) Contractor: Republic Waste Services of Texas, Ltd. (q) Customer: A residential user, commercial hand collection user, and/or commercial user who generates refuse. (r) Disposal Site: See Landfill (Sanitary). Page 3 (s) Hazardous Waste: Solid wastes regulated as hazardous under the Resource Conservation and Recovery Act, 42, U.S.C.A., Section 1002, et seq., or regulated as toxic under the Toxic Substance Control Act, 15 U.S.C.A., Section 2601, et seq., and regulations promulgated hereunder or other applicable Federal or State Law concerning the regulation of hazardous or toxic wastes. (t) Landfill: A MSW -Type I facility defined by 30 TAC § 330.5. (u) Premises: All public and private establishments, including individual residences, all multifamily dwellings, residential care facilities, hospitals, schools, businesses, other buildings, and all vacant tots. (v) Producer: An occupant of a residential premise or commercial premise who generates refuse. (w) Recyclable Materials: Commodities collected by the Contractor pursuant to the Contract documents, which can be sold for processing and use or reuse including, but not limited to, newsprint, magazines, catalogs, copy paper, office paper, plastic containers (41 through 47 PET and HDPE), glass containers, aluminum cans, metal (tin) cans, and household paper products to include junk mail, envelopes, cereal boxes, cardboard, chipboard, and telephone books. (x) Recycling Container A plastic Container, with lid, for the purpose of curbside collection of recycling commodities, with a minimum capacity of eighteen gallons. (y) Refuse: Residential and commercial bulky waste, construction debris, and stable matter generated at residential or commercial premises. (z) Residential Garbage: All garbage, refuse, and rubbish generated by a customer at a residential premise. (aa) Residential Premise: A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four (4) families. A residential premise shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi -level construction, consisting of four (4) units shall be treated as a residential premise and shall be billed separately as a residential premise. (bb) Rubbish: Non- putrescible solid waste (excluding ashes), consisting of both combustible and noncombustible waste materials; combustible rubbish includes paper rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; noncombustible rubbish includes glass, crockery, tin cans, aluminum cans, metal furniture, and like materials which will not burn at ordinary incinerator temperatures (1600 degrees Fahrenheit to 1800 degrees Fahrenheit.) Page 4 (cc) Special Waste: Any waste defined as Special Waste by 30 TAC § 3303(148). (dd) Solid Waste: All non - hazardous and non - special (see Special Waste definition) solid waste material, including unwanted or discarded waste material in a solid or semi -solid waste, including, but not limited to: garbage, ashes, refuse, rubbish, yard waste (including brush, tree trimmings, Christmas trees), discarded appliances, and home furniture and furnishings, provided that such material must be of the type and consistency to be lawfully accepted at the Landfill under the applicable Federal, State, and Local Laws; Regulations; and Permits governing each. (ee) 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. (ff) Unacceptable Waste: Brush not meeting acceptable guidelines (cut in four -foot [4 ] sections and bundled), building construction debris, household hazardous waste, explosives, flammable or combustible materials, and refrigeration appliances that have not had CFC's removed by a certified technician. IV. Contract Services Contractor hereby covenants and agrees to diligently and faithfully perform the public service and work of collecting and disposing of all refuse of residential and commercial units to which it provides service, as provided herein, within the City. The services to be performed by Contractor are described more particularly in the contract documents. These services shall include the furnishing of all labor, tools, vehicles, equipment, materials, landfills, insurance, performance bonds, supervision and all other items necessary to the performance of such work and shall be carried out in the manner, at the times, and in the locations and at the prices specified in the contract documents, and shall be subject to inspection and approval of the City Manager or the City Manager's designee. V. Fees and Rates (a) Rates: The rates to be charged by Contractor for refuse collection through March 31, 2015, will be those set forth in Exhibit "A ", the Rate Sheet, as modified from time to time as set forth herein and incorporated herein for all purposes. These rates will be binding and considered part of this contract. (b) Modification of Rates: Contractor shall maintain such residential rates as shown in Exhibit "A" until October 31, 2009 and such commercial, and industrial rates as shown in Exhibit "A" until April 30, 2008. Annually thereafter, the rates shown in Exhibit "A" will be increased by 80% of the CPI for All Urban Consumers (CPI -U, Series ID CUURA3l6SA0,CUUSA316SA0) for the Dallas -Fort Worth, Texas Area for Page 5 the previous twelve months according to the most recently published data from the Bureau of Labor Statistics of the U.S. Department of Labor. In addition, an additional increase ( "Other Increase ") may . be requested by the Contractor. In support of any additional request, Contractor shall furnish evidence as to the need for the Other Increase to the City Manager, or designee. If the City Manger agrees with the Other Increase, then the City Manager will recommend acceptance of the Other Increase to the City Council for its approval, disapproval, or modification. If the City Manager does not agree with the Other Increase, Contractor and the City Manager, or designee, will attempt in good faith, including non - binding mediation, to agree to an amount of the Other Increase that the City Manager will recommend to the City Council. If an agreement is reached, City Manager will recommend the agreed upon Other Increase to the City Council for its approval, disapproval, or modification. If no agreement can be reached, the City Manger will submit the Other Increase to the City Council for its approval, disapproval, or modification. In no event will the increase pursuant to this paragraph exceed an annual increase of more than four percent (4 %). (c) Franchise Fee: For and in consideration of the City granting Contractor a franchise within the city limits for commercial and residential refuse collection, Contractor hereby agrees to pay the City a ten percent (10 %) franchise fee on all commercial and residential collections, calculated pursuant to the following two paragraphs. (d) Residential Billing: The City is hereby designated as the billing and collection agent for the residential refuse services provided herein. The City will retain ten percent (10 %) of the amount collected each month as payment of the portion of the franchise fee due and owing on residential billings. The City agrees to provide Contractor with a computer printout establishing the amount of the residential billings by the City each month, said printout to be provided and any amounts due to Contractor to be paid to Contractor no later than the twentieth (20) day of month following the month billed For any amounts collected by the City in relation to the May 15, 2007 billing, Contractor will be entitled to 53.94% after the franchise fee has been retained of the amounts collected. Thereafter, Contractor is entitled to the full amount collected less the franchise fee. (e) Commercial Billing: Contractor shall be responsible for billing and collection of funds for commercial refuse services. Contractor agrees to provide the City with a computer printout and computer data file in a format acceptable to City for each customer served, the name of each customer, the type of container serviced, the frequency of collection, the location of each commercial container, and the total dollar amount per account serviced by Contractor each month and the total dollar amount collected each month, said information and the ten percent (10 %) of the total dollar amount collected for the month franchise fee to be provided to the City no later than the twentieth (20) day of the month following the month collected. (f) Audit: Either Contractor or the City may request an audit of all account records by the City's independent audit firm then engaged by the City at the time of the Page 6 request. Such audit shall be at the expense of the party requesting same unless the audit results in a credit or payment due of one thousand dollars or more to a party requesting the audit in which case the cost of the audit will be paid by the non - requesting party. Further, documentation of billings will be provided to the City or Contractor upon request by the other party. VI. Contractor's General Duties and Obligations It shall be the duty and obligation of Contractor to perform the following services: (a) The Contractor, at its sole cost and expense, agrees to furnish .all trucks, equipment, machines, landfill and labor which are reasonably necessary to adequately, efficiently, and properly collect and transport garbage from accounts serviced by Contractor in accordance with this Contract. Contractor agrees to purchase and utilize new truck equipment at or near the initial onset of this Contract. In no event will the average age of the trucks assigned to this contract be older than an average age of eight (8) years. Collection of garbage shall be made using sealed packer -type trucks, and such equipment shall not be allowed to leak or scatter any waste within the limits of the City nor while in route to the disposal site. (b) Due to the street size variations in the City, the Contractor shall provide equipment that will accommodate such public streets and alleys. Special collections shall be made using appropriate equipment. Damage caused by collection equipment such as spillage and broken curbs or sidewalks shall promptly be repaired or replaced at the Contractor's expense. Contractor shall not weave from curb to curb, drive in the middle of the road, or apply severe braking during routes through residential streets to prevent damage to infrastructure and for safety reasons. Contractor will train drivers to protect Southlake streets and not make sudden braking stops that will damage street surfaces. (e) 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 one hundred fifty feet (150'). All vehicles and equipment shall be of a uniform color, and the exterior of the vehicle and equipment shall be in good condition. No advertising, except the company logo, shall be permitted on vehicles. All collection equipment shall be maintained in a safe, and efficient working condition throughout the term of the Contract. Such vehicles shall be maintained through a regular preventative maintenance program and washed and painted as often as necessary to preserve and present a well -kept appearance. Vehicles are to be washed on the inside a minimum of once a month and disinfected if requested by the City. (d) Garbage collection vehicles and recycling collection vehicles shall be clearly distinguishable from one another. In the event that one vehicle is used to serve the other purpose, a clearly visible sign should be affixed to the vehicle to inform residents that the refuse or recycling materials are going to the proper place. The Contractor shall furnish the City a list of all equipment to be used fulfilling the Contract and shall update that list as equipment changes and as may be requested by the City. Page 7 (e) The City may inspect Contractor's vehicles at any time to insure compliance of equipment with Contract or require an equipment replacement schedule to be submitted to City. (f) Contractor will dispose of in a legal manner, all garbage, brush, debris, bulky items, bundled or boxed bundled items, and other refuse collected. (g) Contractor agrees to establish daily routes and special schedules for the collection of garbage, brush, debris, bulky items, bundled or boxed bundled items, and other refuse as necessary to fulfill the requirements of this contract. Further, Contractor will utilize written or electronic route books for use in the collection of refuse from all customers. A copy of each route book currently in use by Contractor will be provided to the City and updated when changed so that City shall at all times have full knowledge of the designated route to be followed by Contractor. The City shall approve all routes. The City shall have the right to require alteration of service to any premises where unsightly or unsanitary conditions have resulted from inadequate commercial containers or an insufficient number of collections. (h) Contractor agrees, at its own expense, to maintain a toll -free telephone number and to provide that telephones be answered from 8:00 A.M. to 5:00 P.M., Monday through Friday; and 8:00 A.M. to 12:00 P.M. on Saturday, excluding Holidays defined herein in Section VI(m), for the purpose of handling complaints and other calls regarding solid waste and/or recyclable collection service. During these hours, a mechanical answering machine may not be used. Contractor may, however, use a mechanical answering machine to take messages at all other times. (1) The Contractor shall keep competent personnel in the office during the time the office is required to be open to the public, and the office personnel shall have authority to represent the Contractor in its relations with the public. (2) The Contractor shall also provide the City a telephone number by which the Contractor can be contacted for after - hours' emergencies. (3) The Contractor shall keep and maintain in the office a daily Iog in both electronic and paper form in a format acceptable to City of all the service calls and complaints, and shall show the nature of the call complaints or communication and nature and time of the disposition thereof by the Contractor. The City shall have the right to inspect the daily log at any reasonable time. (i) Throughout the term of this Contract, Contractor shall establish and maintain an authorized Managing Agent and shall designate, in writing, to the City Manager the name, telephone number, and address of such agent upon whom all notices shall be served by the City and to whom complaints received from citizens of the City may be directed. Page 8 0) Contractor shall assign one supervisory Ievel employee to oversee Contractor's operations in the City and who will remain in the City the majority of the time residential service is being provided in the City. Contractor agrees that if the supervisory level employee normally assigned to the City will be offsite longer than one day, Contractor will assign a substitute supervisory employee who will have the same responsibilities as the regularly assigned supervisory employee. At all times while offsite the supervisor assigned to the City will be available to respond within two hours to issues that may arise. The City Manager will be given the name and contact information of the supervisor so assigned and will have the right to contact the supervisor directly should the need arise. (k) Contractor shall employ sufficient numbers of employees to meet its obligations under this Contract and employ only superintendents, supervisors, and workers who are careful, competent and fully qualified to perform the duties or tasks assigned to them and shall secure the summary dismissal of any person or persons employed by Contractor in or about or on the work who shall misconduct themselves or be incompetent, disrespectful, intemperate, dishonest, or otherwise objectionable or neglectful in the proper performance of their duties or who shall neglect or refuse to comply with or carry out the directions of Contractor. All workers shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of their assigned duties. Contractor shall perform driving record checks of all drivers working within the City with said checks to be updated every twelve (12) months or as frequently as required by Department of Transportation Regulations. Contractor shall remove any driver with an unsafe driving record from working within the City. (1) Contractor shall provide evidence indicating that it has the right to use a landfill site for the purpose of this Contract for the entire period of this Contract and any agreed extensions thereto. Contractor agrees to indemnify and hold City harmless from any liabilities, including but not limited to, special clean -ups, fines or other regulations imposed on any landfill site used by the Contractor to dispose of City trash and refuse. As between the City and the Contractor, once waste is picked up by the Contractor, all refuse and garbage shall be the sole responsibility of the Contractor. Hazardous waste and other items prohibited by state, federal, or local regulation from placement in landfills shall not be knowingly or intentionally placed in a landfill by Contractor. If such hazardous or prohibited waste is inadvertently placed in a landfill by Contractor, the Contractor shall not be precluded from seeking remedies, including but not limited to damages, due the Contractor from the industrial or commercial customers that generated the hazardous or prohibited waste and placed it with the Contractor for collection and disposal. Contractor and the City recognize that the Contractor's agreement to indemnify the City from any and all liability for items placed in a landfill flows from the joint knowledge of the parties that the City will not know what is being placed with the Contractor and delivered to the landfill. Page 9 (m) Contractor may cancel collection services on only the following holidays: Labor Day, Fourth of July, Thanksgiving, Christmas Day and New Years Day. Contractor may decide to observe any or all of the above mentioned holidays by suspension of collection services for the holiday, but such decision in no manner relieves the Contractor of its obligation to provide residential collection services twice per week and recycling collection services once per week. Contractor will be responsible for notifying all customers at Contractor's expense of any deviation from a regular scheduled pickup day due to any holiday observed by Contractor. The City and Contractor will work together to determine the most appropriate method of said notification. (n) Contractor agrees to provide a citizens drop -off convenience center at the Arlington Landfill. Each resident will have dumping privileges at this site where residents will be permitted to dispose of household trash or debris at the costs set forth in the Miscellaneous Rate Sheet. VII. Contractor's Collection Duties and Responsibilities (a) Residential Collection. (1) The Contractor shall provide curbside or backdoor collection service for residential solid waste (including Acceptable Brush) on a four day schedule with all residential customers receiving service twice per week on either a Monday /Thursday or Tuesday /Friday schedule. Contractor shall collect all Acceptable Waste placed in authorized containers (plastic bags or residential containers), and yard waste bundles placed at curbside by 7:00 A.M. on the designated collection day. Contractor shall pick up all garbage on the designated collection day no later than 7:00 PM. (2) Contractor shall also be required to collect all acceptable brush and trees during the regular residential collection frequency provided that same are prepared according to specifications provided herein. (i) In addition, Contractor shall collect Bulky Waste and brush, rubbish and trees not exceeding four (4) cubic yards per collection which are not contained in garbage containers or are not placed for collection in a bundle or a boxed bundle for each residential customer on an on -call basis for no additional cost three times per year. (ii) Thereafter, at customer's request, rubbish, brush, and trees that are not contained in garbage containers or are not prepared and placed for collection in a bundle or a boxed bundle shall be collected and disposed of by Contractor on the same on -call basis for a special fee set forth in the Miscellaneous Rate Sheet. Page 10 Contractor shall bill customer directly for this fee and is responsible for collection of same. (4) Contractor shall make collections with a minimum of noise and disturbance to the householder. This work shall be done in a sanitary manner. Any refuse or trash spilled by Contractor shall be picked up immediately by the Contractor's employees. (b) Curbside Recycling (1) Recyclable commodities for each residential premise shall be serviced once per week on one of the customers two designated waste collection days. The Contractor will provide each residential premise a container for recyclable materials as needed. Said containers will be a minimum,. of eighteen gallons and have lids for protection of paper materials during weather. (2) Each household can have up to two (2) recycling bins and lids. The charge for collecting multiple bins shall be the same as for the collection from a single bin. Contractor shall provide free of charge extra recycling bins, as requested by the City, to replace damaged, lost, or stolen bins. (3) Contractor shall collect the recyclable materials at the curb. Contractor shall collect recycling material set out for collection outside the normal recycling bin when necessary. An example includes extra newspapers bundled and/or bagged where volume is greater than bin size. (4) Contractor shall also provide the City a recycling report detailing volume collected and participation rate on a monthly basis. The participation rate will be estimated by Contractor based on the weight of recyclable materials collected. (5) The following materials shall be included in the recycling program: • Office Paper • Newsprint • Magazines and Catalogs • Aluminum Beverage Cans • Steel/Tin Cans • Glass — Clear, Brown, and Green • HDPE & PET Plastic Bottles 41 through 47 • Household Paper Products to include junk mail, envelopes, cereal boxes, cardboard, chipboard, and telephone books Page 11 (6) The Contractor shall be responsible for transporting the recyclable materials to a processing site and must have established buyers or markets for the recyclables. The Contractor may be required to identify the buyers of the recyclables upon request by the City. To the fullest extent possible, recycling materials should be protected against contaminates that require disposal at the landfill. The Contractor shall be totally responsible for the processing and .marketing of all recyclable materials collected pursuant to the Contract. (7) If Contractor's employees determine that the recyclable materials set out by the resident are unacceptable due to the inappropriateness of the materials, Contractor will leave the inappropriate materials in the bin_ A sticker shall be attached to the bin explaining the reason the materials were rejected. Contractor will not be required to collect recyclable materials mixed with garbage or rubbish normally collected by solid waste collecting crews. (c) Commercial and Industrial Collections. (1) Commercial Container Specifications: Contractor agrees to make commercial containers for storage of garbage, refuse, brush, Construction Debris, and/or debris, as the case may be, available upon request of the owner or occupant of any premises (at such owner's or occupant's expense) within the corporate limits of City, excluding single family and two family residences. The commercial containers provided by Contractor shall be (i) equipped with suitable covers to prevent blowing or scattering of refuse while being transported for disposal of their contents, (ii) maintained in good repair, appearance, and in a sanitary condition, and (iii) clearly marked with Contractor's name and telephone number in letters not less than two (2) inches in height. If collection is from a commercial container, that container should be located on a concrete pad to accommodate collection equipment. (2) Frequency of Commercial Collections: Contractor agrees that the frequency of collections shall be as is mutually agreed upon by Contractor and the commercial customer, provided, however, collection service shall be at least once per week to maintain the premises free of accumulation of waste and no collections will be made on Sundays. Contractor shall notify City if the size and number of commercial containers and frequency of pickup at a commercial site are insufficient to avoid an unsightly accumulation of refuse or fire hazards or an accumulation of flies, rodents, scavengers and unnecessary odors. Page 12 (3) Frequency of Industrial Collections: Contractor agrees that the frequency of collection shall be as is mutually agreed upon by Contractor and the industrial customer, provided, however, that Contractor shall notify City if collection service are not scheduled so as to maintain the premises free of accumulation of refuse or fire hazards or an accumulation of flies, rodents, scavengers and unnecessary odors. (d) City Collections: The Contractor shall make, at no charge to the City, the collection, transportation, and disposal of waste accumulated by the City at City owned, operated, or other City designated sites up to ten thousand front load container service yards and one hundred twenty (120) 30 -yard roll off loads of waste per year ( "Annual Limits "). City will provide a list of such sites to Contractor upon execution of this Agreement and thereafter may be updated from time to time. Regular service shall include the free provision, collection, and hauling or dumpsters and/or roll-off containers as requested by the City for special events and ongoing or special projects. In the event that the City's containers are fall and are in need of a special disposal, the Contractor shall accommodate the City when possible. For collection service requirements in excess of these Annual Limits, the City will be charged the then current rates for such service as set forth in Exhibit "A" attached hereto. For purposes of this section, commercial service yards per container shall be calculated using the container size multiplied by the times of collection (for example: 6 -yard container X 3 times per week collection X 4.33 weeks per month X 12 months = 935 annual commercial collection yards). Roll off loads shall consist of completed loads of large containers (30- yards) to the Landfill as directed by the City. (e) Special Collections (1) Christmas Tree Recycling. The Contractor will be required to provide mulching service for the City's annual Christmas tree recycling program at a City designated location once annually. Said mulching will be conducted by the second weekend in January each year. The City may market and advertise that residents can dispose of Christmas Trees at a designated site up to the second weekend in January. At that time, the site will be shut down and the Contractor will mulch all trees. The Contractor will provide the mulching equipment. The City will determine the use of the mulch created from the trees. (2) Storm Debris Management Program. In the event of a major storm, as determined by the City Manager, the Contractor shall provide, at the City's request, assistance to residents in the disposal of storm debris. The Contractor agrees to provide sufficient information to substantiate its costs to provide this service and the City and Contractor agree to negotiate in good faith to agree upon the fees to be paid for this service. Page 13 VIII. Spillage (a) Contractor shall not be responsible for scattered refuse unless the same has been caused by its acts or those of any of its employees, in which case, all scattered refuse shall be cleaned up immediately by the Contractor. A fork, push broom, and a scoop -type shovel shall be maintained on each truck for clean up activity. The Contractor shall, if necessary, hand clean all spillage resulting from its collection activities. In the event of spillage of hydraulic fluid, engine oil, fuel, or other liquids that spill from the collection truck which may require power washing ( "truck fluids ") on City infrastructure or private property, Contractor agrees to power -wash the pavement or concrete to attempt to remove spillage within twenty -four (24) hours of notification of said spillage. In the event of spillage on private property, Contractor shall remove said waste within twenty -four (24) hours of notification to Contractor. (b) Contractor will not be required to clean up or collect loose refuse and/or spillage not created by its operations, but shall report the location of such conditions to the City so that proper notice can be given to the customer at such premises to properly contain such refuse. Spillage or excess refuse shall be picked up by Contractor after the customer reloads the containers. In the case of commercial customers, Contractor shall be entitled to an extra collection charge for each reloaded commercial container requiring an extra collection. (c) Should such commercial spillage continue to occur, due to the inadequate size of the container, the City shall require the commercial customer and Contractor to increase the frequency of collection of the customer's refuse, or require the customer to utilize a commercial container with a larger capacity, and Contractor shall be compensated for such additional services. IX. Non - Collection and Complaints (a) All service complaints shall initially be directed to Contractor. In most cases, Contractor will resolve complaints to the complainant's satisfaction within 24 hours of receipt of the complaint, excluding Sundays and Holidays defined in Section VI(m). Unless Contractor provides proper documentation to the City, Contractor will contact the customer and begin the resolution process by the end of the next business day following receipt of the complaint and seek to resolve the complaint to the complainant's satisfaction within 36 hours of receipt of the complaint, excluding Sundays and Holidays defined in Section VI(m). If the Contractor is unable to resolve a complaint within 36 hours, Contractor will notify City and provide documentation to the City's satisfaction explaining the reasons the complaint cannot be satisfied within 36 hours. On a bi- weekly basis, Contractor shall supply the City with copies of all complaints on a form approved by the City or in an electronic format acceptable to City at City's option indicating the disposition of each complaint. The form shall indicate the day and hour on which the complaint was received and resolved. Page 14 (b) The City shall notify Contractor of each complaint reported to the City in order for Contractor to take whatever reasonable steps are necessary to remedy the cause of the complaint. Contractor shall notify the City of its disposition in the bi- weekly report described in the preceding paragraph. (c) Contractor shall provide the City with a full explanation of the disposition of any complaint involving a customer's claim of damage to private property as the result of actions of Contractor's employees, agents and subcontractors. (d) Contractor shall notify all customers about complaint procedures, rules and regulations, and days of collection on an annual basis and whenever there is a change in service, days of collections, procedures, etc. The City and Contractor will work together to determine the most appropriate method of said notification. (e) For a complaint from a customer dealing with the Basic Service Components, the City Manager shall be responsible for deciding any disputes between the City, Contractor, and/or the customer as to the validity of the customer's complaint. Basic Service Components include the Contractor's duties to collect a customer's refuse as required herein, to clean up spillage as required herein, and to exchange or replace a commercial or residential customer's container or bin as required herein. The decision of the City Manager on such matters shall be final and all parties agree to abide by said decision; provided, however, that when Contractor challenges any complaint or failure to perform under this contract, the City Manager may, in her sole discretion, request a joint inspection by a representative of the City and a representative of Contractor. However, such inspection shall not alter the City Manager's discretion to mare the final decision regarding such matter. (f) It is understood and agreed by and between the City and Contractor that if any customer maintains improper or inadequate containers for the nature, volume or weight of refuse to be removed from the premises, or if any customer improperly places debris or bulky items for collection, Contractor may refrain from collecting all or a portion of such refuse and shall notify the City and the customer that refuse has not been removed from his premises on the scheduled collection day and where no notice of non - collection or a change in collection schedule has been received from Contractor, the City may investigate_ If the City determines that Contractor has failed to collect refuse from the premises without cause, Contractor shall collect same within 24 hours after a collection order is issued by the City. (g) Employees of Contractor shall not be required to expose themselves to dangerous or vicious animals in order to accomplish refuse collection in any case where the owner or tenants have animals at large, but Contractor shall immediately notify the City, in writing, of such condition and of Contractor's inability to make collection. (h) Contractor may cancel a portion or all of a scheduled service day due to hazardous weather conditions, and shall notify the City Manager or her designee of such cancellation as soon as the decision to cancel service has been made. Page 15 X. Term and Review of Performance (a) The initial term of this Contract will be for eighteen months commencing April 30, 2007 for residential collections and May 1, 2007 for commercial, industrial and City collections and terminating October 31, 2008. At the end of one year, the City Council will undertake a review of the performance of the Contractor based upon performance and quality measures outlined in Section XI of this Agreement. If the City Council finds the performance of Contractor to be acceptable and said acceptable performance continues through October 31, 2008, this Contract will automatically renew under the same terms and conditions for an additional eighteen month period terminating April 30, 2010. (b) If at the conclusion of a performance review conducted pursuant to Section X(a) above, the City Council determines that the Contractor's performance is unacceptable, the City and Contractor will enter into good faith discussions to resolve any problems with the Contractor's performance. (1) If Contractor and City are able to reach agreement regarding the level of Contractor's performance and the steps necessary to improve Contractor's performance, and if said steps are implemented by Contractor, this Agreement will be renewed for the same time period called for upon a finding of acceptable performance by the City Council. (2) If, however, Contractor and City are unable to reach agreement regarding the level of performance of the Contractor or the steps necessary to improve Contractor's performance, the City and Contractor may within thirty days after the date on which the dispute arises mare a written demand for arbitration before arbitrators to be selected pursuant to Section 2(i) below and to be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures or by another retired member of the judiciary pursuant to the Texas Rules of Civil Procedure. (i) The parties to this Agreement may agree on one arbitrator, but in the event that they cannot so agree, there shall be three arbitrators, one mined in writing by each of the parties and a third to be chosen by the two so named. (ii) All arbitration hearings conduced under the terms of this agreement, and all judicial proceedings to enforce any of the provisions of this agreement shall take place in Tarrant County, Texas. The hearing before the arbitrators of the matter to be arbitrated shall be at the time and place within Tarrant County selected by the arbitrators. Page 16 (iii) If there is only one arbitrator, his or her decisions shall be binding and conclusive on the parties. If there are three arbitrators, the decision of any two shall be binding and conclusive. The submission of a dispute to the arbitrators and the rendering of their decision shall be a condition precedent to any right of legal action on the dispute. A judgment confirming the award of the arbitrators may be rendered by any court having jurisdiction. (c) In the event this Agreement is extended until April 30, 2010, near the end of this second eighteen month period, the City Council will again undertake a review of the performance of the Contractor based on the performance and quality measures outlined in Section XI of this Agreement. If the City Council finds the performance of the Contractor to be acceptable, this Agreement will automatically renew under the same terms and conditions for an additional five year period, terminating April 30, 2015. If the City Council determines that the Contractor's performance is unacceptable, the City will notify the Contractor of this determination by at least March 1, 2010, and the City and the Contractor will enter into good faith discussions to resolve any problems with the Contractor's performance. If the Contractor and the City are able to reach agreement regarding the level of Contractor's performance, and if said steps are implanted by Contractor, this Agreement will renew under the same terms and conditions for an additional five year period. Otherwise, if the parties are unable to come to some agreement, the Agreement will not renew. (d) In the event Contractor desires to not extend this Contract as provided in Section X(a) or (c) above, Contractor will notify City of its intent not to renew the Contract within one hundred eighty days (180) of the expiration of the then current contract term. Xl. Performance Measures In evaluating Contractor's performance pursuant to Sections X(a) and (c) above, the City will determine whether the Contractor has met the following performance measures: (a) Customer Complaints: In accordance with Section IX(a) of this Contract, Contractor shall not have failed to contact customers to begin the resolution process by the end of the next business day more than six times per year, and contractor will have resolved customer complaints to the complainant's satisfaction within 36 hours of Contractor's receipt of the complaint, as called for herein, except for Sundays and Holidays and those instances where Contractor has provided the City with written documentation showing why the complaint will take longer than 36 hours to resolve, ninety percent (90 %) of the time as measured over an eighteen month period. (b) Satisfaction Survey: A Customer Satisfaction Survey ( "Survey) may be performed by the City at a time when the performance of other city services are being surveyed, at City's expense. The question in the Survey to be asked of the customers in Page 17 relation to Contractor will be as set forth in Exhibit "D ", or as otherwise agreed to by City and Contractor. The parties agree that it is a goal to have at least 85 %, excluding those who answer "no experience," or "no comment" of the responses to the Survey will rank Contractor as good or excellent. Nevertheless, the parties will discuss the actual results and attempt to determine if a lower rating is acceptable to the City based on the circumstances surrounding the Survey. The Survey must be Valid and Reliable, and properly reflect the different categories of the City's population, including, but not limited to, age, region of the City where respondent lives, and income levels. The Survey will not be conducted by mail. If Contractor challenges the Survey, the City agrees to provide all information relating to the Survey to Contractor so that Contractor can investigate the Validity and Reliability of the Survey or whether it properly reflects the City's population. (c) Collection of Acceptable Waste: Contractor shall not fail to collect acceptable waste within twelve business hours after learning of the failure to collect acceptable waste more than ten (10) times in any twelve month period. (d) Duties and Obligations: Contractor shall have substantially performed all of Contractor's General Duties and Obligations as set forth in Article VI of this Contract. (e) Spillage: Contractor shall not have failed to pick up scattered refuse or spillage in accordance with Article VIII more than three times in any twelve month period. (f) Noncompliance: Contractor shall have no events of Noncompliance as outlined in Article XV of this Contract. (g) Timeliness of Collection. Contractor shall have received complaints alleging that collection within 1000 feet of any residence occurred before 7:00 a.m. or after 7:00 p.m. on more than three occasions. (h) Adherence to State, Local and Federal Laws. Contract shall have no violations of and State, Local or Federal laws, excluding traffic violations in the previous twelve (12) months. (i) Recycling Education. Contractor will provide at least one public recycling education session explaining the benefits of recycling. X11. Contractor's Relation to City (a) Contractor as Independent Contractor: It is expressly agreed and understood that Contractor is in all respects an independent contractor as to the work, duties and rights granted herein, notwithstanding the fact that Contractor is bound to follow the direction of designated City officials, and that neither Contractor nor any person performing any of the work covered under this contract is in any respect an agent, Page 18 servant, officer or employee of the City. This contract specifies the work to be done by Contractor, but the method to be employed to accomplish this work shall be the exclusive responsibility of Contractor, and under Contractor's exclusive control and right of control_ The doctrine of respondeat superior shall not apply between the City and Contractor, or any of Contractor's agents, servants, employees or subcontractor's and nothing herein shall be construed as creating a partnership or joint enterprise between the City and Contractor. (b) Subletting Contract: This contract, or any portion thereof, shall not be sublet or assigned except with the prior written consent of the City Council of the City. No such consent will be construed as making the City a party to such subcontract or assignment, or as subjecting the City to liability of any kind to any subcontractor or assignee. No subcontractor or assignee shall, under any circumstances, relieve Contractor of his liability and obligation under this contract, and despite any such subletting or assignment, the City shall deal through Contractor unless otherwise agreed by the City. Any subcontractor and assignees will be dealt with as workers and representatives of Contractor, and as such shall be subject to the same requirements as to character and competence as are other employees of Contractor. (c) Inspection of Performance: The City Manager may inspect Contractor's operations, equipment and performance at any reasonable time and Contractor shall furnish the City Manager with every reasonable opportunity to inspect Contractor's operations or equipment or for otherwise ascertaining whether or not the work is being performed in accordance with the requirements of this contract. XIII. Indemnification Indemnification: Contractor covenants and agrees to fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees from and against any and all claims, demands, suits, judgments, costs and expenses (including attorney's fees) for property damage or loss, and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the performance, attempted performance or non - performance of the work and services described hereunder including operations of subcontractors, if any, and the acts or omissions of employees or agents of Contractor, or in any way resulting from or arising out of the collection, transportation or disposal of solid waste under this contract, save and except for the loss or injury due to City's negligence or willful acts or omissions without, however, waiving any governmental immunity available to City under Texas law and without waiving any defense of City or Contractor under Texas Law. The insurance coverage specified below constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability or responsibility of Contractor under the terms of this contract. XIV. Insurance Page 19 The Contractor shall obtain and maintain in full force and effect for the duration of this Contract and any extension hereof, at the Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City in the following types and amounts: Any of the insurance coverage required herein may in part, or in whole, come from self funded, ERISA, or self insurance plans: (d) Additional Policy Endorsements: The City shall be entitled., upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). The City may review the Policy limits every three years, and at such times the Policy limits may be reasonably adjusted, provided such adjusted limits are available, and any additional premium cost may be passed through to customers if approved by the City in accordance with Section V(b). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. (e) Required Provisions: The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will Page 20 TYPE AMOUNT (a) Worker's Compensation and Em to er's Liability Statutory $100,0001500,0001100,000 (d) Additional Policy Endorsements: The City shall be entitled., upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). The City may review the Policy limits every three years, and at such times the Policy limits may be reasonably adjusted, provided such adjusted limits are available, and any additional premium cost may be passed through to customers if approved by the City in accordance with Section V(b). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. (e) Required Provisions: The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will Page 20 TYPE AMOUNT (b) Commercial General (Public) Combined single limit for bodily injury Liability insurance including and property damage in the amount of coverage for the following: $2,000,000 per occurrence or its a. Premises Operations equivalent. b. Independent Contractors c. Products /Completed Operations d. Personal Injury e. Advertising Injury f. Contractual Liability g. Medical Payments (d) Additional Policy Endorsements: The City shall be entitled., upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). The City may review the Policy limits every three years, and at such times the Policy limits may be reasonably adjusted, provided such adjusted limits are available, and any additional premium cost may be passed through to customers if approved by the City in accordance with Section V(b). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. (e) Required Provisions: The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will Page 20 TYPE AMOUNT (c) Comprehensive Automobile Combined single limit for bodily injury insurance, including coverage for and property damage in the amount of loading and unloading hazards, for: $5,000,000 per accident or its equivalent. a. Owned/Leased Vehicles b. Non - owned Vehicles c. Hired Vehicles (d) Additional Policy Endorsements: The City shall be entitled., upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). The City may review the Policy limits every three years, and at such times the Policy limits may be reasonably adjusted, provided such adjusted limits are available, and any additional premium cost may be passed through to customers if approved by the City in accordance with Section V(b). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. (e) Required Provisions: The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will Page 20 contain and state, in writing, on the certificate or its attachment, the following required provisions: (1) Name the City of Southlake and its officers, employees, and elected representatives as additional insured, (as the interest of each insured may appear) as to all applicable coverage; (2) Provide for thirty (30) days notice to the City for cancellation, non - renewal, or material change and ten (10) days notice for workers' compensation coverage; (3) The Contractor agrees to waive subrogation against the City and its officers, employees, and elected representatives for injuries including: death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance except for cases involving the sole negligence of the City; (4) Provide that all provisions of this Contract concerning liability, duty, and standard of care, together with the indemnification provision, shall be underwritten by contractual liability sufficient to include such obligations within applicable policies; (5) For coverages that are only available with claims made policies, the required period of coverage will be determined by the following formula: Continuous coverage for the life of the Contract, plus one (1) year (to provide coverage for the warranty period), and an extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period; and (f) Notices: The Contractor shall notify the City in the event of any change in coverage and shall give such notices in writing no less than thirty (30) days prior to the change. The notice must be accompanied by a replacement Certificate of Insurance. XV. Noncompliance In the event Contractor shall fail to perform any of the material provisions (a "Material Breach) of this Contract, City shall promptly notify Contractor of its noncompliance, stating with particularity the facts relating thereto. Thereafter, if the Material Breach is not corrected or if agreed upon steps are not taken to improve and/or otherwise comply with the terms of this Contract within a period of time which is reasonable in relation to the nature of the event of noncompliance but in no case more than ten (10) days(hereafter the "Contractor Cure Period ") the Material Brach shall constitute an act of noncompliance. For each such Material Breach, City may deduct from the consideration to be paid Contractor the sum of Five Thousand and No /100 Dollars ($5000.00) per day for each day such Material Breach shall continue following the Cure Period ( "Liquidated Damages "). This remedy is hereby expressly made cumulative of other remedies available to City, at law or in equity, for the breach of this Contract. Notwithstanding anything stated in this Article XV to the contrary, a Material Page 21 Breach shall represent all breaches for a material breach of a given section per day. For instance, if Contractor were unable to service a material number of pickups for a given period, (e.g., three days) the Liquidated Damages amount shall be the total damages per day paid in connection with that Material Breach (not per each account that Contractor did not service.) Total Liquidated Damages for that Material Breach for the three (3) day period would the Liquidated Damages times three (3). XVIL Termination If at any time Contractor shall fail to substantially perform terms, covenants, or conditions herein set forth, City shall notify Contractor by certified mail addressed to the Contractor at the address set forth herein of specific reasons in support of City's claim that Contractor has breached the terms and provisions of the Contract. Contractor shall be allowed ten (10) days from the date of receipt of notice to remedy any failure to perform and provide written documentation of such remedy. Should the Contractor fail to remedy issues related to the breach of said Contract conditions, then a hearing shall be held by the City. Should City deem failures to be corrected, no hearing shall be held. A notice shall be sent to Contractor no Iater than five (5) days before a hearing is scheduled. The notice shall specify the time and place of the hearing, and shall include the specific reasons in support of City's claim that Contractor has breached the terms and provisions of the Contract. Contractor shall be allowed to be present, and shall be given the full opportunity to present its reasons why the Contract should not be terminated and answer such claims that are set out against said Contractor. If the City Council makes a finding that the said Contractor substantially failed to perform its duties as specified in the Contract, the City Council may terminate the Contract. If the City Council so terminates the Contract, nothing herein waives Contractor's ability to claim or assert that the City's termination was wrongful and/or a breach of this Contract in a court of law. Further, Contractor reserves the right to disagree with the findings of the City Council. Nothing herein waives or impairs Contractor's rights to terminate the Contract pursuant to law upon a material breach by the City. Provided, however, Contractor shall notify City by certified mail addressed to the City at the address set forth herein of specific reasons in support of Contractor's claim that City has breached the terns and provisions of this Contract. City shall be allowed ten (10) days from the date of receipt of notice to remedy any alleged breach. Should the City fail to remedy issues related to the alleged breach of said Contract conditions, then Contractor may terminate. Nothing herein waives City's ability to claim or assert that Contractor's termination was wrongful and/or a breach of this Contract. XVIII. Miscellaneous (a) Compliance with laws. Contractor hereby agrees to comply with all applicable federal, state, and local laws including the Fair Labor Standards Act, and rules, regulations orders and decrees of the Texas Department of Health, the Texas Natural Resource Conservation Commission, and the United States Environmental Protection Page 22 Agency or their successors. Contractor shall indemnify and hold harmless the City, its officers, representatives, agents, and employees against any claim or liability arising from or based on the violation of any such laws, regulations, ordinances, orders, or decrees, whether such violation was by Contractor, its agents or employees, or any subcontractor or assignee. Contractor shall not be required to collect or dispose of any oil, sludge, fecal material or any radioactive, pathological, toxic, acidic or volatile material, or other hazardous waste or improper waste from any commercial or residential customer. Should Contractor elect to dispose of such materials, Contractor shall receive a fee or charge mutually acceptable to Contractor and to the parry requesting disposal of such materials. Should Contractor elect to dispose of such materials, Contractor shall take such steps and precautions as are required by the applicable laws governing disposal of such material and shall indemnify the City from any liability arising from such disposal. Contractor shall at all times observe all City ordinances controlling or limiting those engaged in performing work under this contract; provided, however, that nothing contained in any ordinance now in effect or hereafter adopted pertaining to the collection of brush, debris, garbage, hazardous waste, bulky items, refuse, bundled or boxed items or other trash shall in any way be construed to affect, change or modify or otherwise alter the duties, responsibilities and operation of Contractor in the performance of the terms of this contract. It is the intention hereof that Contractor be required to perform the terms of this contract regardless of the effect of interpretation of any municipal ordinance which in any way relates to brush, debris, garbage, hazardous waste, bulky items, refuse, bundled or boxed items or trash. (b) Multiple Originals: This contract is executed in multiple originals, each of which shall be deemed for all purposes to be an original, and all of which are identical. (c) Paragraph Headings: The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this contract. (d) Successors and Assigns: All of the terms, covenants, and agreements contained herein shall be binding upon and shall inure to the benefit of successors and assigns of the respective parties hereto. (e) Notices: Notices by either party to the other parry shall be sufficient if sent by certified mail, postage paid, return receipt required, addressed to the other party at the addresses designated below each party's signature hereunder. (f) Venue and Choice of Law: The parties acknowledge that this Contract is fully performable in Tarrant and Denton Counties. Should any action, whether real or asserted, at law or in equity, arise out of terms and conditions of this contract, venue for said action shall be in Tarrant County, Texas and this Contract shall be construed under the substantive laws of the State of Texas excluding its choice of law provisions. Page 23 (g) Governmental Powers: It is understood and agreed that by execution of this contract, the City does not waive or surrender any of its governmental powers. (h) Taxes: Contractor shall pay all federal, state and local taxes including sales tax, social security, worker's compensation, unemployment insurance and any and all other required taxes which may be chargeable against Contractor for its labor, material, equipment, real estate and any other items necessary to and in performance of this contract. (i) Licenses, Permits, and Fees: Contractor agrees to obtain and pay for all licenses, permits, certificates, inspections and all other fees required by law or otherwise necessary to perform the services prescribed hereunder. Contractor shall also pay, at Contractor's own expense, all disposal fees associated with the collection, removal and disposal of refuse. 0) Sovereign Immunity: Nothing contained within this Contract, including but not limited to Section X(b) herein, shall be deemed a waiver of City's sovereign immunity. (k) Performance Bond: Contractor agrees that upon the execution of this Contract and before beginning work, it shall make, execute and deliver to the City a good and sufficient surety bond in a form furnished by the City, to secure the faithful performance of the terms and conditions herein. Such bond shall be in the amount of Two Hundred and Fifty Thousand Dollars ($250,000.00), and signed by the president or general officer of Contractor, together with the signature of the corporate secretary and the corporate seal. The surety shall be a surety company duly authorized to do business in the State of Texas, and approved by the City. (1) Promotional and Public Relations Activities: The Contractor shall invest Six Thousand Dollars ($6,000.00) annually for solid waste and recycling marketing materials for residential and commercial purposes. The scope and subject of these marketing materials should be mutually decided by City and Contractor at the beginning of City's fiscal year (October 1). In the first year of the Contract, this date will be May 1. These amounts will cover design, printing, and distribution of said materials. All marketing materials must be approved by the City. Contractor further agrees to select various ways to participate in the Southlake community in a philanthropic manner. (m) Construction: The parties acknowledge that they are each represented by counsel and have had sufficient opportunity to review this Contract. Therefore, the parties agree that nothing in this Contract will be construed against the drafter. (n) City Emergency Contact: The City agrees to provide Contractor with the name and phone number of the employee Contractor should contact after hours should an emergency anise. Page 24 (o) City Enforcement: To the extent authorized by law, City agrees to use its best efforts to ensure that Commercial and Industrial customers utilize Contractor's services. (p) Additional Provisions: If taxes or fees are imposed upon Contractor after the date of this Agreement by a governmental entity or agency directly attributable to Contractor's handling or disposition of refuse or waste as required by this Agreement, then Contractor may request to recover those additional taxes or fees during the term of this Contract in accordance with Section V(b) herein. (q) If, after the date of this Agreement, additional regulations by a governmental entity or agency result in extra costs to Contractor in providing the services required herein, the Contractor may be entitled to recover those costs during the term of this Contract in accordance with Section V(b) herein. Page 25 IN WITNESS HEREOF, the contracting parties, by our duly authorized agents, hereby affix our signatures and seals on this a day of �a rr,� , 200/. Republic Waste Services of Texas, Ltd. 1212 Harrison Ave. Arlington, Texas 76011 B y: l/! .� Name: t4 ��Cy Title: City of Southlake, Texas 1400 Main Street Suite 460 Southlake, Texas 76092 ,� f Page 26 VERIFICATION STATE OF TEXAS § COUNTY OF ra, § BEFORE ME, the undersigned Notary Public, on this day personally ( as ��- , who being by me duly sworn u on his oath deposed and said that he is the � preti of � uU, ,tsar he is authorized to make this affidavit on behalf has read the above and foregoing Contract, and that every material statement contained herein is true and correct, to the best of his knowledge and belief. SUBSCRIBED AND SWORN TO BEFORE ME this —W � day of fln&QC 200. NOTARY PUBLI , in and for & ° r� :x State of Texas Of Page 27 STATE OF TEXAS COUNTY BEFORE ME, the undersigned Notary Public, on this day personally S Gana Y2I yAr*AA- , who being by me dul X sworn upon .h�l deposed and said that is the C4:k' a of k 4 �e . ;that the is autononzed to make his af£�da it on behalf of f ;that e has read the above and foregoing Contract, and that eve6 material statement contained herein is true and correct, to the best of Yr§ knowledge and belief. W SUB CRIBED AND SWORN TO BEFORE ME this �aµ d, day of jM a(dn = , 2002. NOTARY PU State of Texas in and for the .r O !A Page 28 EXHIBIT "A" RATE SHEET CONTRACT FOR RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION Between The City of Southlake and Republic Waste Services of Texas, Ltd. RESIDENTIAL RATES Residential Curbside - 2 times per week $ 7.81 (per month) Residential Recycling - 1 time per week $ 2.44 (per month) Total Residential $10.25 (per month) Commercial Hand Load - 2 times per week $18.19 (per month) (4 bag limit per collection) COMMERCIAL FRONT LOAD RATES Size 1x week 2x week 3x week 4x week 5x week 6x week Extra 2 YD $ 48.95 $ 77.49 $106.03 $134.59 $161.76 $190.32 $ 24.47 3 YD $ 61.16 $101.96 $144.10 $184.88 $227.03 $267.81 $ 29.90 4 YD $ 74.77 $123.71 $174.62 $222.96 $273.26 $322.20 $ 35.35 6 YD $114.19 $165.85 $231.08 $297.72 $364.34 $429.59 $ 40.78 8 YD $129.14 $212.07 $295.01 $376.57 $459.50 $542.42 $ 47.58 Page 29 Miscellaneous Commercial Charges Containers with casters Locks or Gates COMMERCIAL ROLL OFF RATES $ 11.50 (per month) $ 1.10 (per lift) 20 YD OPEN $ 84.45 $ 3.83 $305.00 $454.65 30 YD OPEN $ 84.45 $ 3.83 $335.00 $454.65 40 YD OPEN $ 84.45 $ 3.83 $345.00 $454.65 28 YD COMP NEGO NEGO $425.00 NEGO 30 YD COMP NEGO NEGO $425.00 NEGO 35 YD COMP NEGO NEGO $450.00 NEGO 40 YD COMP NEGO NEGO $450.00 NEGO 42 YD COMP NEGO NEGO $450.00 NEGO Page 30 EXHIBIT "B" MISCELLANEOUS RATE SHEET ARLINGTON LANDFILL, 800 Mosier Valley Road, Arlington, TX (Leased and Operated by Republic Waste Services of Texas, Ltd.) IM !"t3?" L . r� -' ��n a' 1 6� h ", � J (effective May 1, II Vehicle Size Southlake Residents Must Show Proof of Residence, Valid Drivers License Required Automobiles, Station Wagons, Pickups (with no sideboards) 57 1each Pickups or Automobiles with Trailers attached, Less Than 8 Feet in Length (with no sideboards on pick-up or trailer) $7 for p/u load and $7 for trailer load Pickup and Trailers, Less Than 8 Feet in Length with After Market Sideboards Attached to Truck or Trailer $35 1ton $35 Minimum Pickups or Automobiles with Trailers Attached, Greater Than 8 Feet in Length 535 /ton $35 Minimum Semi - trailers, Dump Trucks and Trucks Larger Than $35 /ton $35 Minimum Tarp Charge for Improperly Tarped Vehicles - State Regulation S1 O/Vehicle Automobile 1 Pickup Tires (NO Rims) $3 /each - Limit of 4 Truck Tires (NO Rims S8 /each - Limit of 4 Large Tires with Rims Not Accepted Page 31 Agricultural Tires (NO Rims) $150 /each -Limit of 2 Livestock $$leach Clean Dirt f►1!" Special Handling Charge (rootballs, etc.) $50 per load Grass & Leaves only Customer to de-bag on site No Charge Southlake Residents $3 /c $15 Minimum THE FOLLOWING WASTES ARE PROHIBITED FROM DISPOSAL AT ARLINGTON LANDFILL: Lead Acid Batteries, Used Oil Filters, Tires, Liquids, Pesticides, CFC, PCB, Regulated Hazardous Waste Note: Disposal rates set forth above apply to Southlake residential customers only, schedule is not applicable for commercial contractors. Brush and /or Bulky Item Pick -up $95.00 per hour, 30- minute minimum Brush Chipping Service $95.00 per hour, 30- minute minimum Page 32 TrIl' FI "I P l OEM AN 11 O�N'D, EXHMIT " D" SURVEY QUESTION The following question will be used in the Citizen's Survey regarding Trasb and Recycling Collection Services: "Since the new contractor began service in May 2007 has your experience with trash and recycling collection been excellent, good, fair or poor "? Page 34 lu CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061 -1615 MMUE3B Phone: 908-903-3497 Facsimile: 908 -903 -3656 Bond No. 8197 -06 -55 FEDERAL_ INSURANCE COMPANY PERFORMANCE BOND Amount $250,000.00 Know All Men By These Presents, That we, Republic Waste Services of Texas, Ltd 1212 Harrison Avenue, Arlington, 76011 (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Southlake 1400 Main Street, Southlake, TX 76092 (hereinafter called the Obligee), in the amount of Two Hundred Fifty Thousand Dollars and 001100 ( $250,000.00 ), for the payments of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seats and dated this May 1, 2007 WHEREAS, the Principal entered into a certain Contract with the Obligee, dated 511!2007 for Solid Waste Collection and Disposal and Recycling Services in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said Contract set forth and specified to be by said Principaf kept, done and performed, at the times and in the manner In said Contract specified, or shall pay over, make good and reimburse to the above named Obligoe, all loss and damage which said Obligee may sustain by reason of failure or default on the part of the said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect, subject, however, to the following conditions: NOTWITHSTANDING ANYTHING CONTAINED IN THE CONTRACT TO THE CONTRARY, THE LIABILITY OF THE PRINCIPAL AND THE SURETY UNDER THIS BOND ES LIMITED TO THE TERM OF THE CONTRACT FROM 5/1/20177 TO 4/30/2008. ANY EXTENSIONS OR RENEWALS OF THIS BOND MUST BE CONSENTED TO IN WRITING BY THE PRINCIPAL AND THE SURETY. FAILURE TO EXTEND OR RENEW THIS BOND BY THE PRINCIPAL AND THE SURETY SHALL NOT CONSTITUTE A DEFAULT UNDER THIS BOND. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. Form 15 -02 -0300 (Rev. 11 -99) Contracts with Renewal Options Page 1 of 2 Band No. 8197 -06 -55 No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Republic Waste Services of Te FEDERAL. I RANCE COMP Y By: Alt rney In Sarabeth Scott Form 15 -02 -0300 (Rev. 11 -92) Contracts with Renewal Options page 2 of 2 Chubb POWER Federal Insurance Company Attn: Surety ueparzment OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 tOt4LAMs Know Ail by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Johanne S. Puckett and Sarabeth Scott of Greenville, South Carolina--------- - - -- �� -- each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety therean or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and aftesied these presents and affixed their corporate seals on this 6 day of June, 2006 Kenneth C. Wendel, Assistant Secretary STATE OF NEW JERSEY as. County of Somerset y Jame. ' sman, Vice President On this fi day of June, 2006 hefore me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with James E. Altman, and knows him to be Vice President of said Companies; and that the signature of James E. Altman, subscribed to said Power of Attorney is in the genuine handwriting of James E. Altman, and was thereto subscribed by authority of said By- Laws and in deponents presence. Notarial Sea) �, A. F� ItOTAR), K A &E j A. EDER Jon" + * t3®tu+Y p�� 2131647 20Q9 kft �Fj!♦ JE4��� Commission ExpiresOct 23, Notary Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of allomay for and an behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vica President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed, The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Companywith respect to any bond or undertaking to which it is attached." 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL. INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies"} do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, [) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U-S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam. and each of the Provinces of Canada except Prince Edward Island; and (i] the foregoing Power ofAhomey is true, correct and in full force and effect. /) Given under my baud and seals of said Companies at Warren, NJ this ♦ i f G Kennett) C, ender, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 943- 3656 e -mail: suTjyQchubb.coM 0:i/28/07 COnfirmNet -> 18177488010 Pg 2/5 kh CERTIFICATE OF LIABILITY INSURANCE 0 M1[iD7YYt 03/28/07 1 /28 PRODUCER LIC #164977 1_564 -233 -9626 The Puckett Group, Incorporated THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Boa 3475 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER. T.HE.COVERAGE AFFORDED BY THE POLICIES- BELOW. POLICY NUMBER Greenville, SC 29502 POLICYEXPIRATlON INSURERS AFFORDING COVERAGE NAIC # INSURED 13902 Duncan Bisp / Arlington bisp /Grand Prairie Biep IN5URrRAJllin0ia Minn Ins Co 1 27950 INSURE RB'Ace American Ins Co I EACHOCCURRENCE 1212 Harrison Avenue INSURERC: �— COMMF,RCIAL GENERAL LIABILITY INSURER#: Arlington, TX 76011 l- SURERE: $3,000,000 THE POLICIES OF INSURANGE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDPNON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE, INSLRANCLAFFORDED BY THE POLICIES. DESCRIBED HEREIN IS SUBJECT TO ALL THE EXCLUSIONS AND CONDITIONS.:DF SUCK POLICIES. AGGREGATE LIMITS &HO W N MAY HA VE S EEN REDUCED BY PAID CLAIMS. INSR T DD'L POLICY NUMBER POLICY EFFECTIVE nA J E IMMQ2ftn-- 1 2A15 t MMQ9i y4 POLICYEXPIRATlON LIMITS B GENERAL LIABILITY HDO 621737455 11/01/06 11/01/07 EACHOCCURRENCE $5,000,000 COMMF,RCIAL GENERAL LIABILITY PREMISES Ear CUfan[e $3,000,000 CLAIMS MADE OCCUR MEDEXP(Anyonepusw!I $10,000 PERSONAL &ADV INJURY $5,000,000 GENERALAGGREGATE $ 5,ODO,DDO GEMLAGGREGATE LIMIT APPLIES PER PRODUCTS - COMWOP AGG $5,000,000 POLICY JEC X LOD B ISA H08224150 11/01/06 11/01/0 A UTOMOBILEUABK.ITY I COMBINEDSINGLELIMit $5,000,000 ANY AUTO ! (Eaazddenll ALL OWNED AUTOS {; SCHFOU[FTiADTM I i BODILY INJURY (Aerpefsotq $ HIREDAUTCS I BODILY iN.iURY $ WIN OVrMEDALffM I (Paraccide,-d) PROPERTYDAMAGE $ � (Par acddenty GARAGE LIABILITY 3 AUTO ONLY - EAACCOENT $ FAACC OTHER THAN 5 ANYAUT.0 $ I AUTOONLY: AGG E %L£S &UMBRELLA LIABILITY EACH OCCIIliRENCE $ I _ j OCCUR E7 CLAIIdS MADE i AGGPECATE $ � OLDUCTT8LE I RETENTION $ $ WORKERS COMPENSATIONANO W c y U- OIH- EMPLOYERS' LIABILITY E.L EACHACCIDENT g ANY PRaPRIETOHIPARTNERrEXECLnIVE i OFFICEWMEIGSER EXa DDEO? E. L. OISEASE -EA EfJPLOYEE $ Ryyes, descbe usdrx E.LDISEASE - POLICYUNIfT E 3 1 bw OTH CIALPROVISION5 orHeR A i TX Employers Excess Indem TNS-C4464194A 01/01/07 01/01/08 Part 1 & part 2 10,000,000 DESCRIPTION OF OPERATIONS 1 LOCATiONSf VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS The city cat Southlake. and_ its Ofticerz_ employees, and- elected repreaeutativas as additional insured, las their interest may appear. The Contractor agrees to waive subrogation against the City and its officers, employees, and elected representatives for injuries including; death, property damage, or any other lose to the extent same may be covered by the proceeds - of insurance - except_ for cases inz*olving the "Is negligence- of the City. "ter` UANGLLLA11 IVN &HOUtD'ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%PIRkTI0* City Of Southlake, TeXas DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Contract for Residential and Commercial Refuse Collection NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TD DO- SOSHALL- 1400 Main Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES - Southleke, TX 760 92 AUTHORIZE[? REPRESENTATIVEl I USA ACORD 25 (200110$) 653 50 65309 4 © ACORD CORPORATION 1988 58 vai ao/ vl l:uniiTmniet -> 18177488010 Pg 3/5 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)- If SUBROGATION I5 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Iieu of such endorsement(s). DISCLAIMER The Certificate of lrrsurarrce orr the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively- amerfid< extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (20DI I 03/28/07 ConfirmNet —> 18177488010 Pg 4/5 POLICY NUMBER, jirus.=73745a COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDS IGNAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIA81LtTY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(t City of southlake, Texas Contract for Residential and Commercial Refuse Collection 1490 Mein Street Southlake. TX 76Q92 USA InformationLegurmdto complete this Scftedate, if not showrT above; wili be shown in the Declarations. Section 11 — Who. Is Am Ensured is- amended la in- clude as an additional insured the person(s) or or- gaFT zallon(s) shown in the Schedule, but only with respect to liability for "bodily injury ", "property dam- age" or "personal and advertising injury" caused in, whole or in part, by your acts or omissions or the acts or omtssionsof those acting on your behalf: A. In the performance of your ongoing operations; or H. In connectiori with. yGw prormses- awned by or rented to you. CG 29 26 V 04- 0 ISO PropeAies tne., 2004 Page i of I Q 03/28/07 ConfirmNet -> 18177488010 Pg 5/5 POLICY NUMBER: xon a21737458 COMMERCIAL GENERAL LIABILITY CG 24 44'10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRARSFER..OF RIGHTS. OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the fallowing:. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: cit of Southlake, Texas Contract for Residential and Cou nercial Refuse Collection ltoo main street Southlake, TX 7 6042 USA (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable tathis- endorsement. }. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS). is amended by the addition of the following: We waive any right of recovery we may have against the person - or-organiaatioR shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization-and included in the "products - completed operations hazard ". This waiver applies only to the person of organization shown_ in}the Schedule above. CG 24 0414 93- Copyright, Insurance Services Office, Inc., 1998 ACORD CERTIFICATE OF LIABILITY INSURANCE 0DATE 3/29/007 PRODUCER PRODUCER LIC 0164377 .1- 864 -233 -9626 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Puckett Group, incorporated ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 3478 - ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL - Greenville, SC 29602 INSURED 63402 Republic Waste Services of Texaa, Ltd. INSURERA:Illinois Union Ind Co 27960 INSURERB:ACe American Ina Co EACHOCCURRENGE - 1212 Harri son Avenue INSURER C: INSURERD: Arlington, T% 76411 INSURER E: D AMAOETORINTED PREMISESEaoccurance - - COVERAGES THE POLICIES 'OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH'RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AF.FQRDED SY THE POLICIES.DESCRMED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVF BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L POLICY NUMBER POLICY EFFECTIVE DATE TION POLICY M EXPIRATION LIMITS B GENERAL LIABILITY 8DO 62.1737458 11/01/06 11/01/07 EACHOCCURRENGE - $5,000,31DO X COMMERCIAL GENERALUABILITY D AMAOETORINTED PREMISESEaoccurance $3,000,000 CLAIMS MADE FXI OCCUR - MED EXP (Anyone person) $10,000 PERSONAL &ADV INJURY S 5,000,000 GENERAL AGGREGATE S 5.000,000 j GEN'LAGGREGATELIMITAPPLIES PER: PRODUCTS•COMP /OPAGG $5,000,000 POLICY [ PRO- 'X 'LOC 13 AUTOMOBILELIABrLITY X - ANY AUTO - ISA H08224158 - - 11 /01/06 - - 11 /01/07 - COMBINED SINGLE LIMIT (Esaccldent) - S'S-, 000, 000 BODILY INJURY (Per person) _ § ALLOWNEDAUTOS SCHECULEDAUTOS BODILY INJURY (Peraccident) $ HIRED AUTOS - NON- OWNEDAUTOS PROPERTY DAMAGE (Peraccident) $ - - - GARAGELIABILITY AUTO ONLY•EAACCIDENT $ OTHERTHAN EAACC $ ANY AUTO - $ - AUTOONLY: AGG FXCESSIUMBRELLA LIABILITY EACHOCCURRENCE 5 - OCCUR CLAIMS MADE - AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC TORY LIMIT ER ER EMPLOYERS' LIABILITY, ANY PROPRIEY9WPAftTNER1EXECUTIVE - E.L. EACHACCIDENT $ E.L. DISEASE • EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? IFym, describe under SPECIAL PROVISIONS below - - - E.L. DISEASE - POLICY LIMIT I. - A ,OTHER TIC Employers Excess,Indem TNS- C4464194A 01/01/07 01/01/08 Part 1 & Part 2 :10,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES ! EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS The City of Southlake and its officers, employees, and elected representatives as additional insured, (as their interest may appear. The Contractor agrees to waive subrogation against the City and its officera, employees, and elected represantativea for injuries including; death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance exdept for cases involving the sole negligence of the City. - - - - SHOULD ANY OF THE ABOVE DESCRIBED PO41CIES,BE CANCELLED BEFORE THE EXPIRATION City of Southlake, Texas DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Contract for Residential and Commercial Refuse Collection NOTICE TO THE CERTIFICATE HOLD ER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 1400 Main Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. SoU thlake, TX 76092 AUTHORIZED REPRESENTATIVE , USA ACORD 25 (2001108) ahj ones v (i7 ACORD CORPORATION SAAR i IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed.- A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2041178) POLICY NUMBER: HDO G217374-58 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person .s Or Organization(s City of South lake, Texas Contract for Residential and Commercial Refuse Collection 1400 Main Street Southlake, TX 76092 USA Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured 'the person(s) or or- ganization(s) - shown in 1 the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 C ISO Properties, Inc., 2D04 Page 1 of 1 POLICY NUMBER: ano 6217 3 745 8 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization_ : City of Southlake, Texas Contract for Residential and Commercial Refuse Collection 1400 Main street Southlake, Tx 75092 USA (If no entry appears above, information required to complete this endorsement will be shown in . the Declarations as applicable to.this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of- payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 Copyright, .Insurance Services Office, Inc., 1998 CONTRACT FOR RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION Between The City of Southlake and Republic Waste Services of Texas, Ltd. EXHIBIT A - RATE SCHEDULE (EXISTING) RESIDENTIAL RATES Residential Curbside - 2 times per week $7.81 (per month) Residential Recycling - 1 time per week $2.44 (per month) Total Residential $10.25 (per month) Commercial Hand Load - 2 times per week $18.19 (per month) (4 bag limit per collection) COMMERCIAL FRONT LOAD RATES Miscellanious Commercial Charges Containers with casters $ Locks or Gates $ COMMERCIAL ROLL OFF RATES 11.50 (per month) 1.10 (per lift) SIZE Frequency of Collection DELIVERY Size Ix week 2x week 3x week 4x week 5x week 6x week Extra 2 YD 48.95 77.49 106.03 134.59 161.76 190.32 24.47 3 YD 61.16 101.96 144.10 184.88 227.03 267.81 29.90 4 YD 74.77 123.71 174.62 222.96 273.26 322.20 35.35 6 YD 114.19 165.85 231.08 297.72 364.34 429.59 40.78 8 YD 129.14 212.07 295.01 3 76.5 7 459.50 542.42 47.58 Miscellanious Commercial Charges Containers with casters $ Locks or Gates $ COMMERCIAL ROLL OFF RATES 11.50 (per month) 1.10 (per lift) SIZE TYPE DELIVERY RENTAL PER DAY RATE PER HAUL DEPOSIT 20 YD OPEN $ 84.45 $ 3.83 $ 305.00 $ 454.65 30 YD OPEN $ 84.45 $ 3.83 $ 335.00 $ 454.65 40 YD OPEN $ 84.45 $ 3.83 $ 395.00 $ 454.65 28 YD COMP NEGO NEGO $ 425.00 NEGO 30 YD COMP NEGO NEGO $ 425.00 NEGO 35 YD COMP I NEGO NEGO $ 450.00 1 NEGO 40 YD COMP I NEGO NEGO $ 450.00 1 NEGO 42 YD COMP I NEGO NEGO $ 450.00 1 NEGO CONTRACT FOR RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION Between The City of Southlake and Republic Waste Services of Texas, Ltd. EXHIBIT A - RATE SCHEDULE (PROPOSED) RESIDENTIAL RATES Residential Curbside - 2 times per week $7.81 (per month) Residential Recycling - 1 time per week $2.44 (per month) Total Residential $10.25 (per month) Commercial Hand Load - 2 times per week $18.92 (per month) (4 bag limit per collection) COMMERCIAL FRONT LOAD RATES Miscellanious Commercial Charges Containers with casters $ Locks or Gates $ COMMERCIAL ROLL OFF RATES 11.96 (per month) 1.14 (per lift) SIZE TYPE DELIVERY RENTAL PER DAY RATE PER HAUL Frequency of Collection 20 YD OPEN $ 87.83 $ 3.98 $ 317.20 Size Ix week OPEN 2x week 3x week $ 348.40 4x week 40 YD 5x week $ 87.83 6x week $ 410.80 Extra 2 YD $ 50.91 $ 80.59 $ 110.27 $ 139.97 $ 168.23 $ 197.93 $ 25.45 3 YD $ 63.61 $ 106.04 $ 149.86 $ 192.28 $ 236.11 $ 278.52 $ 31.10 4 YD $ 77.76 $ 128.66 $ 181.60 $ 231.88 $ 284.19 $ 335.09 $ 36.76 6 YD $ 118.76 $ 172.48 $ 240.32 $ 309.63 $ 378.91 $ 446.77 $ 42.41 8 YD $ 134.31 $ 220.55 $ 306.81 $ 3 91.6 3 $ 477.88 $ 564.12 $ 49.48 Miscellanious Commercial Charges Containers with casters $ Locks or Gates $ COMMERCIAL ROLL OFF RATES 11.96 (per month) 1.14 (per lift) SIZE TYPE DELIVERY RENTAL PER DAY RATE PER HAUL DEPOSIT 20 YD OPEN $ 87.83 $ 3.98 $ 317.20 $ 472.84 30 YD OPEN $ 87.83 $ 3.98 $ 348.40 $ 472.84 40 YD OPEN $ 87.83 $ 3.98 $ 410.80 $ 472.84 28 YD COMP NEGO NEGO $ 442.00 NEGO 30 YD COMP NEGO NEGO $ 442.00 NEGO 35 YD COMP NEGO NEGO $ 468.00 NEGO 40 YD COMP I NEGO NEGO $ 468.00 NEGO 42 YD COMP I NEGO NEGO $ 468.00 NEGO