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HomeMy WebLinkAboutResolution - 4837 - Contract-Browning Ferris Industries Inc-Solid Waste Collection Service District3 - 05_11_1995Resolution No. 4837 May 11, 1995 Item #40 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Browning - Ferris Industries, Inc., of Lubbock, to furnish all services as bid for the Solid Waste Collection Service, District 3 for the City of Lubbock, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: Betty A Johnso , City Secretary APPROVED AS TO CONTENT: ktmk" Victor Kil4i, Purchasing Manager APPROVED AS TO DVIald G. Vandiver, First Assistant City Attorney :dplccdocs\browningRes April 19, 1995 RESOLUTION No. 4837 May 11, 1995 GaU J. Van Rooyan Senior Corporate Counsel Direct Line. (281) 970-7404 Fax (291) $70-7925 September 9, 1997 Mr. William de Haas Assistant City Attorney City of Lubbock P. O. Box 2000 Lubbock., Texas 79457-0001 Re: BFI Solid Waste Collection Contract Dear Mr. de Haas: Thank you, for your letter of August 15, 1997 to accepts your proposal, as set forth in that letter. Ann Reeves. BFI hereby This letter will then confirm the entire agreement reached between Browning -Ferris, Inc. OFT") and the City of Lubbock, Teias�("City"j with respect to Contract #13044, Solid Waste Collection Service, District 3 between BFI and the City (the 'Contract'), as follows: 1. The City acknowledges and agrees that Section 33 (b) of the Contract provides for an annual automatic adjustment to the Dwelling Unit price to conform to increases or decreases in the Consumer Price Index for All Urban Consumers to occur on May 11 of each year of the contract. The City further acknowledges and agrees that this u4justment provision is separate and distinct, and in addition to, the discretionary CPI adjustment provided for in Section 2 of the Contract. 2. The City agrees that the CPI adjustment pursuant to Section 33(b) shall be retroactive to May, 1996. Accordingly, the Dwelling Unit rate shall be and is hereby increased from $5.22 to $5.37 effective May 11, 1996, based upon a CPI increase of 2.8%, and shall be and is hereby further increased from $5.37 to $5.49 effective May 11, 1997, based upon a CPI increase of 2.2%.' 3. On October 1, 1995, shortly after the Contract began, the disposal rate at the CiWs landfill was increased from $19.25 per ton to $26.25 per ton. Rather than increase the Dwelling Unit rate pursuant to either Section 7.4.5 or Section 33(c) or 33(e) of the Contract, the parties agreed that the City would Corporate Office • 757 N. Eldridge - P.O. Box 3151 (77253) • Houston, Texas 77079 Phone 281-870-8100 • Fax 281-870-7844 30%Postc-or p September 9, 1997 Page -2- reimburse BFI at the rate of $7.00 per ton for each ton of waste collected by BFI under the Contract and disposed of at the City's landfill. The City acknowledges and agrees that this reimbursement was not intended and shall not be considered to be gross revenue" for purposes of calculating the Street and Alley Use Fee owed by BFI to the City, for all periods under the Contract either prior to or after the date hereof. 4. As a result of the foregoing, the City agrees that as of June 30, 1997 it owes BFI the total amount of $35,715.61, for all sums due under the retroactive CPI adjustments and reimbursement of Street and Alley Use Fees previously overpaid by BFI due to the inclusion of the $7.00 per ton reimbursement in the calculation of said Fee. Of this amount, the City has already delivered to BFI a check in the amount of $9,965.32 dated 05/02/97 (check # 0105702), the receipt of which is hereby acknowledged, leaving a balance due of $25,750.19. The City agrees to pay to BFI, within thirty (30) days from the date of this letter agreement, the aforesaid balance due of $25,750.19 plus any difference owed between the current Dwelling Unit rate of $5.49 and the Dwelling Unit rate used in determining and invoicing the charges from BFI to the City for the months of July and August of 1997 as well as any overpayment of the Street and Alley Use Fee for those two months attributable to the inclusion of the $7.00 per ton reimbursement in the calculation of said Fee. If the foregoing correctly sets forth the agreement between the City and BFI, please so indicate by having an authorized representative of the City execute one copy of this letter agreement in the space provided below and return that executed copy to the undersigned. Very trul; J. Acknowledged and agreed to this 17 K i xy of September, City of Lubbock, Texas � V- -- --Rffl �;, _ 1997. No Text CITY OF LUBBOCK SPECIFICATIONS FOR REQUEST FOR QUOTATION SOLID WASTE COLLECTION SERVICE BID #13044 ,6 6t?t�,, 6y CITY OF I,UBBOCK Lubbock, Texas City of Lubbock P.O. Sox 2000 Lubbock. Texas 79457 506-767-2167 CITY OF LUBBOCK "NOTICE TO PROCEED" DATE: June 1, 1995 DATE ISSUED: June 1, 1995 TO: BROWNING-FERRIS, INC. 405 30TH STREET LUBBOCK, TX 79404 PROJECT DESCRIPTION: BID #13044 - SOLID WASTE COLLECTION SERVICE OWNER'S REPRESENTATIVE: STE VEN D. JOHNSON SUPERINTENDENT OF SOLID WASTE (806)767-2485 PROJECT AMOUNT: $871 09:20 ISSUED BY: D. JOIWSON, OF SOLID WASTE Office of Purchasing City of Lubbock P.O. Box 2000 Lubbock, Texas 72457 806-767-2167 June 1, 1995 Office of Purchasing Kevin Goon District er-Vice President Bro -Ferris, Inc. 405 3 Street Lu TX 79404 RE: Bid #13044 - SOLID WASTE COLLECTION SERVICE - S871,009.20 Dear Mr. Gorman: Enclosed please find your copies of the executed contract for the above referenced project. The enclosed notice "Required Workers' Compensation Coverage" should be posted as indicated in the contract documents. Please contact the Owner's Representative, Steven D. Johnson, Solid Waste Superintendent, at (806)767-2485 if you have any questions. Sincerely, VICTOR MAN PURCHASING MANAGER VKIcc Enclosures: 2 Contracts cc: Steven D. Johnson, Solid Waste Superintendent Return Receipt Requested P 608 002 966 THE STATE OF TEXAS § § COUNTY OF LUBBOCK § Coact #13044, Solid waste Collection SwAoe, DL;tict 3 AddenaL= to SOLID WASTE COLLECTION SERVICE CONTRACT DISTRICT 3 THIS CONTRACT is made and entered into by and between the CITY OF LUBBOCK, a municipal corporation, located in Lubbock County, Texas, hereinafter called "CITY," and hereinafter called "CONTRACTOR" For and in consideration of the mutual promises, terms, covenants and conditions herein, the parties hereto do agree as follows: 1. DEFINITION OF TERMS The definitions set forth in the Lubbock City Code, including any amendments or revision thereto adopted during the term of this Contract, shall apply during the term of this Contract. However, wherever the following definitions and terms, or pronouns in place of them, are used in this Contract, the intent and meaning shall be interpreted as specified in this section unless otherwise indicated: "Actual Cost" means the cost for the City to provide the service, including salaries and fringe benefits of any labor used, contractual services costs including the operating and maintenance cost of any vehicles used, any commodities used and associated overhead. "Alley Collection" means Solid Waste collection from an alley in which the collection point is that area closest to the alley and adjacent to the property line, but outside of any fences or enclosed portion of the premises. "Bid" means a properly signed and guaranteed written offer of the Bidder on a form furnished by the City to perform the Work and to furnish the labor and materials at the Unit Price quoted. "Contained Collection" means collecting and delivering to the Disposal Site all Solid Waste placed for collection in Containers supplied by the City. "Container" means the metal Containers (dumpsters) described in Exhibit A and supplied by the City to residents for the disposal of household Solid Waste. "Debris" means waste that is not containerized. "Disposal Site" means any facility designed to accept municipal Solid Waste. Such facilities include landfill, transfer station, waste -to -energy plants and materials recovery facilities. F Contract #13044, Solid Waste Collection Service, District 3 Addendum H7 "Dwelling Units" means any room or group of rooms used solely as a domicile for a single household. This includes single units and mobile homes, but excludes apartments with five (5) _ or more units. "Landfill" means the City of Lubbock Landfill located at 6500 North Avenue P. "Manual Collection" means collecting and delivering to the Disposal Site all Solid Waste placed for collection in the citizen's own Container such as a-20-gallon can or plastic bag. "Materials Recovery Facility" or "]VIBE" means a public or private facility used for separation and densification of mixed or segregated recyclable material for future use as a raw material in a manner that prevents and abates public nuisances. _ "District 3" means the geographical area within the City limits of the City of Lubbock identified as a district for the purpose of Solid Waste collection. This includes all areas currently within the City of Lubbock as well as any annexations which occur during the term of this Contract. "Notice to Proceed" means a written notice to the Contractor issued and signed by the authorized agent stating the date on which the Contractor is to begin Work "Public Building" means all building or structures including parks owned or used by governmental agencies. _ "School" means all public and private buildings used for preschool, elementary, specialized, or higher education purposes. "Solid Waste" means all solid wastes produced by the community, including putrescible and nonputrescible wastes, organic and inorganic wastes, combustible and noncombustible wastes, recyclable and nonrecyclable items for residents not participating in the City's recycling program, and liquid nonhazardous waste, but not including United States Environmental Protection Agency or appropriate agency of the State designated hazardous waste or human body Pam• "Solid Waste to Energy Plant" means a disposal option in which the collection vehicle delivers the Solid Waste to a plant which converts the Solid Waste to energy either by burning or digestion. "Street Collection" means Solid Waste collection from a right of way in which the collection point is that area closest to the thoroughfare which does not block traffic. "Subcontractor" means the individual, firm, partnership, corporation or association licensed or otherwise authorized by law to do business in Texas to whom the Contractor, contracts part of the Work. "Surety" means the corporation, partnership or individual, duly licensed and authorized to do business in Texas who is bound with and for the Contractor to assume legal liability for the faithful performance of the Contract. "Uncontained Collection" means the collecting and delivering to the Disposal Site all uncontained Solid Waste as defined in the Lubbock City Code placed for collection. "Unit Price' means the amount Bid on a Bid form as attached in Exhibit D hereof to provide contained and uncontained Solid Waste collection service. 2 7, Contract #13044, Solid Waste Collection Service, District 3 Addendum #7 "Work" means the furnishing of all labor, materials, equipment and other incidentals necessary for the successful completion of the Contract and the carrying out of all duties and obligations imposed by the Contract 2. TERM OF CONTRACT The term of the Contract shall be for a period of three (3) years. Period 1 - 12 months - May 11,1995 to May 10,1996 Period 2 - 12 months - May 11,1996 to May 10, 1997 Period 3 -12 months - May 11,1997 to May 10,1998 Prices will be bid for Period 1 only. All prices bid for Period 1 may, at the option of the City, be adjusted for Period 2 up to one hundred percent (100%) of the cost of living increaseldecrease as l measured by the Consumer Price Index (CPI). CPI referred to herein is the Consumer Price Index for Urban Wage Earners and Clerical Workers (All Items) for the U.S. City Average. The period of increaseldecrease measurement shall be from the twelve months most nearly matching Period 1 of the contract (containing at least nine months of Period 1), and the resulting net increaseldecrease shall be applied to prices bid herein for Period 2. Prices for Period 3 shall be calculated in the same manner as effective price:, for Period 2, using Period 2 as the base period of measurement. RIGHT OF USE 6 The Contractor is granted the right to use dedicated streets, alleys and Solid Waste collection easements for the purpose of performing the Work specified in this Contract, but the Contractor is not granted exclusive use of such streets, alleys or easements. 4. RESERVATION OF RIGHTS a. It is hereby reserved to the City every right and power which is required to be herein reserved or provided by any ordinance of the Charter of the City and the Contractor agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights or powers, heretofore or hereafter enacted or established- b. The entering into this Contract shall not constitute a waiver or bar to the exercise of any governmental right or power of the City. No right or exemption slall be granted to the Contractor except those specifically described herein. 5. SCOPE OF WORK a. The Contractor shall furnish all labor, equipment, materials, tools, insurance, supervision and all other items incidental thereto and perform all Work necessary and specified in the prescribed manner and time to provide the service of all residential Solid Waste collection services in the area of the City in accordance with this Contract.. The Contractor shall provide all residential Solid Waste collection services including mechanized Contained Collection and Uncontained collections for the entire period of this Contract. Manual Collections will be required under this Contract with regard to the uncontained waste found in the alleys and with the exception of some handicapped r-- i Contract #13044, Solid Waste Collection Service, District 3 Addendum #7 carryout and special cases dictated by specifications for Contained Collections and Uncontained Collections is set forth in Exhibits "A" and "B', respectively, which are attached to this Contract and made a part hereof. 6. PERFORMANCE COMMENCEMENT a. The City shall deliver to the Contractor a "Notice to Proceed" at such time as the City desires the Contractor to commence performance of the Work under this Contract. The Contractor shall commence Work in accordance with this Contract on the date specified in the Notice to Proceed. b. Upon commencement of the performance of Work, the City shall transfer to the Contractor the collection of contained Solid Waste on all collection routes in District 3 over a transition period commencing on June 1, 1995, and continuing to September 1.1995, (this "Transition Period"). Contractor shall assume collection of the contained Solid Waste according to a mutually agreed upon transition schedule which shall include routes, and dates on which Contractor shall commence collections on such routes. During the Transition Period, the City will continue to collect contained Solid Waste on routes until they are turned over to Contractor in accordance with the Transition schedule. Contractor will be paid at the rates provided in this Contract based upon the number of Dwelling Units served by Contractor. 7. EOUMNIENT a. The Contractor shall furnish the equipment as set forth in Exhibit "C" attached hereto at its sole cost and expense to accomplish the Work required of Contractor. b. The Contractor shall provide and use only such equipment, material and facilities as are capable of performing quality and timely Work required by this Contract. C. All vehicles used in both Contained and Uncontained Collection shall have enclosed bodies. Open bed vehicles shall not be used unless every load is completely covered with a tarp. 8. MATERIALS a. The City shall retain responsibility for providing Containers to residents for the mechanized collection service including replacement Containers for those which are lost or stolen or beyond their useful life. b. Repair and replacement parts such as wheels, lids, hinges, axles and handles shall be at the cost and the responsibility of the Contractor. Repair and replacement parts shall meet or exceed the specifications of the original parts. Removal of graffiti from the containers is also the responsibility of the Contractor. 9. LANDFILL FEES Landfill fees will be paid by the Contractor. 4 Contract #13G44, Solid Waste Collection Service, District 3 Addendum #7 t10. OWNERSHIP OF SOLID WASTE r- The Contractor shall not assert or claim arty property right to Solid Waste placed for collection under this Contract. This provision may be waived in part by the City in its sole discretion if the Contractor submits a plan for resource recovery which is approved by the City Manager or designee. 11. NUMBER OF DWELLING UNITS r The Contractor will be notified of changes relating to the number of Dwelling Units for that month. The count will be established based on a listing of all addresses served by the Contractor. The Contractor shall notify the City in Writing within 10 days, of any discrepancy on the list. �... This notification shall include the nature of the disagreement, the address of the Dwelling Unit in question, the type of service being provided and the date such service began or ended. The Solid Waste Administrator will investigate all reported discrepancies and confirm deny the contractors report. The Contractor will be notified of the City's decision by the 25th day of the month. The Contractor will submit an invoice for payment based on the corrected listing. 12. COLLECTION All Solid Waste shall be collected at the scheduled time. Failure to perform any term or condition of this Contract may result in declaring the Contractor in default and pursuing remedies specified in Section 30. However, the City may at its option invoke the following assessment in lieu of declaring the Contractor in default. a. Missed Area Collection The City will investigate all reports of mussed area collections. For the purposes of this section, an "area muss" or "missed area" means missed collection of one or more consecutive Dwelling Units. If the missed collection is verified, the City will notify the Contractor of the date and area in which the missed collection occurred. The Contractor will have eight (8) hours, after receipt of the City's notification, to pick up the missed collection. If the Contractor fails to pick up the missed area collection, the City will provide the service and charge the Contractor as specified in Section 18. The Contractor may present mitigating circumstances to the City. However, the City's decision on whether or not a missed area collection occurred and the extent of the miss shall be final. If the Contractor notifies the City of an area for which collection is not possible on the regularly scheduled collection day at least two hours in advance of close of business for that day, a collection waiver may be issued. Alternative collection arrangements, will be specified on the waiver and it shall be signed by persons specifically designated for this purpose representing both the Contractor and the City. The Contractor will be given a 30-day grace period from the commencement of this Contract to October 1. 1995 during which misses will be noted but no assessment invoked. Repetitive mussed area collections will be just cause for termination of contract. b. Route Order �. The Contractor shall collect the Solid Waste in the order specified on the route provided to the City. The assessment for collecting that Solid Waste in arty other order without notifying the City and the affected citizens before the change shall be $500 for each occurrence. In the event it is necessary to make minor adjustments due to temporary situations which will be resolved before the end of that collection day, notification is not necessary. For example, if a utility crew is working in one block of an alley and will be finished within an hour or two, the Contractor shall return to that location later in the day to make that collection. If the collection is completed that r 5 Contract #13a44, Solid Waste Collection Service, District 3 Addendum #7 day, no notification is necessary. The intent of this condition is to prohibit execution of a route in reverse or partial reverse order. C. Uncontained Collection Uncontained Collection services should be completed within 3 days of notification by customer or City of Lubbock personnel of the need for non -containerized waste collection. In addition, non - containerized waste should be collected when it interferes with the pick up of the container or the path down the alley. 13. HOLIDAYS The City observes the following legal holidays: New Year's Day Martin Luther King Day Good Friday Memorial Day July 4th Labor Day Thanksgiving Day Christmas Day When a holiday falls on Sunday, it shall be observed on the following Monday; when a holiday falls on a Saturday, it shall be observed on the preceding Friday. The Contractor is required to observe the listed holidays as non -collection days. In the event a holiday falls on a scheduled collection day, Dwelling Units will be serviced on the next working day to insure twice a week collection. Collection interval restrictions will not apply during weeks with holidays. 14. PROGRAM INDOCTRINATION a The Contractor acknowledges that collection of Solid Waste is an integral part of a continuing city service to which the citizens are accustomed. Therefore, the Contractor shall cooperate with the City and its citizens in carrying out the basic task of collection of all Solid Waste preparation. The Contractor shall notify the City of the customer's repeated or gross mistakes. b. The Contractor shall make every reasonable effort to serve the customers regardless of errors in customer Solid Waste preparation. The Contractor shall notify the City of the customer's repeated or gross mistakes. C. The City shall cooperate and encourage the customer to comply with regulations by providing instructions, public relations, educational materials both general and specific. The City shall also make personal contacts with violators as the need arises or as requested by the Contractor. 15. EMPLOYEES: CHARACTER OF WORKERS: WORK a. All Subcontractors, superintendents, foreman and workers employed by the Contractor shall be competent and careful workers, skilled in their respective trades. The Contractor shall not employ on this Contract any person who repeatedly engages in misconduct or is incompetent or negligent in the due and proper performance of his or 6 Contma 913044, solid waste Collection Service, District 3 Addendum ill *" 1 her duties. The Contractor shall furnish such supervision, labor and equipment as is considered necessary for the fulfillment of the Work in an acceptable manner at a satisfactory rate of progress. b. The Contractor shall prolubit the use of intoxicating substances by its drivers and crew members while on duty or in the course of performing their duties under this Contract- C . The Contractor's employees shall be required to wear a clean uniform bearing the Contractor's name. ' The color of the uniform shall be other than that of City employees. Employees who normally and regularly come into direct contact with the public, including drivers, shall bear some means of individual identification such as a name tag or identification card. d. Employees driving the Contractor's vehicles shall at all times possess and carry a valid Commercial Driver's License of the class appropriate to the weight of the vehicle being driven issued by the State of Texas. C. The Contractor's employees, officers, and agents shall, at no time, be allowed to identify themselves or in any way represent themselves as being employees of the City. 16. ACCIDENTS a. As between the City and the Contractor, the Contractor shall retain hill responsibility for all claims of damage to private property. However, the Contractor shall promptly notify the City in writing of all such claims and the City may require a written explanation of the circumstances, results of any investigation and disposition of the claim. The Contractor shall notify the citizen within three (3) working days in writing of the disposition of the claim. If the Contractor assumes responsibility for the damages, the notification shall include a date by which remedial action mill be completed. If the j Contractor assumes responsibility for the damages, the notification shall include a date { by which remedial action will be completed. If the Contractor denies responsibility for the damages, the written notification must include options available to the citizen to r" appeal the decision. These options may be internal appeals within the Contractor's organization or external legal remedies. The requirements of this paragraph do not apply to vehicular accidents occurring on public roadways. b. The Contractor shall promptly notify by telephone the City's designated contact person of all vehicular accidents occurring on public roadways in which there is personal injury or a fatality. The Contractor shall provide the City a written monthly report on all vehicular accidents. Contract #13044, Solid Waste Collection service, District 3 Addendum #7 17. PUBLIC CONVENIENCE AND SAFETY The Contractor shall handle the Work in a manner that will cause the least inconvenience or annoyance to the general public and to property owners. Whenever the Contractor's operation create a condition hazardous to traffic or to the public, the Contractor shall furnish, erect, and maintain such fences, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public. Any barricades, lights, signs or other devices erected must conform to the requirements stated in the "Traffic Barricade Manual" published by the Traffic Engineering Department of the City. 18. CITIZEN COMPLAINTS a. The City shall be responsible for receiving citizen inquiries, requests for service, and complaints related to service in the designated area. b. The City shall keep a record of the total number of calls received related to the area of service by the contractor under this Contract In addition, the City shall keep a record of — each complaint call including the name, address and phone number of the complainant, date of occurrence, nature of occurrence and disposition. The City Solid Waste Department shall be responsible for notifying the Contractor within two hours from the time of receipt of complaint by the City. C. Upon receipt of a complaint, the Contractor shall investigate. If the complaint is a missed area collection, the Contractor shall provide the service within eight (8) hours of notification by the City. If the City provides the service after eight (8) hours, the Actual Cost for such Work shall be deducted from the payment due the Contractor. If the request is for Container repair service, the services shall be performed within three — business days. If the City makes the repairs after three business days, the Actual Cost for such Work shall be deducted from the payment due to the Contractor. The average number of repair requests which include wheels, lids etc. taken per week, is twenty-three _ (23). d. If the Contractor finds the complaint to be without merit, the Contractor shall notify the complainant of the finding and advise the resident at that time that if they wish to appeal the decision, they may call a City inspector at 767-2482. 19. DISPOSAL SITE a. Collected Solid Waste shall be transported by the Contractor only to approved Disposal Sites designated by the City from time to time. If the City designates a Disposal Site for ` use by the Contractor that is not being used by the Contractor at the time of designation, the Contractor may request and adjustment in the Bid price per month per Dwelling Unit No adjustment will be allowed for designated Disposal Sites which are not required to be used fdr a period of more than seven (7) days. The Contractor shall use the City of Lubbock Landfill or as otherwise designated by the City. Contractor must deliver all collected solid waste to the Disposal Site(s) selected and designated by the City. b. All loads entering the Disposal Sites will be weighed and charged the current gate fee. C. The Contractor shall follow all established rules and regulations when operating on any Disposal Site owned by the City. The Contractor's operators shall follow all given directions given by the Disposal Site spotter when delivering solid waste. C.on"d # 13044, Solid Waste Collection Service, Dishid 3 Addendum #7 20. KEEP LUBBOCK BEALTI')F'LJI. r" The City supports the goals and activities of Keep Lubbock Beautiful. The purpose of this organization is to generate an awareness of environmental aesthetics among the residents of the City. In order to support this goal, Solid Waste collection must be accomplished in a manner which contributes to a litter free environment. 21. EMERGENCY UNLOADING AND SPILLED WASTE �^ The City recognizes that an occasional emergency may require unloading a Solid Waste collection vehicle in the field and that material may be spilled from the collection vehicles. When this occurs, the material shall be recollected within 2 hours of the unloading. The area must be litter free after the re -collection. If the material is not re -collected in a timely manner the City may collect the material and withhold Actual Costs of this collection from the Contractor's payment for that month. 22. CONTACT a. Throughout the term of this Contract, the Contractor shall establish and maintain a local office and an authorized managing representative within the City. The Contractor shall furnish the City the name of the managing representative prior to commencing collection operations and shall notify the City if the managing representative is changed at any time. Request to the Contractor's representative shall always constitute a request to the Contractor. b. Contractor's local office shall have a responsible person in charge during the time period 7 a.m. to 6:00 p.m. from Monday through Friday with the exception of City holidays with the authority to make decisions relevant to operations under this Contract. In addition, an employee of the Contractor shall answer the phone to receive complaints r.. and inquiries from the City related to this Contract. All complaints shall be resolved in an expeditious manner within the following 24 hour period. C. The Contractor's managing representative shall serve as the contact person for dealings and communications with the Contractor. d. The City's contact person on operational issues shall be the Solid Waste Administrator, Solid Waste Department, or an authorized representative. The owner's representative k shall be the contact person in all matters pertaining to the performance of this Contract except as otherwise stated. Such authorization will be conveyed to the Contractor in writing. To the extent that these facilitate job performance, they will be encouraged. It is, however, recognized that daily operational communications will occur at all levels of ' staff. 23. PAYMENT a The City agrees to pay the Contractor in accordance with the amounts specified in the compensation portion of the Bid, a copy of which portion is attached to this Contract as Exhibit "D" and made a part hereof. b. The Bid period is designed to include full months of service from beginning to end of contract. Any eventuality requiring partial payment will be negotiated based on circumstances existing at the time. �'- 9 Contrad 913044, Solid Waste Collection Service, District 3 Addendum #7 24. a. b. C. The Contractor shall submit an invoice to the City within ten days of the 25th day of each month for services performed the previous month. The invoice shall be based on the number of Dwelling Units served. d. The City shall pay the Contractor within thirty days of receipt of the invoice. The City will not pay late fees on payments made after thirty days. The price paid shall be the Dwelling Unit price Bid for collection The City will deduct any assessments due from the payment due the Contractor. TAXES The Contractor shall pay all federal, state and local taxes which may be chargeable against the performance of the Work. As a municipal entity, the City pays only those taxes which are normally assessed municipal entities operating in the State of Texas. 25. PERMITS a. The Contractor shall obtain at its own expense, all permits and licenses required by law or ordinance and maintain same in full force and effect throughout the term of this Contract. The Contractor shall also pay all fees associated with permits and licenses required for the Work to be performed under this Contract. The permits and licenses required include, but not limited to, the following: (1).. City of Lubbock Trash Hauling Permit b. If the costs of the City Trash Hauling Permit listed in subparagraph a.(1). increase in any year more than 100% over the previous year, Contractor may request modification of the Dwelling Unit price of this Contract or direct reimbursement of the increased cost: 26. EMPLOYEE MEDICAL BENEFITS a. The Contractor shall, at all times during the term of this Contract, offer to its employees and their dependents continuous medical insurance coverage which is comparable to the medical insurance coverage presently offered by the City to its employees and their dependents. "Comparable" coverage means an insurance plan which has included coverage for all of the following: M. Hospitalization with at least eighty percent (SO%) coverage (in- and out- patient); (2). Doctor's visits with at least eighty percent (SO%) coverage; and (3). Prescription drug coverage. b. The Contractor represents that it has the required medical incnran0e coverage in effect on the effective date of this contract and will continue such insurance in effect for the term of this Contract. The Contractor further represents that it has furnished the City with a copy of its medical insurance coverage plan in effect on the effective date of this Contract. The Contractor shall promptly notify the City of any changes to its medical insurance coverage plan which reduces the medical benefits below those amounts prescribed in Subsection a. and provide the City with copies thereof. Failure of the 10 1 Contract #13044, Solid Waste Collection Service, District 3 Addendum k7 Contractor to comply with this Section shall be considered a material default and subject this Contract to termination by the City without any liability. 27. FORCE MAJEURE The parties shall not be liable for the failure to perform under this Contract if such failure is caused by a Force Majeure which means an Act of God, catastrophe, riot, war or accident unless caused by the negligence of the Contractor. In the event either party by reason of such a Force Majeure is rendered unable to perform its obligations, then the party claiming a Force Majeure shall be excused from performing its obligation affected by the Force Majeure, provided said party promptly gives the other party telephone notification followed by written notice of the particulars and estimated duration of said Force Majeure. The effects of said Force Majeure shall be remedied with all reasonable dispatch, and the party claiming Force Majeure shall use best efforts to eliminate and mitigate the consequences thereof. 28. CITY NOT LIABLE FOR DELAYS It is further expressly agreed that in no event shall the City be liable for or responsible to the Contractor, any Subcontractor or to any other person for or on account of any stoppage or delay in the Work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 29. CLAIMS P The Contractor shall pay all just claims due for the payment of all employees for labor that shall be performed, for the payment of all material and equipment furnished, and for the payment of material and equipment rental which is actually used or rented in the performance of this Contract. The Contractor shall furnish, upon request by the City, satisfactory evidence that all of said persons have been fully paid. a 30. DEFAULT a. It shall be an event of default if the Contractor fails to collect all the Solid Waste appropriate for collection that is presented for collection on the day it is presented. Upon the occurrence of such event of default, the Contractor will be in default if the Contractor fails to cure the event of default within 24 hours from its occurrence and the ,. City may take any of the following actions: ° M. At its option, take possession of and use all of the Contractor's equipment and facilities used in the performance of the Contract. (2). Employ such means as it may be deemed advisable and appropriate to continue work until the matter is resolved and the Contractor is again able to carry out operations tinder this Contract. (3). Deduct Actual Cost incurred by the City from any money then due or to become �. due the Contractor and, should the City's cost of continuing the operation exceed the amount due the Contractor, collect the amount due from the Contractor or Surety bond or letter of credit or any combination thereof and r also to assert a lien on all real and personal properties of the Contractor. (4). During such period the liability of the City to the Contractor for loss or damage to equipment and facilities so used shall be that of a bail for hire, ordinary fi wear and tear being specifically exempt from such liability. c Contract #13044, Solid Waste Collation Smite, District 3 Addendum #7 (5). The Contractor agrees that monetary damages are not an adequate remedy for the Contractor's failure to collect all the Solid Waste as required by this Contract, nor could monetary damages be the equivalent of the performance of such obligation and, accordingly, the Contractor hereby consents to legal proceedings seeking specific performance of such obligation of the Contractor in a court of competent jurisdiction within the State of Texas. — b. In the event the Contractor shall be adjudged bankrupt, either by voluntary or involuntary proceedings, then this Contract shall immediately terminate and in no event _ shall this Contract be, or be treated as, an asset of the Contractor after adjudication of bankruptcy. C. All terms, conditions and specifications of this Contract are considered material, and failure to perform any part of this Contract shall be an event of default. Upon the occurrence of such an event of default the Contractor will be in default if Contractor fails to perform any of its contractual obligations within the period of time as may be specified in this contract. If a period of time is not specified in this Contract within which an obligation must be performed, the Contractor will be in default if the Contractor fails to perform such obligation within seven days after written notice of such failure is delivered to the Contractor. Notwithstanding the foregoing, Contractor will be in immediate default if Contractor repeatedly fails to comply with any term, condition, or specification in this Contract. Upon default by Contractor or upon the immediate termination of this Contract as a result of bankruptcy, the City shall have the right to: (1). Terminate this Contract immediately upon written notice to Contractor. In the case of bankruptcy this Contract shall immediately terminate without written notice. (2). Forthwith take possession of all the Contractor's equipment, facilities and records used in the performance of this Contract. (a). The City shall have the right to retain possession of said equipment, facilities and records until other such items can be acquired by the City for operation of the system or another Contractor is engaged to perform this service. (b). The City shall have the right at its option to purchase Contractor's + equipment and facilities at the then fair market value thereof. (c). The City shall pay the Contractor the reasonable rental value of such equipment and facilities during the time the same are used by the City should the City elect not to purchase. Liability of the City to the Coitractor during this period shall be that of a bailee for hire, ordinary wear and tear specifically exempt from such liability. (3). Call or draw of Contractor's performance Surety or letter of credit in such amounts as shall be reasonable to compensate the City for any costs and or expenses incurred or to be incurred as a result of the default. (4). Take such action and exercise such rights as the City may have at law or in " equity, including, without limitation, the right to seek injunctive relief and specific performance of Contractor's obligations under this Contract.. All rights and remedies of the City shall be cumulative and the exercise of any right or -- 12 �-w r Contract #13044, Solid waste Collection service, District 3 Addendum #7 b rem shall not be deemed waiver, relinquishment or abandonment of �y qm any other right or remedy. 31. REPRESENTATIONS OF CONTRACTOR r. The Contractor represents to the City that (i) it has inspected the operational aspects of the Landfill and is familiar with the area of the City to be served under this Contract; (ii) it is qualified by experience, adequate financing, and equipment to perform the Work required of this Contract; and (iii) it is in compliance with all federal, state, and local laws, ordinances and regulations pertaining to the Work or equipment used in the Work, or which in any way affects the conduct of the Work. 32. ASSIGNING OR SUBLETTING THE CONTRACT The Contractor shall not assign this Contract or any portion thereof or delegate any of the Contractor's rights or duties thereunder. 33. MODIFICATION a This Contract shall not be modified, altered, changed or amended in any respect unless in a written amendment signed by both parties hereto. b. On May 11,1996, and on each anniversary thereafter during the farm hereof; this Contract shall be reviewed and the Dwelling Unit price adjusted to conform with any l l increase or decrease in the United States Department of Labor, Bureau of Statistics, Washington, D.C. Consumer Price Index for all Urban consumers. This change will become effective the following year. C. If a change in specifications is required by the City which materially differ from those indicated in this Contract and would cause an increase in the Contractor's Bid cost of accomplishing the Work, new Dwelling Unit Bid prices or a lump sum cost may be negotiated. If the parties are unable to reach an agreement on price, the City Auditor will perform an audit of the Contractor's records to verify the Acttml Cost of the incremental increase. The City will set the new Dwelling Unit price or lump sum payment based on this review. d. If the direct operating expenses for sanitation collection services by the contractor exceed the expense for the prior year by more than the CPI for one year, the Contractor may request a review of costs. This request will be forwarded to the City Purchasing Department and the review will be performed by the City Auditor's Office. e. If expenses in special categories outside the control of the Contractor have increased disproportionately, the Contractor shall present documentation to the City to justify a proposed payment increase. Such an increase will be proposed to the City Council who shall have the discretion to approve or disapprove the increase. 34. CONTRACTS ADMINISTRATION The Contractor shall contact the Solid Waste Department Superintendent for guidance or direction in matters of Contract interpretation or problems regarding the terns, conditions, or scope of the Contract. 13 Contract #13044, Solid Waste Collection Service, District 3 Addendum #7 35. COMPLIANCE WITH LAWS The Contractor shall comply with all applicable federal and state laws, ordinances, orders, regulations and codes of the State, County or City and governments including all provisions of City of Lubbock Ordinances and subsequent amendments. The Lubbock City Code, "Solid Waste" is the authority by which the Solid Waste collection and disposal program is to be operated. The Contractor shall comply with said code, as amended from time to time or as superseded. 36. AFFIR?AAM ACTION REQUIREMENTS E a. The Contractor shall comply with Lubbock City Code, and submit the following reports to the City of Lubbock Personnel Department (the "Department"): (1). Lubbock Employer Information Report or the most current Federal EEO-1 Report. (2). An equal employment questionnaire. (3). An affirmative action plan. Any questions regarding affirmative action requirements should be directed to the Director of Human Resources of the Department at (806) 767-2315. b. If the Contractor has less than 15 employees, the Contractor shall comply with this Section by submitting a certificate on a report form prescribed by the Department. C. The Contractor acknowledges that the reports specified in Sections a. and b. are completed accurately and on file with the City. d. In order to maintain ongoing eligibility for City business, the Contractor shall submit on an annual basis, the reports required under this Section not later than 12 months from the date of the Contractor's latest filing of record as determined by the Department. e. Failure of the Contractor to maintain eligibility during the full term of this Contract shall be cause to initiate those sanctions allowed by law including, but not limited to, cancellation, termination or suspension of this Contract. f. The Contractor shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, gender, national origin, age or disability nor otherwise commit an unfair employment practice. The Contractor shall take affirmative action to ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, gender or national origin, age or disability. Such action shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship, as well as all labor organizations furnishing skilled, unskilled and union labor, or services in connection with the Contract. g. The Contractor is further required to make good faith efforts to carry out the commitment reflected in its affirmative action plan. 14 Contract #13044, Solid Waste Collection Service, Diet 3 Addendum N7 '0." h. The Contractor may be required to provide additional documentation to the City affirming that a nondiscriminatory employment policy is being utilized. i. Should the Contractor encounter difficulty in achieving the results projected in its i affirmative action plan, it may receive technical assistance from the City upon request. j. The City will monitor the employment policies and practices of the Contractor subject to this Section as deemed necessary. The Contractor authorizes the Department to conduct on -site compliance reviews which may include an audit of personnel and payroll records, if deemed appropriate. 37. COMPLIANCE WITH THE PVMGRATION REFORM AND CONTROL ACT OF 1986 The Contractor understands and acknowledges the applicability of the Immigration Reform and Control Act of 1986 (IRCA). The Contractor agrees to comply with the IRCA in performing under this Contract and to permit City inspection of the Contractor's personnel records to verify such compliance. 38. COVENANT AGAINST CONTINGENT FEES The Contractor warrants and represents that no person has been employed or retained to solicit or a ' secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee; and that, to the best of the Contractor's knowledge, no member of w the City Council or any employee of the City has arty interest, financially or otherwise, in the Contractor's business. For breach or violation of this warranty and representation, the City shall have the right to terminate this Contract without liability, or at its discretion to deduct from the Contract price or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 39. TRANSACTIONAL CONFLICTS OF INTEREST The Contractor acknowledges that this Contract is subject to cancellation by the City pursuant to the provisions of Section 252, Texas Local Government Code. 40. GOVERNING LAW: FORUM: VENUE This Contract shall be governed by and construed in accordance with the laws of the State of Texas. In the event of any litigation between the parties arising out of this Contract or any other agreement or instrument executed in connection with this Contract, such litigation shall be brought only in state or federal courts of Texas. The prevailing party in any such litigation shall POW be entitled to its reasonable attorney's fees and court costs incurred in such litigation. 41. ENTIRE AGREEMENT f. a. This Contract constitutes the entire agree !^" agreement between the parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous agreements .. or understandings, whether written or oral with respect to the subject matter hereof. E b. No verbal agreement or conversation with any officer, agent, or employee of the City either before or after execution of the Contract, shall affect or modify any of the terms or obligations contained in the Contract. Any such verbal agreement or conversation shall ' be considered as unofficial information and in no way binding upon the City or the Contractor. r, 15 Contract #13044, Solid Waste Collation Servioe, District 3 Addendum Ill 42. NO T MD PARTY BENEFICIARY Nothing contained in this Contract is intended to benefit or confer any rights on any person or entity not a party to this Contract, and no such other person or entity shall have any right or cause of action hereunder. 43. WAIVER Failure of arty party to exercise any right or remedy arising out of a breach of this Contract by the other party shall not be deemed a waiver of any right or remedy with respect to any subsequent or different breach, or the continuance of any existing breach. 44. CONSTRUCTION This Contract is intended to express the mutual intent of the parties and, irrespective of the identity of the party preparing this Contract or any document or instrument referred to herein, no rule of strict construction against the party preparing a document shall be applied. 45. FUND APPROPRIATION CONTINGENCY The Contractor recognizes that the continuation of this Contract after the close of any given fiscal year of the City, which fiscal years end on September 30 of each year, shall be subject to the approval of the budgets of the City providing for or covering such Contract item as an expenditure therein. The City does not represent the said budget item will be actually adopted, - said determination being the determination of the City Council at the time of the adoption of the budget. 46. DESCRIPTION OF WORK a. For the consideration hereinafter agreed to be paid to Contractor by the City, Contractor shall provide solid waste collection services in the City and County of Lubbock, Texas, hereinafter called the "Services." The Services are to be performed in a good and workmanlike manner and to conform in every respect to the following documents: M. City's Request for Quotation No. 13044; (2). City's Specifications for the Services; and (3). Contractor's Bid. b. All of the documents referred to in Subsection a. of this Section 46 are made a part —' hereof for all purposes as though each were written word for word herein; provided, however, that in case of conflict in the language of Request For Quotation #13044, Specifications, the Bid, and this Contract, the terms and conditions of this Contract shall be final and binding on both parties hereto, and City's Specifications shall control where they conflict with the Bid. Contractor and City further agree that should any dispute or questions arise respecting the true construction or meaning of these documents, the same shall be decided by City and such decision shall be binding and conclusive upon Contractor. 47. TERMINATION OF CONTRACT BY CONTRACTOR The Contractor may terminate this Contract by providing the City not less than ninety (90) days written notice. 16 ma Contract #13044. Solid Waste Collection Service, District 3 Addendum 67 EXECUTED this the I f �` day of 19.JS by the City, signing by and through its Mayor, duly authorized execute same by Resolution No. 4 9 3 "1 . passed by the city Council on a I i . 19_�and by Contractor. r�t",L t TtName Type Title 17 Contract #13044, Solid Waste Collation Se &e. Disttict 3 Addendum #7 E GMIT"A" CONTABMD COLLECTION SPECIFICATIONS 1. Scope of Work - It is the purpose of the specifications to provide a framework for accomplishing the tasks which result in maintaining a sanitary environment for the residents of the City of Lubbock This section addresses the collection of contained Solid Waste. The intent of the Work is to collect all contained Solid Waste placed for collection each day. 2. Materials to be Collected - The Contractor shall furnish all labor, supervision, materials, permits, licenses, and equipment necessary to provide mechanized contained Solid Waste collection for occupants of specified Dwelling Units within the designated sector of the City of Lubbock, Texas, as follows: a. All Solid Waste placed on streets or easements for collection in Containers provided by r -� the City. b. All Solid Waste placed in alleys or easements for collection in Containers prodded by the City. C. The Contractor will be required to collect metal bin type Containers. d. The Contractor may on occasion be required by the City or because it is placed out by customer, to collect Solid Waste placed for collection in bags or boxes. These collections will be in special emergency situations and for periods of short duration. They usually occur when construction or emergency repairs to utilities block access to the usual location of Containers. C. Provide collection services for up to twelve special events each year identified by the Solid Waste Contracts Administrator. These events may include parades, marches, large gatherings, marathons, or other such public events. The history of special events from the past three yt= has shown that no special events have been held in District 3. Events that have been held have been handled with Containers already in place. 3. Containers - The City will provide both the initial container and any replacement Containers to residents to be served. Residents may share 1.5 or 3 cubic yard Containers or have individual Containers. Residences served by 1.5 or 3 cubic yard Containers shall share Containers. An average of approximately 4 residences are served by each 3 cubic yard Container. The City may distribute Containers of other sizes. However, all such Containers will be compatible with the collection equipment necessary to collect 1.5 or 3 cubic yard Containers. The number of Containers distributed shall be solely the decision of the City. 18 Conumd #13044, Solid Waste Collection Sen ioe, District 3 Addendum #7 The City maintains an inspection force in each district which has, among other responsibilities, the task of maintaining an accurate Dwelling Unit count. They are responsible for determining Dwelling Count increases as well as decreases due to maveouts, move -ins, new construction, etc. r Actual Dwelling Unit count will be based on their determination 4. Service Frequency - the Contractor shall provide regularly scheduled twice Weekly Contained Collection service to each residence. If the Contractor anticipates a situation. which will result in failure to provide twice weekly collection, the Solid Waste Administrator must be notified. The City may, when so notified, provide the service and deduct the Actual Cost of the service provided from payments owed to the Contractor. 5. Schedules, Routes and Literature a. The Contractor shall submit detailed route maps to the City by August 1.1995. The routes will be documented on detailed route maps which show the area to be collected, the starting point for collection, and the exact direction of travel and order of travel of streets and alleys to be collected. The days of collection will be specified. The City will notify the Contractor of required changes not less than ten (10) days prior to the start of services. b. The City is currently running collections in District 3 on four (4) days per week. Containers are collected twice a week on a Monday/Thursday and'IVesday/Friday collection schedule. District 3 is boundaried by Quaker Avenue from 19th Street to South Loop 289 eastbound feeder street, South Loop 289 eastbound feeder street from Quaker Avenue to Indiana Avenue, Indiana Avenue from South Loop 289 eastbound feeder street to 82nd Street, 82nd Street from Indiana Avenue to Quaker Avenue, Quaker Avenue from 82nd Street to 105th Street, 105th Street from Quaker Avenue to Joliet, Joliet from 105th Street to 110th Street, 110th Street from Joliet to Indiana Avenue, Indiana Avenue from 110th Street to 105th Street, 105th Street from Indiana to Boston, Boston from 105th Street to 114th Street, 114th Street from Boston to University Avenue, University Avenue from 114th Street to 19th Street, and 19th Street from University Avenue to Quaker Avenue. d. The Landfill averages four (4) trips per day (assuming 9 routes), per route on Monday and Tuesday and three (3) trips per day(ass ming 9 routes), per route on Thursday and Friday. e. All routes must be run in order because the Contractor must meet t11e same requirements as other City of Lubbock districts. Route maps are also used by the City to document and monitor area to be collected in order to provide service to the public. f. Ay subsequent changes of routing must be submitted to the City prior to implementation. All such changed routes must be documented in the same detail as the original maps supplied by the Contractor. Contractor shall contact Solid Waste Administrator when arranging for trucks to follow existing routes. g. Not less than two weeks prior to implementing any change in routes or collection schedules which alters the day of collection, the Contractor must notify each customer affected. Notice shall be made in writing to each individual customer. Notification by notice attached to the Container is not authorized. 5. Collection Vehicles - The Contractor shall provide and maintain during the entire period of this Contract a fleet of mechanized Solid Waste collection vehicles sufficient in number and capacity I �, 19 Contract#13044, Solid Waste Collection Service, District 3 Addendum #7 to perform the Work required by this Contract. The fleet must be sufficient to handle the special requirements of adverse weather, holiday overloads and water flow including bridge closures or blocked washes. The Contractor's vehicles and other equipment must be clearly identified with the name and phone number of the company's local office on each side of the equipment. Letters and numbers shall be at least six inches high and of proportionate width. This identification shall be affixed to each vehicle and piece of equipment. All vehicles must be kept clean, in sanitary condition, good repair and meet community standards of appearance at all times. The City shall be the sole judge of community standards of appearance. The noise level for the collection vehicles during the stationary compaction process shall not exceed seventy-five (75) decibels at a distance of twenty-five (25) feet from the collection vehicle and at an elevation of five (5) feet from the horizontal base plane of such vehicle. The Contractor shall supply the Solid Waste Administrator with a list of all equipment to be used in fulfilling this Contract and shall notify the City of additions or deletions as they occur. 6. Care and Diligence - The Contractor shall exercise all reasonable care and diligence in collecting Solid Waste. Every effort must be made to prevent spilling, scattering or dropping Solid Waste during the Collection process. However, in the event that solid Waste is spilled, scattered or dropped, the operator shall immediately clean up the material, place it in the Container and dump the Container. Containers must be replaced in an upright position. If the Container falls over, the operator must immediately reset the Container. The Contractor acknowledges that Solid Waste collection easements are frequently co -located with other utility easements. Therefore, particular attention must be given to the location of water meters, transformers, guy wires, utility poles and irrigation structures. Authorization to use the easement does not abrogate the Contractor's responsibility to exercise caution in relationship to the property of other authorized users. 7. Emergency Plan - By August 1.1995, the Contractor shall submit an emergency plan to the Solid Waste Contracts Administrator which shall detail those actions which the Contractor will take to deal with emergency situations such as fire, strike or natural disaster which would require a deviation from normal operating procedures. The Emergency Plan shall also include emergency phone numbers for the key staff of the Contractor both local and corporate or regional Headquarters. In addition, the Contractor shall submit with the plan an emergency price list for Libor and equipment. The City will provide the Contractor with such a price list for City services. 8. Place of Collection - Normal collection points for residential Solid Waste shall be in alleys accessible to mechanized Solid Waste collection equipment. The Contractor shall continue carry -out services for those individuals who are unable to place their Solid Waste for collection in the usual manner due to severe physical handicap. A current list of such locations will be provided to the Contractor one week prior to the date the Contractor starts service. The Contractor shall not receive special payment for this service. New requests for carry out service received by the Contractor shall be referred to the Inspections Supervisor for investigation. If approved for this service, the City will notify the contractor to start the service on the next regularly scheduled collection day. 20 C Conhact k13044, Solid Waste Collection Savior, District 3 Addendum M7 Once a year the City will re -confirm the need for the special service. However, if the Contractor has reason to believe the service is no longer required, the Contractor shall notify the Inspections Supervisor. The City will notify the contractor if the service is to be continued or discontinued. 9. Non -Residential Collections - The Contractor shall provide Solid Waste collection service to specifically designated non-residential locations. These may include but are not limited to fire station, Schools, parks and Public Buildings. Each non-residential unit shall be counted by the number of stops. 10. TPOE OF COLLECTION AND HOURS OF LANDFILL The Contractor shall not start Solid Waste collection prior to 7:00 a.m., nor continue collections after 6:00 p.m. In an emergency, the Contractor may request authorization from the Solid Waste Administrator to Work outside of these times. 11. Collection Impediments - The Contractor shall provide regularly scheduled twice a week Solid Waste collection service to each residence in the designated area. A number of collection impediments may require special effort to accomplish this level of service. If this special effort requires the distribution of Containers, it shall be the responsibility of the Contractor to distribute them. a. Rain Some alleys became impassable during periods of heavy or prolonged rain. When the Contractor determines that collection vehicles can no longer provide service in the alley, the following steps shall be taken: t M. Notify the Administrator giving location of impassable alley. Specify if grading is required. (2). Notify the Administrator when alley is returned to service. Contractor shall return Containers if applicable. (3). Notify the residents of the date that collection service will again be delivered in the alley location. b. Infrastructure Renovation Periodically, major renovation is necessary to maintain the infrastructure of the City. This includes such activities as replacing gas, water and sewer lines, surfacing or resurfacing streets, and replacing wiring for telephone, electricity, or cable T.V. If the Solid Waste Management Division is notified in advance of these activities, the Solid Waste Management Division will notify the Contractor. However, it is not uncommon for Work to be initiated without prior notification. Alternate sanitation service must be provided during this period of disruption. Each circumstance must be evaluated individually to determine the appropriate alternative. The Inspections supervisor shall be notified of the nature of the disruption, its location, and the alternative employed to provide service. rC. Alley Blocked by Solid Waste When material is placed in the alley in such a way that the collection vehicle cannot proceed down the alley, the Contractor shall remove the material blocking the alley and collect the Solid Waste as scheduled at no extra charge to the City. C r 21 r Contract #13044, Solid Waste Collection Service, District 3 Addendum #7 d. Alley Blocked by Illegally Parked Vehicle If an alley is blocked by an illegally parked vehicle, the Contractor shall notify the police and the City of Lubbock Solid Waste Department When the alley is clear, collection should proceed. If necessary, collection shall be provided by approaching from the opposite end of the alley. 22 r-� i Contract # 13044, Solid Waste Colloction Savice, District 3 Addendum #7 E)MMI T "B" UNCONTAIA]ED COLLECTION SPECIFICATIONS Scope of Work - The Contractor shall provide Neighborhood Association Cleanups on a one per year per association basis (currently 3 neighborhood associations in District 3). Uncontained solid waste that is placed in alleys should be collected by the Contractor on an needed basis to insure that the uncontained waste is not interfering with operations or the placement of the containers. In addition, Contractor should provide collection of uncontained waste when citizens in District 3 or City of Lubbock representatives report the need for the collection of uncontained items. The collection of these uncontained items should be competed within 3 working days of notification by the citizen or City of Lubbock Representative. 2. Materials to be Collected - The Contractor shall furnish all labor, supervision, materials, permits, licenses, and equipment necessary to provide uncontained trash collection for occupants of specified Dwelling Units within the designated area of the City of Lubbock as follows: a. The Contractor shall collect all Christmas trees placed for collection during regularly scheduled pick-ups. There is no special pick-up required. b. The Contractor shall collect, upon request, all furniture, large appliances, rugs and'other items of household usage too large for placement in Containers. C. The Contractor shall collect all tumbleweeds placed for collection. d. The Contractor shall collect all yard Solid Waste such as tree limbs cut to four foot lengths, tree trunks of fifteen inches or less diameter, root balls, shrubs, trimmings and clippings as placed for collection. Contractor may refuse to pick-up illegal uncontained matter if inspections personnel concur that the material is illegal per City Code. C. The Contractor shall not collect material resulting from the operation of any business or commercial endeavor including businesses conducted from or in a residential Dwelling Unit. f. The Contractor shall not collect construction material resulting from the construction or demolition of buildings. However small amounts of material such as result from do-it- yourself projects including but not limited to sheet metal, pipe and lumber, shall be collected. The intent of this paragraph is to provide service if at all possible. g. The Contractor shall be required to collect bin type Containers. h. The City will collect material illegally dumped in unpopulated areas, The determination of the material's status as illegal will be made by the inspections personnel assigned to the District 3. 23 Cartract #13044, Solid Waste Collection Service, District 3 Addendum #7 The Contractor shall not be required to collect hazardous waste. Contractor shall notify Solid Waste Inspections Administrator if such material is found. Service Enuenev - Uncontained Collection service shall be scheduled as needed to insure safe and efficient operations or as requested by the City and customers. 4. Collection Vehicles - The Contractor shall provide and maintain a fleet of vehicles and equipment sufficient in number and capacity to perform the Work under this Contract. The vehicles must contain the Solid Waste so that no material is spilled, leaked, or blown from the — vehicle during its transit to the disposal Site. Open bed vehicles must be tarped. Care must be taken in selecting the loading equipment to insure it does not result in damage to asphalt streets or dirt alleys at any time. 5. Care and Dili ence - The Contractor shall exercise all reasonable care and diligence in collecting Solid Waste. All materials placed for collection must be collected without damage to lawns or creating litter. This may require hand raking. It shall be further noted that Solid Waste collection easements are frequently co -located with other utility easements. Particular attention must be given to the location of water meters, transformers, guy wires, cable television structures, utility poles and irrigation structures. Authorization to use the easement does not abrogate the Contractor's responsibility to exercise caution in relationship to the property of other authorized users. Contractor shall be responsible for damage to any such equipment and or structures. 6. Place of Collection - Normal collection points for residential Solid Waste shall be curbside or in alleys outside enclosures or fences. In some cases the uncontained material is collected in alleys — which are not used for Contained Collection. A list of these locations will be supplied to the Contractor. 7. Non -Residential Collections - The Contractor shall provide Solid Waste collection service to specifically designated non-residential locations. These may include but are not limited to fire stations, Schools, parks and Public Buildings. Each non-residential unit shall be counted by the number of stops. The Contractor shall not serve any non-residential units with the equipment used for collections under this Contract except those specifically designated. S. Time of Collection - The Contractor shall not start Solid Waste collection prior to 7:00 a.m. nor continue collections after 6:00 p.m. without the prior notification and consent of the Solid Waste Superintendent. 9. Special Services - The Contractor shall be responsible for providing all services necessary for — public Solid Waste collection. Special services will be reimbursed at special rates. Possible events which may trigger these requests are major storms which block streets with vegetation or fire loads dumped by vehicles other than the Contractor. 10. Completed Work - It is the Contractor's responsibility to supervise the Work in progress and to provide direction to employees in the field. While City employees may suggest possible solutions to problems or unusual situations, the Contractor retains the responsibility for collecting the Solid Waste. The Contractor may request occasional consultations prior to the completion of the Work. When the Contractor reports the Work completed, an Inspector will promptly check the Work and notify the Contractor of the results of that check. If the Inspector records deficiencies which must be corrected, the Contractor shall notify the City when these deficiencies have been �- corrected. The Inspector will again check the Work. If the Inspector finds that the deficiencies previously noted were not corrected, a charge of current inspector time at the work order rate for 24 Contract K13044, Solid Waste Collection Savice, District 3 Addendum #7 the Inspector's time will be deducted from the payment to the Contractor. If the deficiencies have been corrected, no charge will be made. Repeat inspections will be made by the City until the Work is determined by the City to be complete. 25 Number 4 1 1 VARIOUS Contract 413044, Solid Waste Collection Savice, District 3 Addendum #7 EMMIT "C" CITY OF LUBBOCK RFQ #13044 SOLID WASTE COLLECTION SERVICE List of Proposed Equipment bNe 34 YD PAK-MOR SIDE -LOADER TRUCKS 1 TON PICKUP W/TRAILER b HOIST ROLL -OFF TRUCK OPEN TOP CONTAINERS r" RFQ 113044, Solid Waste Collection Service, District3 Addendum V ,,.. DID FOR EEXHIBIT RESIDENTIAL REFUSE COLLECTION SERVICE, DISTRICT 3 CM OF LUBBOCV, TEXAS RFQ M13044 BIDDER'S submittal to the Purchasing Manager of the City of Lubbock, Texas- In compliance with the Request for Quotation # I3044, the undersigned Bidder having examined the Contract site of work. and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment. labor and everything necessary for the completion of the Kole listed and agrees to exeart the Contract and furnish the required bands and oertifiates of insurance for the completion of said work, at the locations and for the prices sd forth on the inside pages of this form. Bidder understands that the bid shall be submitted with a Bid guarantee of cash, ce of ied chock, cashier's check or surety bond in an amount not less than five percent (S :6) of the Total Bid Bidder agrees Out upon receipts of Notice of Award from the C' f-Lubbock, the Bidder will execute the Contract doau c s. The y aeknowl ipt of and a is based on t wing W3 - tU4 RS tY6 G7 �F BID SCHEDULE ITEM QTY DESCRIPTION UNIT MEASURE UNIT PRICE EXTENDED BID COST 1. 13,905 Contained and Uncontained Collodiorn Per Dwelling Unit per S S Month S• Z2.-- .72, se .%O 2. I3,905 Contained and Uncontained Collection, with Per Dwelling Unit per S Right of First Refusal Employment Month I si 2i7.- 72, .5,0,V.10 PAYMENT TERMS Biddcr oilers a prompt payment discount of fJ % PROXIMO or calendar days, to apply after receipt of invoice or final acceptance of the services provided, whichever is later. If no prompt payment discount is offered, enter 0 in the % space to indicate Net 30 days, otherwise payment terms shall be Net 30 days and will be eauidered in the bid evaluation process THIS BID IS SUBMITTED BY Adow.v/eI& ,j�/J t-10117111411A1 a corporation organized under the laws ofthe State of ��/- A w a i1 , a partnership consisting of _ or individual trading as of the City of ResNc fully submitted, Firm: N.L1li f-7/I/�-r t / .✓�� e7 D T—s % Address: . !' 3��c, City: �/ -' !< .- State: d X zip Pft i AU%N'BE Firm: Woman Black American Native American His; a c American Asian Pacific American Other (Specify) I By Ll;- 3- f 3 -3 `9' Authorized Representative - must sign by hand Officer and Tide: L (%Ai✓ UC/G. /C . - ff L /,_ ) Business Telephone Number < fo& 7toy '74 Z' — f 7 17 r i CITY OF LUBBOCK PURCHAMG DF.PARThUM P.O. BOX 2000 UMBOCK,TEXAS 7W7 (806)767-2167 Gentlemen: March 1,1995 REQUEST FOR QUOTATION RFQ #13044 SOLID WASTE COLLECTION SERVICE DISTRICT 3 Please QUOTE the following not later than 2:00 p.m., March 14, 1995: I. INSTRUCTIONS TO BIDDERS 1.0 BID DELIVERY, TIME & DATE 1.1 The City of Lubbock will receive written and sealed bids to furnish all labor, equipment, materials, tools, insurance, supervision, and all other items incidental thereto and to perform all work necessary and specified in the prescribed manner and time, to provide all residential SOLID WASTE COLLECTION SERVICE in District 3 of the City of Lubbock per the attached specifications. Sealed bids will be received until 2:00 p.m.. CST. Tuesday. March 14. 1995, at the office listed below at which time they will be opened and read aloud. Bids received after that date and time will not be opened. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand comer: "RFQ #13044, SOLID WASTE COLLECTION SERVICE" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. r— 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private P i courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Any bid received after the date and hour F, specified will be rejected and returned unopened to the bidder. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2.0 BID COPIES ,.� 2.1 Each bid is to be submitted in three (3) copies by the date and time indicated. Additional copies may be requested by the City of Lubbock if deemed necessary. Each bidder may submit more RFQ #13044, Solid Waste Collection Service, District 3 Addendwn #7 than one bid as long as each bid is complete. Each bid received from a bidder will be considered on its own merits. 2.2 All bids must be submitted on this form and the attached specification sheets. Bidder shall state in spaces provided the brand and delivery schedule he/she can provide (if applicable). The payment terms are to be Net 30 unless a discount is offered. The Bidder must sign in the space provided. 3.0 BID PACKET ADDENDA & MODIFICATIONS 3.1 Any bidder in doubt as to the true meaning of any part of the specifications or other contract documents may request an interpretation thereof from the Purchasing Manager. At the request of the bidder, or in the event the Purchasing Manager deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Manager. Such addendum issued by the Purchasing Manager will be sent to all bidders receiving the original bid and will become part of the bid package having the same binding effect as pro -visions of the original bid. No verbal explanations or interpretations will be binding. In order to have a " request for interpretation considered, the Bidder must submit a written request to the Purchasing Manager not less than ten (10) days after the pre -bid conference. 3.2 The City does not assume responsibility for the receipt of any addendum sent to bidders. 3.3 A copy of Addendum V, including RFQ and Contract attached to the same, and all subsequent addenda issued must be returned with your completed and signed bid form. 4.0 BID PREPARATION COSTS 4.1 Issuance of this Request for Quotation (RFQ) does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 4.2 The issuance of this bid does not obligate the City of Lubbock to enter into contract for any services or equipment. 4.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 5.0 PROPRIETARY INFORMATION 5.1 If you consider any portion of your bid to be confidential information and that disclosure of its contents to competing bidders would be detrimental to your company, identify clearly those portions. The identified portions will be protected from disclosure to the extent possible under the law. 5.2 Bidders will not be provided copies or viewing of the detailed bid responses prior to award of the contract. After the award'of the contract, complete bid documentation (except for those portions classified as proprietary) will be available for inspection at the address where bids are submitted. 6.0 PRE -BID CONFERENCE 6.1 For the Purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the bid documents, a pre -bid conference will be held at the Municipal Building, Committee Conference Room 103.1625 13th Street, Lubbock, Texas, on Wednesday, February 1,1995 at 9:00 a.m., CST. All persons attending the conference will be asked to identify themselves and the prospective bidder they represent. 2 r RFQ #13044, Solid Wwde Collection Service, District 3 Addendum #7 6.2 It is the bidder's responsibility to attend the pre -bid meeting, though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre bid meeting to bidders who do not attend the pre -bid meeting. 7.0 MINORITY AND WOMEN BUSINESS ENTERPRISE OVWBE) REQUIREMENTS 7.1 The City of Lubbock encourages opportunities for Minority and Women Business Enterprises (M/WBE's). A M/WBE is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 5 1 % of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. 7.2 The City of Lubbock notifies all bidders that in regard to any contract entered into, Minority and Women Business Enterprises (M/WBE's) will be afforded equal opportunity to submit bids and will not be discriminated against on the basis of race, color, sex, or national origin in consideration for an award. 8.0 AUTHORIZATION TO BIND SUBMITTER OF BID 8.1 Bids are to be signed by an officer of the company authorized to bind the submitter to its �., provisions. Bids are to contain a statement indicating the period during which the bids will remain valid. A period of not less than ninety (90) days is required. The bid submitted by the bidder shall become an integral part of the contract between the City and the Bidder and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or corporation executing the same. 8.2 Failure to manually sign bid will disqualify it. 9.0 TAXES 9.1 The City is exempt from all State sales taxes. Do not include sales tax in your bid price or on your invoices. Tax exemption certificates will be supplied upon request. 10.0 VENDOR INQUIRIES 10.1 No bidder shall request any information verbally. Requests for additional information or clarification concerning this bid must be in writing and addressed to: Victor Kilman Purchasing Manager City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Fax (806)767-2164 10.2 No verbal agreement or conversation with any officer, agent or employee of the City either before or after execution of the Contract, shall affect or modify any of the terms or obligations contained in the Contract. Any such verbal agreement or conversation shall be considered as unofficial I ^ information and in noway binding upon the City or the Contractor. 7 RFQ 913044, Solid Waste CoUection Service, Dishid 3 Addendum #7 11.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 11.1 Before submitting a bid, each bidder must thoroughly examine the contract documents and project sites (if applicable) to ensure that the services you are proposing meet the intent of these specifications. 11.2 Submission of a bid, will serve as prima facia evidence that the Bidder has examined the disposal site and collection sector and is fully aware of all conditions affecting the Contract service. 12.0 BIDDING 12.1 Bidders are instructed to consider the following factors in preparation of your bid: 12.1.1 Bids shall remain firm for a period of 90 calendar days after bid opening. 12.1.2 No Bidder shall take exception to the specifications herein. Bids submitted taking exception to the specifications may be rejected as non -responsive. -- 12.1.3 Bidders are instructed to include all necessary charges related to the contract. 12.2 Irregular bids. 12.2.1 Bids will be rejected which are not submitted on the forms furnished to the bidder by the City. No alterations in bids will be acceptable unless each such alteration is signed or initialed by the Bidder. If initialed, the City may require the Bidder to identify any alterations so initialed. A bid inay be rejected in which omissions occur or which has been conditioned by the Bidder or wherein the alterations are unacceptable to the City. — 12.2.2 The City has the right to reject any and all bids which fail to meet the literal and exact requirements of the specifications. The City expressly reserves the right to waive minor or slight irregularities in a bid which in the City's judgment are in the best interest of —' the public and do not provide a material advantage to the Bidder over all other Bidders. The City's decision on irregularities in a Bid, shall be final and conclusive and shall create no right in any bidder. 13.0 BONDS & BONDING 13.1 Bid Bond 13.1.1 Bidders are required to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid. This bid bond is to ensure that the bidder will honor the bid and executelhe appropriate contract. 13.1.2 The purpose of this provision is to protect the City from bids being withdrawn and the City having to rebid projects at a later date. Such re bids create expenses and delays that are unacceptable. 13.1.3 All bidders shall consider this requirement and realize that the cost (if any) of meeting this provision will be incurred by them. 4 RFQ 1113044, Solid Waste Collection Savior, District 3 Addendum a7 '�. 13.1.4 After the Bids are opened, check and duly considered, the City Purchasing Manager will release the Bidder surety as follows: r 13.1.4.1 Bidders Other Than Three Lowest -The Bid surety of all except the lowest three responsive Bidders will be released within three days after the determination of the lowest responsive three Bidders. 13.1.4.2 Second and Third Lowest Bidders - The Bid surety of these two unsuccessful Bidders will be released within three days after the successful Bidder has executed the Contract, 13.1.4.3 Successful Bidder - The Bid surety of the successful Bidder will be released when the Performance Surety has been received. 13.1.4.4 Bids Rejected - If all bids are rejected, all Bid Sureties will be returned within three days after such rejection. 13.2 Performance Surety r- 13.2.1 Contractor shall execute and deliver to the City as of the effective date of the contract, a Performance Surety with a corporate Surety duly authorized to do business in the State of Texas, conditioned upon the faithful performance of the contract. The Performance Surety shall be in an amount equal to one hundred fifty percent (1501/6) of the total bid amount for Period 1 in a form acceptable to the City covering the faithful performance of the contract. The City may allow an irrevocable letter of credit in lieu of the Performance Surety with a banking institution and on terms and conditions acceptable to the City. Y I3.2.2 The City will not deliver the Notice to Proceed to the Contractor until such Surety or �.. letter of credit has been delivered to the City and approved by the City Attorney. ` 13.2.3 Should the financial condition of the Surety or banking institution become unacceptable to the City, the Contractor shall promptly furnish such additional Surety or substitute bond or letter of credit at the Contractor's expense as may be required by the City to protect its interests. 14.0 OPENING OF BIDS 14.1 At the time and place set forth in the Notice to Bidders or addendum, Bids will be opened and read aloud. 14.2 Bids not accompanied by an appropriate bid bond will be rejected as non -responsive. 15.0 ACCEPTANCE OR REJECTION OF BIDS 15.1 The City reserves the right to accept the Bid which in the judgment of the City Council is the lowest and best Bid, to reject any and all Bids without qualifications, and to waive irregularities in any Bid 15.2 Any or all Bids will be rejected if there is reason to believe that collusion existed among the Bidders. Bids received from participants in such collusion will not be considered for the same work when and if re -advertised. Bids may be rejected from Bidders who are or have been in default on a previous Contract with the City. r RFQ #13044, Solid Waste Collection Service, District 3 Addendum M7 16.0 AWARD OF CONTRACT BY CITY COUNCIL 16.1 As soon as practicable after opening the bids, the name of the apparent successful bidder will be submitted to the City Council for final approval of award. 16.2 If approved by the City Council, the Purchasing Department will provide properly prepared Contract documents to the Contractor. After proper execution of the Contract, the Contractor shall return all documents required to the Purchasing Manager for submission to the City Secretary. 16.3 In the event the City Council approval is not received within 120 calendar days after opening of the bids, the Bidder may request that it be released from the contract obligation and that its bid bond be released, in which case the City shall release the Bidder's bond. 16.4 No award will be made until all necessary investigations have been made to determine the eligibility and responsibility of the Bidder under consideration. The City may require the three lowest Bidders to submit a certified financial statement; an experience record, a list of additional equipment available for the Work; and a certified statement disclosing all ownership interests whether direct, indirect or beneficial and including intermediate and ultimate ownership interests where several levels of ownership exist, disclosing any single source for in excess of 30% of _ outstanding debt and disclose any person or entity that has guaranteed in excess of 30% of the Bidders outstanding debt; furthermore, such disclosures shall contain any information of or relating to any and all common ownership, control, management or common pecuniary benefit said bidding entity, its owners, management or representative possess or retain in any other'entity now participating in SOLID WASTE COLLECTION SERVICE contracts. (The City Council shall be the sole judge as to the eligibility of the Bidder and the responsibility of the Bidder to satisfactorily perform the work specified within the Contract time). 16.5 Award will be made on an "All or None" basis. 16.6 The City may, by written notice to contractor, cancel the contract if it is found by the City that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by contractor or any agent or representative of contractor, to any employee or City council member with a view toward securing an order or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such order. 16.7 The foregoing action by the City or the Bidder shall in no way provide any cause whatsoever for a claim against the City by the Bidder. 16.8 All actions taken pursuant to this bid and/or contract must be in compliance with all Federal and Texas State Laws and regulations. 17.0 EXECUTION OF CONTRACT 17.1 Within ten (10) calendar days after notification of award of Contract, the Bidder to whom the award is made shall execute the Contract and submit it to the Purchasing Manager and shall furnish a Performance Surety and Insurance as satisfactory to the City. 18.0 FAILURE TO EXECUTE CONTRACT 18.1 It is agreed by the Bidder that upon its failure to enter into the Contract and furnish the necessary Performance Surety within ten calendar days, the amount of the Bidder's Surety shall become the property of the City and shall be retained, not as a penalty but as liquidated damages. The award 6 r-, r.. r RFQ #13044, Solid Waste Collection Service, District 3 Addendum #7 of the Contract may then, at the discretion of the City, be made to the next lowest responsible Bidder, or the work may be re -advertised or may be performed by the City in any legal manner. 19.0 NOTICE TO PROCEED 19.1 Since no interruption of the existing service is permissible, any service transition must be coordinated and executed at the time set. 19.2 The Bidder should be aware of the City's intent to issue the Notice to Proceed upon awarding of the contract 19.3 The Contractor shall commence work within ninety (90) days after receipt of the Notice to Proceed. 20.0 EXAMINATION OF THE SITE OF THE WORK Submission of a bid, will serve as prima facia evidence that the Bidder has examined the disposal site and collection sector and is fully aware of all conditions affecting the Contract service. 21.0 FAMILIARITY WITH LAWS AND ORDINANCES The submission of a Bid on the Work to be performed under the Contract shall be considered as the representation that the bidder is in compliance with all federal, state and local laws, ordinances and regulations pertaining to the Work or equipment used in the Work, or which in any way affects the conduct of the Work; and no plea of misunderstanding will be considered on account of ignorance thereof. If the Bidder discovers any provision in the specifications or Contract documents which are contrary to or inconsistent with any law, ordinance or regulation, they shall immediately report it to the City Purchasing Manager in writing. 22.0 BIDDER'S CERTIFICATION By the submission of the bid, the Bidder certifies that the Bid is genuine and is not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rule of any group, association, organization, or corporation; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid; that the Bidder has not solicited or induced any person or corporation to refrain from Bidding, and that the Bidder has not sought by collusion orotherwise to obtain any advantage over any other Bidder or over the City. 23.0 CONTENTS OF BID The following items must be included in the bid: a. The Bid Form which requests the price per dwelling unit per month. b. List of proposed equipment. c. Bid Bond. d. Contractor Information Report (Exhibit 1). e. Current financial statement. f. Pre -employment standards. 24.0 PREPARATION OF BID 24.1 The Bid shall be legible, written in ink or typed on the forms supplied by the City and shall be completely executed by the Bidder in ink with a frill signature. The Bidder shall indicate whether it is an individual, partnership, joint venture, Texas corporation, or a foreign corporation and enter its correct name. The business address of the Bidder shall be typed or printed on the Bid r l 7 l RFQ #13044, Solid Waste Collation Service, District 3 Addendum #7 form. The Bid shall be signed by an authorized agent. If submitted by a corporation, the Bid must be signed by the President and Secretary or other officers authorized by a resolution of the Board of Directors with a copy of the resolution accompanying the Bid. 24.2 Any omission of prices on such items shown on the Bid form or arty addition in writing to the form of the bid or any condition, limitation or provision may render the bid non -responsive and may cause the rejection. The Bidder shall state on the Bid form the combined price per month per unit for contained collection and uncontained collection. 24.3 The unit price per month is for twice a week collection of contained solid waste, collection of uncontained solid caste as necessary or requested, and for uncontained collection for annual neighborhood collections of loose solid waste, all of which is disposed of at the City of Lubbock Landfill. 8 RFQ #13044, Solid Wade Collection service, District 3 Addendum u7 CITY OF LUBBOCK REQUEST FOR QUOTATION #13044 SOLID WASTE COLLECTION SERVICE H. SPECIFICATIONS 1.0 SCOPE OF WORK 1.1 Containerized Waste Collection and Disposal 1.1.1 The Contractor shall provide biweekly automated collection of waste that is containerized in PAKMOR style dumpsters. (Currently, the City of Lubbock is using tandem axle, 33 cubic yard side -loaders with PAKMOR lifts, to provide this service.) 1.1.2 The containers will primarily be located in alleys. 1.1.3 The number of containers on each route may be adjusted at the discretion of the City. 1.1.4 Q�nl residential containers from single family dwellings will be serviced. Where residences and commercial businesses currently share containers, the City will provide the collection services for these containers. 1.2 Brush and Bulk Alley Waste Collection and Disposal 1.2.1 Alley Cleanups 1.2.1.1 The Contractor shall provide collection of brush and bulk alley waste found in the alleys when necessary to ensure efficient operations. The contractor shall provide collection of brush and bulk alley waste when the items interfere with the placement and pick-up of the container or when items hinder or block thru traffic flow. 1.2.1.2 The contractor shall provide collection of brush and bulk alley waste within three working days when notified by customer or the City of Lubbock of the location of items. r" 1.2.1:3 Brush and bulk alley waste includes any and all debris including, but not limited to: brush from trees and shrubs; branches, tree stumps, large or heavy debris such as sofas, mattresses, stoves, refrigerators, hot water heaters, r. washing machines, furniture, and similar large bulky items not suitable for placement in containers; and any other miscellaneous rubbish and trash found in the alleys. 1.2.2 Neighborhood Cleanups 1.2.2.1 The Contractor shall schedule one neighborhood cleanup per year in conjunction with the area neighborhood associations. There are currently three neighborhood associations in this district. 1.2.2.2 Contractor shall provide notification via a door hanger explaining the specifics of the cleanups and shall post said notification on all residential doors on each route. N 7 9 RFQ 913044, Solid Waste Collection Service, District 3 Addendum #7 1.2.2.3 Cleanups shall be scheduled annually, at such dates and times as mutually agreed upon by the Contractor and the relevant neighborhood association(s). 2.0 COLLECTION ROUTES 3.0 4.0 2.1 SOLID WASTE COLLECTION SERVICE shall be performed in District 3 which is an existing Solid Waste Collection District. 2.2 The City makes no representation as to the reliability of the estimates herein regarding the collection routes, such as the number of households and number of containers, and unit price computations shall be based on these estimates. 2.3 District 3 boundaries are described on page 19 of the Solid Waste Collection Service Contract and on the map attached as Exhibit "F°'. As of October 1994, the district contained the following: Houses 13,905 Containers 4,218 2.4 Tonnage of solid waste collected in District 3 is as follows: a. January 1994 collection was 1,639 tons (commercial and residential mix) b. July 1994 collection was 2,252 tons (commercial and residential mix) C. Sample week in September 1994 revealed 91% residential waste. 2.5 The City will not furnish someone to ride with the Contractor's driver for any period of time to show him all the container locations. CONTRACT TERM 3.1 The term of the Contract shall be for a period of three (3) years. 3.1.1 Period 1 - 12 months - to 3.1.2 Period 2 -12 months - to 3.1.3 Period 3 -12 months - to 3.2 Prices will be bid for Period 1 only. All prices bid for Period 1 may, at the option of the City, be adjusted for Period 2 up to one hundred percent (100%) of the cost of living increase/decrease as measured by the Consumer Price Index (CPI). CPI referred to herein is the Consumer Price Index for Urban Wage Earners and Clerical Workers (All Items) for the U.S. City Average. The period of increaseldecrease measurement shall be from the twelve months most nearly matching Period 1 of the contract (containing at least nine months of Period 1), and the resulting net increase/decrease shall be applied to prices bid herein for Period 2. Prices for Period 3 shall be calculated in the same manner as effective prices for Period 2, using Period 2 as the base period of measurement. QUALIFICATIONS OF CONTRACTORS BIDDING 4.1 Bidders submitting bids certify to the City that they possess all necessary equipment, facilities, personnel, and work experience to fulfill the terms of the Contract at the time of bid submission, 10 RFQ #13044. Solid Waste Collection Service, District 3 Addendum 97 ro or that they will have the necessary equipment and personnel and be ready to proceed on the starting date for Period 1 shown in 3.1 herein. r 4.1.1 Contractor shall employ, train, and supervise all personnel and shall provide all i l: supervision and management, as necessary to efficiently perform the foregoing services and functions. r 4.1.2 The Bidder must submit an alternate bid which shall include Right of First Refusal employment to all current City of Lubbock Solid Waste Department employees whose positions would be eliminated in the event the City awards the contract to the r Contractor. 4.1.2.1 All such employees shall be offered employment in a comparable position to that held by the employee immediately prior to the contract start date and the Contractor shall offer each affected City employee the same level of pay and benefits to those provided by the City based on the employee's position and seniority during the first year of the contract. ` 4.1.2.2 The City of Lubbock shall agree that any such affected employees, who are rehired by the City within 6 months after separation from the City, will retain the seniority associated with their City employment (as of the date of separation from the City) for any pay or benefits based on seniority. The Contractor shall guarantee employment to those employees who are hired from current permanent employees for a minimum of one (1) year during which period of time they can only be terminated for cause as defined by the City's Rules and Regulations (See Exhibit 2). Affected Employee(s): HOURLY SALARY RANGE JOB TITLE MIN. MAX POSMONS Foreman $9.41 $14.28 1 Equipment Operator II . $7.33 $10.72 8 Hourly rates effective October 2, 1994. Progression through salary range based on performance. Employer Paid Benefits: $29,790 (Benefits include cost of health, dental and life insurance, retirement, and FICA. They do not include worker's compensation costs or unemployment compensation costs.) 4.1.2.3 Affected employees must meet Contractor's written pre -employment standards. Contractor's written pre-cmployment standards must be submitted with your bid r 11 r RFQ I113044, Solid Waste Collection Service, District 3 Addendian Ill 4.2 The City attaches great importance to the ability of the Contractor to complete the work as specified. This concern does not demonstrate a lack of trust in the Contractor, but rather an acknowledgment of the CiWs obligation to the citizens of Lubbock, Texas. In order that this obligation be fulfilled, the requirements listed in 4.3 and 4.4 must be met. 4.3 Bidders must submit a completed CONTRACTOR INFORMATION REPORT (attached hereto as "EXHIBIT 1"). This report must demonstrate the following: 4.3.1 Satisfactory evidence that the Contractor has operated or is operating a municipal waste collection system of the types and to the extent as outlined in these specifications, and that the Contractor has successfully conducted such an operation for a period of not less than two years within the last five years. 4.3.2 Satisfactory evidence that the Contractor owns, or has made arrangements to acquire all necessary equipment as specified herein. 4.3.3 Satisfactory evidence that the Contractor has adequate financial resources, experienced -- personnel, proper facilities, and adequate work plan to complete the work as specified. 4.4 Upon award of contract, the successful Bidder must also submit SEQUENCE OF WORK ^ SCHEDULES (hereinafter called "Route Lists") for all scheduled waste collection. The required route lists must provide the following information. 4.4.1 A list of the Contractor's proposed collection routes for one complete cycle of collection, with identification of all alleys to be collected on each route in sequence. 4.4.2 Each route list must reference the Collection Routes as listed in the Specifications _ section. 4.4.3 Any subsequent changes or revisions to the initial route lists throughout the contract period must have the prior written approval of the Solid Waste Management Superintendent, or his designated representative. 4.5 Failure to provide either a completed Contractors Information will disqualify any such bid as non -responsive, and therefore such bid will not be considered. 4.6 The evaluation of bids and the determination of conformity and acceptability shall be the sole responsibility of the City of Lubbock. Such determination shall be based on information furnished by the Contractor with his(its) bid, as well as other information reasonably available to the City. 4.7 The Bidder must be qualified by experience, adequate financing, and equipment to do the Work called for in the Request for Quotation. The Bidder shall submit to the City a letter from a governmental unit certifying that the Bidder has been the sole provider of complete residential SOLID WASTE COLLECTION SERVICE for at least two years in a single area which contained at least 50,000 residences or a population of at least 150,000 as certified by a national census. This areas must be within one political jurisdiction and the agreement for service must be with that jurisdiction. The letter from a governmental agency demonstrates a municipal contracts performance history. This letter must be presented to the City at the time of the pre -bid conference. 4.8 The Bidder must provide medical insurance coverage to its employees which is comparable to the medical insurance coverage presently offered by the City to its employees. See Paragraph 26 on 12 f RFQ #13044, Solid Was a Collection Savior, District 3 Addendum #7 Page 10 of the Contract for minimum coverage required. Bidders shall submit to the City a copy of its medical insurance coverage plan which will be in effect on the effective date of this .. Contract. This plan must be submitted to the City at the time of the pre -bid conference. 4.9 The City may make such investigations as they deem necessary to determine the ability of the Bidder to perform the work and the Bidder shall furnish the City all such information and data for this purpose as they may request before and/or during the bidding period, if the qualifications of the prospective Bidder are not known to the City. Requests for information may include his(its) previous experience in performing similar or comparable work, his(its) business and technical organization, his(its) financial statement of resources, his(its) plant available to be used and the amount of work to be performed by his(its) own forces in the performance of the contemplated work. 5.0 ALLEY SPEED 5.1 The posted speed limit in all City of Lubbock alleys is five (5) miles per hour (MPH). 5.2 Speeds in excess of S MPH are in violation of City ordinances and are subject to enforcement by the City of Lubbock Police Department. 6.0 FINANCIAL STATEMENT 6.1 Bidders must include a copy of their latest financial statement certified by a certified public accountant. If the bidder is a corporation, it must submit a copy of the latest certified financial . statement of the parent corporation 7.0 METHOD OF OPERATION is 7.1 All operations described in these specifications shall be conducted by the Contractor's personnel and the expense of all such operations shall be the Contractor's. 7,1.1 The Contractor shall provide his own equipment, labor, fuel and any other materials necessary to complete the required work. The contractor shall be responsible for the t maintenance and repair of his own equipment and the availability, presence and supervision of his employees. 7.1.2 The Contractor is required to have a competent and experienced supervisor with each work group at all times. The supervisor referred to herein may not be a working supervisor operating a refuse collection vehicle as his or her main job duty/function. 7,1.3 The Contractor shall perform all hand work required to effectuate an efficient collection operation. The City shall have the right to identify for the Contractor those areas where hand work should be performed. 7.1.4 There shall be no subcontractors used by the Contractor to fulfill any items or conditions of the Contract. ! 7.2 All collection operations shall be performed between the day time hours of 7:00 a.m. and 6:00 p.m., Monday thru Friday. Each container should be collected twice a week, with a minimum of two working days between each container collection. Residential waste collection is prohibited on Saturday and Sunday. The bidder may submit an alternate bid which includes collection between the day time hours of 7:00 am. and 6:00 p.m., Monday thru Saturday. �,.. 13 RFQ #13044, Solid Waste Collection Service, District 3 Addendum 97 7.3 WEATHER For the purpose of this Contract, the National Weather Service at Lubbock �. International Airport shall be the weather forecasting and reporting agency. Any forecast by the National Weather Service shall be deemed to extend only twelve hours into the future. 7.3.1 No collection operations shall be conducted when there are climatic conditions present or forecast that would make such an operation ineffectual or dangerous. These climatic conditions include, but are not limited to, heavy rains, snow, ice, sleets and extremely high winds. 7.3.2 The Contractor may suspend operations if weather conditions are such that collection operations cannot be carried out in an effective manner. If such suspension occurs, the Contractor shall immediately notify the Superintendent, or his designee. 7.3.3 The Superintendent, or his designee, shall at his discretion have the right to order the suspension of collection operations whenever, in his judgment, present weather conditions or impending weather conditions are such that collection operations cannot be carried out in an effective manner. . 7.3.4 The Contractor shall reschedule waste collection for another day in the same calendar week when inclement weather is encountered by the Contractor. 7.3.5 Delays due to inclement weather, and any rescheduled collection as a result thereof, shall not result in any additional charges to the City by the Contractor. 7.4 DEBRIS. Removal and disposal of debris, including disposal fees, collected during the collection operation shall be the responsibility of the Contractor. 7.4.1 All applicable State and Local laws and ordinances related to the hauling, handling and disposition of such material will be complied with by the Contractor. Contractor shall be required to have a commercial hauling permit as per the Code of Ordinances, City of Lubbock, Volume II, Section 23-15 and all other City, State, and Federal Permits that may be required. 7.4.2 Contractor shall transport all containerized waste to the City of Lubbock landfill located — 1.5 miles north of the intersection of Avenue P and FM Road 2641 or the City of Lubbock landfill in operation during the term of the contract. 7.4.3 Any change in disposal site(s) throughout the term, of the Contract must have the prior written approval of the City, and conform to all requirements stated herein. 7.4.4 The Contractor shall furnish a letter from each contemplated final disposal site that such site meets all State, Local and Environmental Protection Agency requirements for the disposal of waste debris. 7.4.5 All disposal charges (including any and all state surcharges or taxes) will be calculated at the prevailing City of Lubbock landfill gate rate and will be the responsibility of the Contractor. Price for refuse collection and disposal compensation payable to the Contractor will be quoted as Monthly Rate per Household and shall be adjusted throughout the life of the contract by any change in the landfill tipping fee at the landfill used in accordance with the contract. The change in rate per household shall be an amount mutually agreed to by the City of Lubbock and the Contractor to accurately reflect the Contractor's actual change in disposal cost. This adjustment shall occur at the time of the rate change. 14 r RFQ #13044, Solid Waste Collation Service, District 3 Addendum #7 7.5 , The City shall maintain the alley except for waste collection services. r 7.6 If the branches in the alley affect waste collection service operation, the Contractor will have the responsibility to trim tree branches. 8.0 EQUIPMENT AND FACILITY A 8.1 The equipment used for collection shall be of sufficient type, capacity and quantity to safely and efficiently perform the collection work as specified. 8.2 Specifications for such equipment are as follows: 8.2.1 Refuse collection vehicles - Collection vehicles used in the collection operation must be side -loader types with PAKMOR type lifts. All collection vehicles must be in good mechanical condition and present a good appearance. 8.2.2 All equipment (including support equipment) shall be equipped with two-way radio communications designed for commercial use. CB radios are not acceptable. 8.3 All equipment (including support equipment) to be used by the contractor shall be listed as a part of the "Work Plan" section of the Contractor's Information Renort. All such equipment is subject to the inspection and final approval of the City. Such approval may require on -site demonstration of the capability of any proposed equipment. 8.4 All vehicles used by the Contractor must be performance worthy by visual and operational inspection. Refuse collection vehicles must be kept clean. The City shall have the option to perform a complete inspection of all vehicles at any time throughout the term of the Contract. Should any vehicle, when inspected, and in the . determination of the City, not meet standards that the City feels are necessary to complete the Contract or to operate safely, the City may require such vehicle to be brought to standard before being placed back in service. 8.5 The Contractor must demonstrate evidence of an adequate service facility to insure scheduled routine maintenance, as well as maintain a sufficient supply of replacement parts to insure continuous collection operations. The City shall inspect the facility of the successful Contractor prior to award of the Contract for services. 8.6 Container Maintenance 8.6.1 Contractor shall be required to maintain all dumpsters on each route. 8.6.2 Container maintenance shall be completed within three days of notification by the City and/or the customer. 8.6.3 It is not the responsibility of the Contractor to sweep out containers. However, the Contractor must deodorize the containers at the request of the customer. 8.6.4 Relocation of containers shall be performed by the Contractor and coordinated with the customer and the Solid Waste Management Administrator. rrr f r 15 l' l; RFQ #13044, Solid Waste Collection Service, District 3 Addendum #7 8.6.5 Ownership of all containers shall remain with the City. On termination or expiration of the contract, the City shall conduct a physical inventory of all containers. At that time, the Contractor shall surrender the containers in as good condition as at the start of the contract. 8.6.7 The City shall provide containers for all residences on the routes. 9.0 STATEMENT OF EXPERIENCE 9.1 Bids must include a statement of experience in municipal solid waste collection including: 9.1.1 Who the service was provided for 9.1.2 Dates of the service provided; 9.1.3 Term of the contract; 9.1.4 Name, address, and phone number of contact person(s); 9.1.5 Where the service was provided; 9.1.6 A brief description of the service area. 10.0 BID PRICE Bid price will be submitted on a per unit price for contained and uncontained collection and shall include all applicable taxes, fees, and permits. 16 RFQ 913044, Solid Waste Collation Servioe, District 3 Z-- Addendum g7 BID FOR RESIDENTIAL REFUSE COLLECTION SERVICE, DISTRICT 3 CITY OF LUBBOCV, TEXAS RFQ 013044 BIDDER'S submittal to the Purchasing Manager of the City of Lubbock, Texas. In compliancewith the Request for Quotation q 13044. the undersigned Bidder having examinod the Contract, site of work, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for the completion of the work listed and agrees to execute the Contract and furnish the required bonds and certificates of insurance for the completion of said work. al the locations and for the prices set forth on the inside pages of Otis form. Bidder understands that the bid shall be submitted with a Bid guarantee of cash. certified check, cashier's check. or surety bond in an atmoum not lea than five pendent (59/o) of the Total Bid Bidder agrees that upon receipts of Notice of Award from the C' f Lubbock, the Bidder will execute the Contract documents. The y acknowl ipt of and agr is based on C wing Addcn flI #2 q3 - tF4 AS 86- BID SCHEDULE ITEhl QTY DESCRIPTION UNIT MEASURE UNIT PRICE EXTENDED BID COST 1. 13.905 Contained and UncontahW Collection Per Dwelling Unit per $ $ '/o Month �'L' 77- S$ 2. 13,905 Contained and Uncontained Collodion, with Per Dwelling Unit per $ Right of First Refusal Employment Month r LL %L PAYAIENTTERMS �% W Bidder offers a prompt payment discount of G/ % PROXIMO or calendar days, to apply after receipt of invoice or final acceptance of the services provided, whichever is later. If no prompt payment discount is offered, enter 0 in the % space: to indicate Net 30 days, otherwise payment terms shall be Net 30 days and will be considered in the bid evaluation process. THIS BID IS SUBMITTED BY �/lOw.✓/�/!r " %'t'1 �.� Z^ D� J7it /.t J JA<. corporation organized under the laws of the State of , a partnership consisting of or individual trading as of the City of Respectfully submitted, Firm: A C'cv,✓ia/� - � %�'2 /J y-.,,��t. f 7il/.E"-I t �.✓C� r Address: t7 J4f �, �� t ,--+�--- city:� / �( state X ZiP - 7 htA%'BE Firm: Woman Black American Native American Hispa c American Asian Pacific American Other (S } / \ /J AutthhorizedlRepresentative . must sign by hand Officer and Title: L & 19 A/ 2+C" /2 ' J 174 f/ L /� Business Telephone Number < 90& '� 763 _' r+ /-)- T FAX: ` O6 ) 76 Z- 7 J` 7 se TVA ?� y 17 r v RFQ #13044. Solid Waste Collation Soria, District 3 Addcn&= Ill CITY OF LUBB 0 CK REQUEST FOR QUOTATION 013044 SOLID WASTE COLLECTION SERVICE III. GENERAL CONDITIONS 1.0 INTENT 1.1 The City of Lubbock (hereinafter called "City") desires to obtain the services of a private company (hereinafter called "Contractor") to provide the collection of municipal solid waste collected from single family dwellings and emptying side -loading containers and collecting brush and bulk waste in alleys within the City of Lubbock, Texas. 1.2 The specifications contained herein are designed to establish an effective, efficient, and safe system of waste collection that provides for the following intended purposes: 1.2.1 Establish and maintain a continuous level of waste collection in order to assure protection of the health, safety and welfare of the community. 1.2.2 Collect waste in a coordinated manner, by a routing system that will improve current waste collection practices while decreasing costs. 1.2.3 Provide for a smooth and orderly transition of services performed from the public to the private sector. 2.0 SAFETY 2.1 Applicable provisions of the following shall be incorporated into the specifications for this project. 2.1.1 Regulations of the Solid Waste Department of the City of Lubbock. 2.1.2 Other Federal, State, or Municipal acts, statutes, rulings, ordinances, decisions, or regulations. 2.1.3 All subsequent revisions and supplements to the above documents. 2.2 The importance the City attaches to safety cannot be overemphasized. The City reserves the right, at its discretion, to disallow payment for any work performed where the proper safety precautions were not being observed. 2.3 All equipment shall be equipped in accordance with existing State Law and municipal ordinances. 2.4 The safety of the public and the convenience of city alleys be regarded as prime importance. Unless otherwise provided herein, all portions of city alleys shall be kept open to traffic. 2.5 The Contractor's equipment and personnel shall move in the same direction as traffic at all times as is practical during all collection operations. Other patterns of operation must be approved by the Solid Waste Superintendent 2.6 For safety reasons, Contractor's vehicles must drive within all posted speed limits and may be / monitored for compliance with posted speed limits. 18 RFQ #13044, Solid Waste Collection Service, District 3 Addendum #7 3.0 VERIFICATION OF WORK 3.1 It shall be the responsibility of the City of Lubbock Solid Waste Superintendent (hereinafter called Superintendent) to guarantee the execution of the Contract in accordance with its terms and specifications. To this end, he may appoint a designee who shall be responsible for the inspection and monitoring of the work performed under the Contract r3.2 Within fifteen (15) days following the approval and award of the Contract, the Contractor shall submit Route Lists for all scheduled collection. These schedules will be reviewed for accuracy and efficiency by the Superintendent and his designated representative prior to the Contract award. Within fifteen (15) days following the approval and award of the Contract, the Contractor shall meet with the Superintendent and his designated representative to review the contract and make any necessary changes to the Route Lists and/or Contractor's Work Plan. Prior to commencing work, all Route Lists shall be updated by the Contractor, and thereafter shall become the basis for: 3.2.1 Contractor's collection routes 3.2.2 Department's inspection of collection 3.2.3 Invoicing for routes completed 3.2.4 Payment by the City for services rendered Any subsequent changes or revisions to Route Lists throughout the Contract period must have the prior written approval of the Superintendent, or his designated representative. 3.3 The Inspection Division of the City Solid Waste Department will monitor the Contractor's work performance daily. All refuse containers emptied by the Contractor and all cleaned alleys must present an appearance which is completely satisfactory to the monitoring Inspector, and within the collection guidelines of the City Solid Waste Department. Any deficiency in the Contractor's performance shall be reported in wTiting to the Contractor within twelve hours following completion of work, and such deficiencies shall be corrected by the Contractor no later than twenty-four hours following receipt of such notice. The monitoring inspector shall maintain a daily log of completed work and will verify completion of the Contractor's work with the Contractor once per week. 3.4 In addition to the procedure for verification of work performed as described herein, the Contractor shall lend whatever necessary assistance the City may request with respect to verification of work performed. 3.5 The Contractor shall be required to submit a monthly status report on the following information: Number of vehicle accidents Number of operational type accidents (fences, gas meters, overhead wires/cables, water meters) Number of employees utilized for collections during reporting period Number of containers serviced (emptied) during reporting period Disciplinary actions taken 19 RFQ #13044, Solid Wane Collection Service, District 3 Addendum #8 Number of Containers maintained Amount of fuel consumed Number of missed collections The form may be changed as necessary to ensure that the City has sufficient information needed to monitor and measure Contractor's performance. 4.0 FAILURE TO COMPLETE WORK 4.1 (lids paragraph has been deleted) 4.2 It is essential to complete all collection routes within the time limits specified. Failure to complete collection of less than 1001/o of the scheduled waste collection during any — calendar month during any collection cycle shall result in a penalty of $25.00 per container for each container not collected. Such penalty shall be deducted from the amount due the Contractor for the period of collection in which the deficiency occurs. _ The penalty as described herein may be waived, at the sole discretion of the Solid Waste Superintendent or his designee. Such waiver to include excessive inclement weather, Acts of God, street construction, etc. provided that the waste has been collected to the satisfaction of the Solid Waste Superintendent. 4.3 If the work to be done under the Contract is abandoned by the Contractor or if the Contract is -- subcontracted or assigned without the prior written consent of the City, or if the Contract is adjudged bankrupt; or if a general assignment of his assets is made for the benefit of his creditors; or if a receiver is appointed for the Contractor or any of his(its) property, or if the work _ under this Contract is being unnecessarily delayed; or the Contractor is violating any of the material conditions of the Contract; or the Contractor is executing the same in bad faith or otherwise not in accordance with the terms of said Contract; or the Contractor is executing the same in bad faith or otherwise not in accordance with the terms of said Contract; then, in the event any of the foregoing occurs, the City may serve written notice upon the Contractor and his(its) surety of the City's intention to terminate the Contract. Unless within thirty days after the serving of such notice, an arrangement to the City's satisfaction is made for continuance, the Contract shall be automatically terminated and the City may take over and prosecute the work to completion, by Contract or otherwise. 4.3.1 In the event of termination, the Contractor and his surety shall be liable to the City for all damages as well as excess cost sustained by the City by reason of such prosecution 20 f RFQ #13044, Solid Waste Collation Service, District 3 Addendum #7 j and completion by the City. Time shall be of the essence as to any action performed by the Contractor to correct conditions as set forth in this provision. 4.3.2 In the event of termination, the City retains the right to purchase at fair market value the Contractor's equipment and/or vehicles. 4.3.3 It is agreed that in the event the Contractor shall be adjudged bankrupted, a receiver appointed or a general assignment for the benefit of creditors is made, or Contractor is proven insolvent or fails in business, the Contract shall not be an asset of the Contractor. 5.0 CHANGE IN SPECIFICATIONS 5.1 If a change in specifications is required by the City which materially differ from those indicated in the contract and would cause an increase in the Contractor's bid cost of accomplishing the work, new unit bid prices or a lump -sum cost may be negotiated. If the parties are unable to reach an agreement on price, the City Auditor will perform an audit of the Contractor's records to determine the actual cost. The City will set the new unit price or lump -sum payment based on I this review. '., 5.2 Should the Contractor participate in any major cost reduction programs or take any action which results in a major cost savings for the Contractor, the City shall receive a unit rate decrease equal to a minimum of fifty (50) percent of the savings realized by the Contractor. 6.0 DISPUTED WORK 6.1 If the Contractor is of the opinion that (a) the work necessary or required to accomplish the result intended by this contract; or (b) any work ordered to be done as contract work by the City is extra work or additional work and not contract work; or (c) any determination or order of the City violates the terms and provisions of this contract, the Contractor shall promptly, either before proceeding with such work or complying with such order or determination, notify the City in writing of his (its) contentions with respect thereto and request a final determination thereof. 6.2 Such determination of the City shall be given in writing to the Contractor. If the City determines that the work in question is extra work and not contract work, or the determination or order complained of required performance by the Contractor beyond that required by the contract or violates the terms and provisions of the contract, thereupon the City shall cause either (a) the issuance of a written order covering the extra work as provided for in Item 6.1 hereof, or (b) the determination or order complained of to be rescinded or so modified so as to not require performance beyond that required by the terms and provisions of the contract. 6.3 If the City determines that the work in question is contract work and not, extra work, or that the determination or order complained of does not require performance by the Contractor beyond that required by he contract or violate the terms and provisions of the contract, he shall direct the Contractor to proceed, aid the Contractor must promptly comply. In order to reserve his (its) right to claim compensation for such work resulting from such compliance, however, the Contractor must, within twenty (20) calendar days after receiving the City's determination and direction, notify the City in writing that the work is being performed, or that the determination and direction is being complied with, under protest. 6.4 If the Contractor fails to so appeal to the City for a determination or, having so appealed, should the Contractor thus fail to notify the City in writing of his (its) protest, the Contractor shall be deemed to have waived any claim for extra compensation or damages therefore. No oral appeals r, 21 RFQ # 13044, Solid Waste Collection Service, District 3 Addendum #7 or oral protests, no matter to whom made, shall be deemed even substantial compliance with the provisions of this item. 6.5 A delay of the Contractor due to a court order against the City or because of a conflict of a utility with the work shall not be a cause for additional compensation for damages sustained by the Contractor, but may be a cause for extension of contract working time only. 6.6 In addition to the foregoing requirement, the Contractor shall, upon notice from the City, produce for examination and audit at the Contractor' office, by the representatives of the City, all his (its) books and records showing all of his (its) acts and transactions in connection with contractual performance as well as relating to or arising by reason of the matter in dispute. At such examination a duly authorized representative of the Contractor may be present. 6.7 Unless the aforesaid requirements and conditions shall have been complied with the Contract, the _ City shall be released from all claims arising under, relating to or by reason of this contract, except for the sums to be due under the payment provision of this contract. It is further stipulated. and agreed that no conduct on the part of the City or any agent or employee of the City shall even be construed as a waiver of the requirements of this section, which such requirements constitute an absolute condition precedent to any approval of any claim for extra compensation, notwithstanding any other provisions of the contract documents; and in any action against the City to recover any sum in excess of the contract amount the Contractor must allege and prove strict compliance with the provisions of this section. 6.8 In connection with the examination provided for herein, the City, upon demand therefore, shall also produce for inspection by the Contractor such records as the City may have with respect to such disputed work or work performed under protest pursuant to order of the City, except those records and reports which may have been prepared for the purpose of determining the accuracy and validity of the Contractor's claim. 7.0 PERFORMANCE OF EXTRA OR DISPUTED WORK 7.1 While the Contractor or his (its) subcontractor is performing extra work in accordance with the City's written order, or is performing disputed work or complying with a determination or order under protest in accordance with Item 6.3 hereof, the Contractor shall daily furnish the City's representative at the site with three copies of verified statement showing: 7.1.1 The name of each employee on this extra work and the equipment employed. This information shall be reported on forms supplied by the City. A copy of such statements shall be signed by the City's representative, noting thereon any items in question, and shall be returned to the Contractor within five working days after submission. This signature shall not be construed as the City's agreement and acceptance of items not questioned since all items are subject to subsequent review and audit by City representatives. 7.1.2 The Contractor and his (its) subcontractors, when required by the City, must also produce for inspection and audit by designated City representative, any and all of his (its) books, vouchers, records, daily job diaries and reports, canceled checks, etc., showing the nature and quantity of labor, materials and equipment actually used in the performance of the extra work; the amounts expended therefore; and the costs incurred for insurance premiums and other items of expense directly chargeable to such extra work. The Contractor must permit the City's representatives to make extracts therefrom or copies thereof as may be desired. Failure of the Contractor to comply strictly with , 22 _ I RFQ # 13044, Solid Waste Collection Savice, District 3 Addendum #7 these requirements shall constitute a waiver of any claim for extra compensation on account of the performance of such extra work. 8.0 NO WAIVER OF RIGHTS OR ESTOPPEL 8.1 The City, or any officer or agent thereof shall not be precluded at any time, either before or after final completion and acceptance of the work and final payment therefore from: 8.1.1 Showing the true and correct amount, classifications, quality and character of the work done and materials furnished by the Contractor or any other person under this contract, or from showing at any time that any determination, return, decision, approval, order, letter, payment or certification is untrue and incorrect, or improperly made in any particular, or that the work or the materials or any pasts thereof, do not in fact conform to the contract requirements; and 8.1.2 Demanding the recovery from the Contractor of any overpayments made to him, or such damages as the City may sustain by reason of the Contractor's failure to perform each and every part of this contract in strict accordance with its terms or both. 9.0 CONTRACTOR DEFAULT, CITY'S RIGHT TO SUSPEND WORK AND ANNUL CONTRACT 9.1 The work or any portion of the work under contract shall be suspended immediately on written order of the City declaring the Contractor to be in default. A copy of such notice shall be served on the Contractor's surety. The contract may be annulled by the City for any good cause or causes, among others of which special reference is made to the following: 9.1.1 Failure of the Contractor to start work within ten (10) days from date specified in the written work order issued by the City to begin the work; 9.1.2 Substantial evidence that the progress of the work being made by the Contractor is insufficient to complete the work within the specified working time; ffi 9.1.3 Failure of the Contractor to provide sufficient and proper equipment, materials or �^ construction forces for properly executing the work; 9.1.4 Substantial evidence that the Contractor has abandoned the work or discontinuance of '.. the performance of the work or any part thereof and failure to resume performance within a reasonable time after notice to do so; 9.1.5 Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work; 9.1.6 Deliberate failure on the part of the Contractor to observe any requirements of these specifications ot'to comply with any orders given by the City as provided for in these specifications; 9.1.7 Failure of the Contractor to promptly make good any defects in the work, the correction of which has been directed in writing by the City, 9.1.8 Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract; ^` 9.1.9 Repeated and flagrant violations of safe working procedures; 23 r . RFQ #13044, Solid Waste Collection Service, District 3 Addendum #7 9.1.10 The filing by the Contractor of litigation against the City prior to final completion of the work. 9.2 When the work is suspended for any of the causes itemized above, or for any other cause or causes, the Contractor shall discontinue the work or such part thereof as the City designates; whereupon the surety may either at its option assume the contract or that portion thereof which the City has ordered the Contractor to discontinue, and perform the same; or, with the written consent of the City, sublet the same; provided, however, that the surety shall exercise its option, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the surety or its authorized agents. The surety in such event shall assume the Contractor's place in all respects, and shall be paid by the City for all work performed by it in accordance with the terms of the contract, but in no event shall such payments exceed the contract amount, regardless of the cost to the surety to complete the work. 9.3 All moneys remaining due the Contractor at the time of his (its) default shall thereupon become due and payable to the surety as the work progresses, subject to all terms of the contract. In case the surety does not within the hereinabove specified time, exercise its obligation to assume the contract or that portion thereof which the City has ordered the Contractor to discontinue, then the City shall have the power to complete by contract or otherwise, as it may determine, the work _ herein described or such part thereof as it may deem necessary; and the Contractor hereto agrees that all of the materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purpose of his (its) work and to procure other tools, equipment and materials for the completion of the same; and to charge to the account of the Contractor the �— expenses incident thereto. The expense so charged shall be deducted by the City out of such moneys as may be due or may at any time thereafter become due the Contractor under and by virtue of the contract or any part thereof. 9.4 The City shall not be required to obtain the lowest bid for the work of completing the contract, but the expenses to be deducted shall be the actual cost of such work. In case such expense is less than the sum which would have been payable under the contract, if the same had been completed by the Contractor, then in such case the City may pay to the Contractor, the difference in the cost, provided that the Contractor shall not be entitled to any claim for damages or for loss of anticipated profits. 9.5 In case such expense shall exceed the amount which would have been payable under the contract if the same had been completed by the Contractor, the Contractor and his (its) surety shall pay the amount of the excess to the City on notice from the City for excess due including any cost incurred by the City, such as inspection, legal fees and liquidated damages. When any particular part of the work is being carried on by the City by contract or otherwise under the provision of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the contract; and in such manner as not to hinder or interfere with the performance of workmen employed as above provided by the City or surety. 10.0 SUSPENSION BY COURT ORDER AGAINST THE CITY 10.1 The Contractor shall suspend such part or parts of the work pursuant to a court order issued against the City and shall not be entitled to additional compensation by virtue of such court order; neither shall the Contractor be liable to the City in the event the work is suspended by such court order, unless such suspension is due to the fault or negligence of the Contractor. 11.0 SUBCONTRACTS 24 r' RFQ # 13044, Solid Wa:te Collection Sa vioe, District 3 Add..,n,= #7 11.1 The Contractor shall not make any subcontract for performing any portion of the work included in the contract. 12.0 CITY'S OFFICERS, EMPLOYEES OR AGENTS 12.1 No claim whatsoever shall be made by the Contractor against any officer, employee or agent of the City for, or on account of, anything done or omitted to be done in connection with this contract. 12.2 Neither the City Manager nor any of his (its) assistants, or employees, nor any other agent of the City shall be personally responsible for any liability, arising under or growing out of the contract, or operations of the Contractor under the terms of the contract. 12.3 No officer, employee or agent of the City shall have a financial interest, direct or indirect, in any contract with the City, or be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or services, except on behalf of the City as an officer or employee. Any wilifW violation of this article shall constitute malfeasance in office, and any officer or employee guilty thereof shall thereby forfeit his (its) office or position. Any violation of this article with the knowledge, expressed or implied, of the persons, partnership, company, firm association or corporation contracting with the City shall render the contract involved voidable by the City. 13.0 PAYMENT WITHHELD 13.1 In addition to express provisions elsewhere contained in the contract, the City may withhold from any payment otherwise due the Contractor such amount as determined necessary to protect the City's interest, or, if it so elects, may withhold or retain all or a portion of any progress payment or refund payment on account of 13.1.1 Unsatisfactory progress of the work not caused by condition beyond the Contractor's control; 13.1.2 Defective work not corrected; 13.1.3 Contractor's failure to cant' out instructions or orders of the City or his (its) representative; 13.1.4 A reasonable doubt that the contract can be completed for the balance then unpaid; 13.1.5 Execution of work not in accordance with the contract documents; 13.1.6 Claim filed by or against the Contractor or reasonable evidence indicating probable filing of claims; 13.1.7 Failure of the Contractor to make payments to subcontractor for material or labor, �. 13.1.8 Damage to another Contractor, } 13.1.9 Unsafe working conditions allowed to persist by the Contractor; 13.1.10 Failure of the Contractor to provide work schedules as required by the City, 13.1.11 Use of subcontractors without the City's approval. f ' �., 25 RFQ #13044, Solid Waste Collection Service, District 3 Addendum #7 13.2 When the above grounds are removed, payment shall be made for amounts withheld because of them, and City shall never be liable for interest on any delayed or late payment. 14.0 UNLAWFUL PROVISIONS DEEMED STRICKEN 14.1 If this contract contains any unlawful provisions not an essential part of the contract and which shall not appear to have been a controlling or material inducement to the making thereof, such unlawful provisions shall be of not effect. Upon the application of either party, the unlawful part shall be considered stricken from the contract without affecting the remainder of the contract. 15.0 EQUAL EMPLOYMENT OPPORTUNITY 15.1 All bidders will be required to comply with Equal Employment Opportunity Contract Compliance of the City of Lubbock. 16.0 TERMINATION FOR CONVENIENCE OF THE CITY 16.1 The performance of the work under this contract may be terminated by the City in whole, or from time to time in part, in accordance with this section, whenever the City shall determine that such _ termination is in the best interest of the City. Any such termination shall be effected by the issuance of a thirty day notice of termination, through certified mail, to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretion. 16.2 Nothing contained in this section shall limit or alter the rights which the City may have for — termination of this contract under item 9.0 hereof entitled "Contractor Default; City's Right to Suspend Work and Annul Contract" or any other right which City may have for default or breach of contract by Contractor. 16.3 City shall equitably compensate Contractor in accordance with the terms of this Contract for the Services properly performed prior tot he date specified in such notice, following inspection and acceptance of same by City's Director. Contractor shall not, however, be entitled to lost or anticipated profits should City choose to exercise its option to terminate. 17.0 TAXES 17.1 The Contractor shall pay all Federal, State and local taxes which may be chargeable against the performance of the work. 18.0 LAWS ORDINANCES AND PERMITS 18.1 The Contractor shall at all time observe and comply with all Federal, State and local laws, ordinances, orders, and regulations of the Federal, State, County or City governments. 18.2 The submission of a bid on the work shall be considered as a representation that the bidder is familiar with all Federal, State, and local laws, ordinances, and regulations which affect those engaged or employed in the work, or equipment used in the work, or which in any way affect the 26 7, RFQ # 13044, Solid waste Collection Service, District 3 Addendum 07 conduct of the work, and no plea of misunderstanding will be considered on account of ignorance thereof. 18.3 The Contractor shall obtain at his (its) own expense, all permits and licenses required by law or ordinances and maintain same in full force and effect throughout the term of this contract. 19.0 CITY'S RIGHT TO TEMPORARELY SUSPEND WORK 19.1 The City shall have the right by written order to temporarily suspend the work, in whole or in part, whenever, in the judgment of the City, such temporary suspension is required: 19.1.1 In the interest of the City generally, 19.1.2 Due to government or judicial controls or orders which make performance of this contract temporarily impossible or illegal; 19.1.3 To coordinate the work of separate Contractors at the job site; 19.1.4 To expedite the completion of a separate contract even though the completion of this particular contract may be thereby delayed; 19.1.5 Because of weather conditions unsuitable for performance of the work; 19.1.6 Because the Contractor is proceeding contrary to contract provision or has failed to correct conditions considered unsafe for workmen. 19.2 The written order of the City to the Contractor shall state the reasons for suspending the work and the anticipated periods for such suspension. Upon receipt of the City's written order, the Contractor shall suspend the work covered by the order. The Contractor shall not suspend the work without written direction from the City and shall proceed with -the work promptly when notified by the City to resume operations. 19.3 No additional compensation shall be paid to the Contractor for such suspension under Item 19.1 above or otherwise where same is caused by fault of the Contractor: Where such temporary suspension is not due to the fault of the Contractor, he shall be entitled to: 19.3.1 An equitable extension of working time for the completion of the work, not to exceed the delay caused by such temporary suspension, as determined by the City; and 19.3.2 Where the Contractor elects to move equipment from the area site and then return it to the site when the work is ordered resumed, the actual and necessary costs of these moves, in an amount determined by the City. 20.0 SUPERVISION BY CONTRACTOR 20.1 The status of the Contractor is that of an independent Contractor under Texas law and the work under this contract shall be under the direct charge and superintendence of the Contractor. Except where the Contractor is an individual and given his (its) personal superintendence to the work, the Contractor shall provide a competent superintendent or general foreman on the work at all times during progress with full authority to act for him. The Contract shall also provide an adequate staff for the coordination and expediting of his (its) work. The foreman may not be a working foreman operating a refuse collection vehicle as part of his or her main job duties/functions. r 27 RFQ 1113044, Solid Wade Collection Service, District 3 Addendum #7 20.1.1 The superintendent and staff shall be satisfactory to the City. The superintendent or general foreman shall not be changed during this contract except with the written _ consent of the City or unless the superintendent or general foreman proves unsatisfactory to the Contractor and ceases to be in his (its) employ. 20.1.2 If the superintendent should be or become unsatisfactory to the City, he shall be removed by the Contractor upon written direction of the City, and in such event, the Contractor shall not be entitled to file a claim for any additional working time or money from the City. 20.2 The Contractor shall employ only competent, efficient workmen and shall not use on the work any unfit person or one not skilled in the work assigned to him; and shall at all times maintain good order among his (its) employees. 20.2.1 Whenever the City shall inform the Contractor in writing that, in his (its) opinion, any employee is unfit, unskilled, disobedient or is disrupting the orderly progress of the work, such employee shall be removed from the work and shall not again be employed on it. 20.2.2 Under urgent circumstances, the City may orally require immediate removal of an employee for cause, to be followed by written confirmation. 21.0 ISSUANCE OF WORK ORDER AND WORK COMPLETION - 21.1 Following execution of the Contract, the City shall issue a Work Order to the Contractor, advising that the Contract has been accepted and that the Contractor shall begin work within ten— (10) days from the date specified in the Work Order. All work shall be completed in the period specified in Contract: 21.2 If the Contractor encounters any delay occasioned by the City's temporary failure or inability to obtain right of way or portions of the Project site, or is delayed by the relocation or removal of any of the utilities, or other installations of similar kind, the Contractor shall not be entitled to any claims for damages by virtue of said delay. 22.0 INCREASED OR DECREASED QUANTTTIES OF WORK 22.1 The City reserves the right to make changes in the quantities of the work, as may be considered necessary or desirable, and such changes shall not be considered as waiving or invalidating any conditions or provisions of the contract or bonds. The Contractor shall perform the work as altered, whether increased or decreased, and no allowances shall be made for anticipated profits. 22.2 Changes in work may come about from the removal of a right -of --way as a dedicated street. These changes may be either prime network or other categories. 22.3 The City reserves the right to decrease the work under this contract. Payment to the Contractor for the contract items shall be made for the actual quantities of work performed and material furnished at the unit prices set forth in the contract, except as provided below. 22.4 When the quantity of work to be done or of material to be furnished under any item of the contract is more than 125 percent of the quantity stated in the contract, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work above 125 percent of the quantity stated in the contract. 28 RFQ #13044, solid waste Collection Service, District 3 Addend= as 22.5 When the quantity of work to be done or of materials to be furnished under any item of the contract is less than 75 percent of the quantity stated in the contract, then either party to the �^ contract, upon demand, shall be entitled to negotiate for revised consideration on the work L ; performed. 22.6 Any revised consideration shall be paid for as is hereinafter provided mnder 22.2. The foregoing notwithstanding, the total original contract amount shall not be increased more than 25 percent d 23.0 RESERVATION OF RIGHTS 23.1 It is hereby reserved to the City every right and power which is required to be herein reserved or provided by any ordinance of the Charter of the City and the Bidder agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights or powers, heretofore or hereafter enacted or established 23.2 The awarding of a contract as provided for herein shall not constitute a waiver or bar to the exercise of any governmental right or power of the City. 23.3 No right or exemption shall be granted to the Bidder except those specifically described herein. 24.0 INDEMIVIITY Contractor agrees to defend, indemnify and hold City, its officers, agents, and employees, harmless �, against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought that may arise out of or be occasioned by Contractor's intentional or negligent breach of any of the terms or provisions of the Contract, or by any other negligent or strictly liable act or omission of Contractor, its officers, agents, employees or subcontractors, in the performance of this Contract, except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of City, its officers, agents, employees or separate contractors, and in the event of joint and concxlrring responsibility of the Contractor and the City, responsibility, if any, shall be apportioned comparatively in accordance with the law of the State of Texas, without waiving any governmental immunity available to the City r• under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, ` contractual or otherwise, to any other person or entity. 25.0 PROPERTY DAMAGES 25.1 Contractor shall be responsible for the repair and/or replacement of any damages to public or private property during the operation of containerized SOLID WASTE COLLECTION SERVICE and caused by the Contractor or the Contractor's representative. 25.2 Repair and/or replacement of property includes, but is not limited to, fends, gas meters, and water meters. 25.3 The final decision on liability shall be determined by the City of Lubbock Safety Department. 26.0 STREET AND ALLEY USE PERMIT FEE 26.1 Contractor shall pay the City of Lubbock an annual Street and Alley Use Permit Fee to assist the City in the maintenance of city streets and alleys. 29 1 RFQ #13044, Solid Waste Collection Service, District 3 Addendum #8 26.2 The Street and Alley Use Permit Fee will equal three percent (31%) of gross revenues for waste collections under this contract. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC 27.1 The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded m accordance with the "Manual of Accident Prevention m Construction" of Associated General Contractors of America, except where incompatible with — federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, +lgentc and employees from all suits, actions, or claims of any character whatsoever, brought for or on — account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorneys fees. — 27.2 The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $2,000,000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard 30 r� RFQ # 13044. Solid W&te Collection Service, District 3 Addendum #7 Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "e waived) The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows: For bodily injuries, including accidental death and or property damage, 2,000,000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than, Bodily Injury/Property Damage, $2,000,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. .. D. Builderds E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $5.000.000 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on MA with Employers Liability of at least $500,000 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate ` of authority to self -insure issued by the commission, or a coverage agreement (T'WCC- ,,� 81, TWCC-82, TWCC-83 or MCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. rDuration of the project - includes the time from the beginning of the work on the project F 31 RFQ #13044, Solid Waste Collection savior, District 3 Addendum #7 until the contractors/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 0406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the contractors current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage v ith the governmental entity showing that coverage has been extended. — 5. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entitywill have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends, during the duration of the project. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing ' services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a _ person may verify coverage and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on the project, to: 32 l RFQ #13044, Solid Waste Collection Service, District 3 Addendum #7 r (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory !' requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, t (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, With the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach r from the governmental entity. G. Proof of Coverage "' 33 RFQ #13044, Solid Waste Collection Service, District 3 Addendum #7 Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an _ authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. _ (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 34 RFQ #13044, Solid Waste Collection Service, District 3 Addendum #7 r .•-� (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persona providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance, This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee," "Call the Texas Workers' Compensation Commission at SIZ1440--3789 to ° receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the language •- in subsection (e) (3) of this rule; (iv) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; r- (v) obtain from each other person with whom it contracts, and provide to the contractor: E. 35 1 RFQ #13044, Solid Waste Collection Service, District 3 Addendum #7 (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (ID, with the certificate of coverage to be provided to the person for whom they are providing services.. r RFQ 013044, solid waste Collection service, District 3 Addendum #7 r ^ EXHIBIT "1" CONTRACTOR'S INFORMATION REPORT The information provided herein is in conjunction with our company's bid for Bid No. 13044, to the City of Lubbock. NAME OF BIDDER BROWN ING-FERRIS, INC. ADDRESS 405 30TH STREET CITY, STATE, ZIP LUBBOCK, TX. 79404 A. EQUIPMENT FACILITIES 1. Is your repair and yard facility at the above address? X yes no TELEPHONE (806) 763-8124 CONTACT ROSS HARBAUGH TITLE BUSINESS DEV. 2. If not, state the address of your yard and repair facility. 3. Complete the following list of presently owned or leased equipment now in use. REFUSE VEHICLE MAKE CUBIC YD TYPE (e.g. side -loader) "R YEAR MODEL CAPACITY a. 1985 FORD 33 SIDE -LOADER r 1 b. 1985 FORD 30 SIDE -LOADER C. 1983 FORD 30 SIDE -LOADER t d. 3-1984 FORD N/A ROLL -OFF e, 1995 MACK 27 FRONT -LOAD f. 1992 PETERBILT 27 FRONT -LOAD r `PETERBILT G: g 1991 27 FRONT -LOAD h, 2-1988 MACK 33 FRONT -LOAD i. 1980 MACK 33 FRONT -LOAD 2-1993 FORD 33 SIDE -LOADER k. 1994 FORD 33 SIDE -LOADER i 37 r„ RFQ #13044, Solid Waste Collection Savior, Disuia 3 Addendum #7 1. . 1992 FORD 33 SIDE -LOADER M. 1990 FORD 33 SIDE -LOADER n. 2-1985 FORD 33 SIDE -LOADER PICKUP TRUCKS MAKE YEAR MODEL 1994 CHEVY GALLONS CAPACITY 1/2 TON NONE 1992 FORD 1/2 TON 1987 CHEVY 1/2 TON 2-1986 FORD 1/2 TON DUMP TRUCKS MAKE CUBIC YD MODEL CAPACITY OTHER YEAR MAKE MODEL DESCRIPTION 1 1990 FORD TRACTOR MEDICAL WASTE 1 1988 FORD TRACTOR MEDICAL WASTE 4. If your company is the successful bidder for Bid No. 13044, list the additional equipment you will purchase to execute the contract. Indicate new (N) or used (U) equipment after Year. YEAR (N/U) MAKE/MODEL CAPACITY (Gal./Cu. Yd.) APPROX. COST 4-1995(N) FORD/PAK-MOR 34 YD. $130,000 EA. 1995(N) FORD OR CHEVY/P.U. 1 TON $ 25,000 1995 TRAILER W/HOIST $ 10,000 FINANCIAL INFORMATION YES NO 1. Are current quarterly financial statements available? X 2. Is a certified public audit available for your preceding fiscal year? X 3. Have you or any major stockholder (owner of 10% or more of the outstanding stock) ever filed bankruptcy? X 4. State the name and address of your bank account. BOATMAN'S FIRST NATIONAL SANK I-40 A GRAND AMARILLO,-TEXAS 39 RFQ #13044, Solid Waste Collection Service, District 3 Addendum 117 .^ C.. MUNICIPAL AND STATE WASTE CQLLECTION EXPERIENCE 1. State all municipal and/or State waste collection contracts your company completed between January 1,1989 and July 31,1994. (CONFIDENTIAL INFORMATION) DATES OF SERVICE $ VALUE DATE CONTRACTING ENTITY FROM TO OF CONTRACT COMPLETED CITY OF BEAUMONT 2/92 2/95 500,000 2/95 CITY OF SAN BENITO 12/92 10/97 723,000 10/97 CITY OF MISSION 2/82 2/99 716,600 2/99 2. State all cmcnt municipal and/or State waste collection contracts your company is performing at the present. if none, enter "none". (CONFIDENTIAL INFORMATION) CONTRACTING ENTITY DATES OF SERVICE S VALUE DATE FROM TO ' OF CONTRACT COMPLETED ~` CITY OF HOUSTON 6/89 6/95 2,500,000 6/95 CITY OF BAYTOWN 3/91 3/97 800,000 3/97 CITY OF SUGARLAND 10/90 10/96 750,000 - 10/96 D. MANAGEMENT r List the names and a brief description of the waste collection experience of the management personnel of your company who will be directly involved with the management and supervision of this contract. NAME KEVIN GORMAN DISTRICT MANAGER—KEVIN HAS ELEVEN (11) YEARS OF EXPERIENCE IN THE SOLID WASTE INDUSTRY, EIGHT (8) YEARS WITH BFI IN THE WASTE COLLECTION INDUSTRY. NAME DAMACIO DELEON FACILITY MANAGER—DAMACIO HAS BEEN WITH BFI SINCE 1984 MANAGING OUR LUBBOCK WASTE COLLECTION OPERATIONS. 7 s r.., 39 RFQ #13044, Solid Waste Collection Service, District 3 Addendum #7 NAME ROBERT LARA OPERATIONS & SAFETY MANAGER-ROBERT HAS BEEN INVOLVED WITH THE WASTE COLLECTION OPERATIONS WITH BFI SINCE 1983. WORK PLAN Describe in detail how you will prosecute the SOLID WASTE COLLECTION SERVICE detailed in these specifications.' Include in your description the function of all equipment to be used. BROWNING-FERRIS,'INC. (BFI) WILL UTILIZE FOUR NEW PAK-MOR SIDE -LOADER TRUCKS TO COLLECT ALL OF THE CONTAINED SOLID WASTE IN DISTRICT 3. ROUTE LISTS WILL BE PROVIDED WITHIN FIFTEEN (15) DAYS AFTER THE CONTRACT IS AWARDED. BFI WILL _ USE A NEW 1 TON PICKUP WITH HOIST AND TRAILER TO COLLECT THE UNCONTAINED WASTE. ALL UNCONTAINED WASTE WILL BE SECURED IN ROUTE TO THE LANDFILL. THE NEIGHBORHOOD CLEANUPS WILL _ BE ACCOMPLISHED BY SETTING ROLL -OFF CONTAINERS AT -AGREED UPON SITES WITHIN THE NEIGHBORHOODS. FLIERS WILL BE DISTRIBUTED TO NOTIFY RESIDENTS OF THE CLEANUP. ALL SOLID WASTE WILL BE DISPOSED OF AT THE CITY OF LUBBOCK LANDFILL OR AN ALTERNATE TNRCC APPROVED FACILITY WITH THE APPROVAL OF THE CITY OF LUBBOCK. I- 40 RFQ #13044, Solid Waste Collection Service, District 3 Addcndum 97 CUSTOMER REFERENCES Users you have provided with this product or service. Please use comparable projects and government entities, if any. COMPANY NAME CONTACT NAME PHONE. NUMBER CITY OF F.RIONA PAULA WILSON (806) 247-2761 CITY OF BOVINA DORIS STRAWN (806) 238-1116 CITY OF GROOM DEBBIE ANTHONY (806) 248-7929 CITY OF CLAUDE BOBBY HARRED (806) 226-3261 CITY OF HAPPY PATRICIA SIMS (806) 558-2121 ADDITIONAL REFERENCES FURNISHED UPON REQUEST. 41 RFQ 41304.4, Solid Waste Collection Service, District 3 Addendum 97 AFFIDAVIT OF CORPORATION STATE OF TEXAS ) COUNTY OF JM� ) SS: bein duly sworn, deposes and says�ja he is LLe'! of the M40ar41146, AfW A,Ae corporation described in and which executed the foregoing statement; that the foregoing is a true and accurate statement of the experience of the corporation in public SOLID WASTE COLLECTION SERVICE and that the answers to the foregoing questions are true. `Si nat re Sworn to before me this 15* day of , 1995. SEAL: Notary Public Signature A"-I� & Date Commission Expires _. 42 RFQ #13044, Solid Waste Collation Service, District 3 i Addendum 97 f" NOTICE TO PROCEED TO: DATE: r- SERVICES: i a 5 k You are hereby notified to commence work in accordance with our Agreement dated . 19_ Please begin the work on or before 19f Solid Waste Department r' City of Lubbock, Texas l .- By: i Title ACCEPTANCE OF NOTICE TO PROCEED r Receipt of the above Notice to Proceed is hereby acknowledged by us this day of 19 a CONTRACTOR: s By: Title r k Address Telephone 43 RFQ #13044, solid waste Collection service, District 3 Addendum N7 EXHIBIT 2 SECTION 5 - DISCIPLINARY POLICIES, STANDARDS OF CONDUCT AND GRIEVANCE PROCEDURES 5.01 PHILOSOPHY AND PURPOSE. It is the intent of the City of Lubbock to compensate its employees fairly; to make all reasonable provisions for their safety and health; to provide adequate instruction and direction, necessary tools and equipment (except those customarily fumished by the employee); and to treat all employees with justice, dignity and respect. All employees are expected to work diligently and conscientiously for the benefit of the City as directed by their supervisors and maintain a high level of conduct both on and off the job. 5.02 SUPERVISION. Supervisors are charged with the responsibility for enforcing and maintaining proper standards of discipline and personal conduct among their employees, and are vested with discretionary authority to utilize the following steps and sequence of progressive discipline to enforce accepted standards of conduct and to improve unsatisfactory performance. These procedures also apply to Civil Service employees of the Policy and Fire Departments except as specifically superseded by local Civil Service rules and other applicable laws. The progressive discipline steps are: (a) Counseling (b) Verbal reprimand (c) Written reprimand (d) Suspension with or without pay. (Suspension with pay is only used in the vent all facts are not available and the employee must be moved or should be removed from the job until an investigation is completed. Such suspension will not normally exceed three (3) workdays must be approved, in writing, by the Director of Personnel). (e) Demotion M Dismissal 5.03 GROUNDS FOR DISMISSAL. The following offenses apply to all employees and are grounds for the imposition of one or more of the steps in the chain of progressive discipline up to and including dismissal. If action is sufficiently detrimental to department operations or City services (as determined by the department head) the employee may be dismissed. (a) Unsatisfactory Attendance. Excessive or unauthorized absences and/or tardiness. (b) Unsatisfactory Performance. Inability or unwillingness to satisfactorily perform assigned work. (c) Indifference Toward Work. Inefficiency, loafing, carelessness, failure to remain at work, performing personal business during working hours, abuse of eating and/or rest periods, sleeping or otherwise being inattentive during working hours, interfering with the work of others, mistreatment of the public or other employees, leaving work without permission. (d) Insubordination. Willful failure or refusal to perform assigned work or to fully comply with instructions or orders from a supervisor or other appropriate manager. NOTE: (1) If an employee believes the instruction or order is improper, he/she should obey the order or instruction and question the order later. This practice does not apply to imminently dangerous situations. 44 r� RFQ #13044, Solid Waste Collection Service, District 3 Addendum #7 (2) If an employee believes an instruction or order, if followed, would result in personal r injury or damage to City equipment, he/she should request approval by the next higher level of supervision before performing the work. �.., (e) Violation of Safety Rules. Smoking in prolubited areas; improper removal of safety guards, fire extinguishers, or other equipment designed to protect employees; failure to use safety equipment or to follow safety practice rules; failure to report an on-the-job injury, vehicle accident, or an unsafe condition. (f) Dishonesty. Stealing City property or taking the property of other employees without proper authorization; misuse of City or employee funds; cheating; forging or willfully falsifying official City reports, records, or documents; misuse of paid leave of absence or any other falsifying action detrimental to the City or fellow employees. (g) Disturbance. Fighting, using profane, abusive or threatening language; horseplay; rowdyism; causing injury to a fellow employee through deliberate action or gross negligence; spreading false reports or otherwise disrupting harmonious relationships among employees. (h) Abuse of Drugs or Alcohol. Reporting to work in an unfit condition by being under the influence of or taking intoxicants, or controlled substances such as marijuana, narcotics or drugs of any kind; possessing intoxicants or controlled substances such as marijuana, narcotics or dangerous drugs on City property or in City vehicles. (i) Misuse of City Eouivment or Services. Using or providing any City equipment, credentials, or services for other than official City business or without property authority. (For example, using a City vehicle or City equipment for personal use). P 0) Sabota e. Deliberate damage or destruction of City equipment or property; altering, removing or destroying City records; advocacy of, or participation in unlawful trespass or seizure of City Y property; encouraging or engaging in slowdowns, sit-ins, strikes or any other concerted effort to limit or restrict City employees from working. (k) Misconduct. Any criminal offense or other misconduct including lewd and immoral conduct during or after working hours, which could have an adverse effect on the City or the confidence of the public in the integrity of the City government, or on the relationship of the employee and other employees, or repeated convictions for misdemeanor charges such as speeding, reckless t driving, or accident involving injuries to persons or damage to property or equipment. (1) Conflict of Interest. Engaging in an activity that conflicts with the interests of the City of Lubbock. (m) job Abandonment. Being absent from work for three (3) consecutive working days without t properly notifying the supervisor and.obtaining his/her approval or consent. 1 (n) Conduct. Actions or behavior detrimental to the preservation of good order and discipline. 5.04 STANDARDS OF CONDUCT. Employees in the municipal organization are "Good Will Ambassadors" of the City of Lubbock. This status involves a degree of duty and obligation regarding public and private P. conduct not found in other areas of employment. The attitude and deportment of City employees must be « such as to promote good will and a favorable attitude by the public toward the City Administration, its r� programs and policies. These standards include: r r- 45 RFQ #13044, Solid Waste Collection Service, Dishier 3 Addendum #7 (a) No employee shall accept any gift, or favor from any citizen, person, firm, group, corporation, or another employee that might reasonably be expected to influence him/her in the discharge of his/her official duties, or grant any improper favor, service or thing of value in the discharge of his/her official duties. (b) No employee shall use his/her official position to secure benefits, privileges, or exemptions for himself/herself or others. (c) No employee shall grant any special consideration, treatment, or advantage to any citizen, person, firm, group or organization beyond that which is normally available to every citizen, person, firm, group, or organization. 46 MOTOR CARRIER SAFETY COMPLIANCE MANUAL Ir" In addition to the extent of applicability discussed here, there are some specific exceptions or variations in the requirements for driver qualification contained in Part 391. However, it is BFI's policy that all drivers r" engaged in the transportation of Hazardous Materials be qualified. RESPONSIBILITIES The requirements of the Federal Motor Carrier Safety Regulations place certain responsibilities for compliance with the regulations .on both the company and the driver. Where the driver is charged with compliance with a requirement, Section 390.11 makes the company responsible for requiring driver compliance. Sec. 390.11 Motor carrier to require observance of driver regulations. r• "Whenever in Part 325 of Subchapter A or in this subchapter a duty is prescribed for a driver or a prohibition is imposed upon the driver, it shall be the duty of the motor carrier to require observance of such duty or prohibition. If the motor carrier is a driver, the driver shall likewise be r bound." i This charging of the company with requiring driver compliance places special emphasis on our responsibilities, and in the case of driver qualification, BFI can be cited for "permitting" (or allowing) driver non-compliance. r QUALIFECA '@DRS 4 The purpose of the Federal Motor Carrier Safety Regulations is to promote safety of operations on the Nation's highways, not only for the general driving public but also for BFI and our drivers. The use of qualified drivers to operate motor vehicles engaged in the transportation of property is one of the most important steps toward this goal. The qualifications prescribed for drivers subject to these regulations include those areas which have r been found to be of primary significance in providing safety conscious drivers for the motor carrier I k industry. The regulations specify a driver to be qualified to drive a motor vehicle if he: 1. Is at least 21 years old; 2. Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inqui- vies, and to make entries on reports and records; 3. Can, by reason of experience, training, or both, safely operate the type of motor vehicle he drives; 4. Can, by reason of experience, training, or both, determine whether the cargo he transports has been properly located, distributed, and secured in or on the motor vehicle he drives; 5. Is familiar with methods and procedures for securing cargo in or on the motor vehicle he drives; 6. Is physically qualified to drive a motor vehicle in accordance with Sec. 391.41; r7. Has been issued a currently valid commercial motor vehicle operator's license issued only from one State or jurisdiction, except whenever a State law enacted on or before June 1, 1986, re- PERSONNEL-3 12/93 f"' Candsuccess tion in this manual is the property of Browning -Ferris Industries. Inc_, Houston, Texas. and is to be used only In connec- conduct of the business of BFI and/or its subsidiary companies. No part of the information is to be copied or transferred r person. The information comained herein is proprietary and confidential information directly relating to tho profitability of BFI and its subsidiary companies. i^ 3 r MOTOR CARRIER SAFETY COMPLIANCE MANUAL r quires such person to have more than one driver's license. This exception shall not be effective after December 31, 1989; ' 8. Has prepared and furnished the motor carrier that employs him with the list of violations or the certificate as required by Sec. 391.27; 9. is not disqualified to drive a motor vehicle under the rules in Sec. 391.15; 10. Has successfully completed a driver's road test and has been issued a certificate of driver's road ^„ test in accordance with Sec. 391.31, or has presented an operator's license or a certificate of road test which the motor carrier that employs him has accepted as equivalent to a road test in I accordance with Sec. 391.33; r 11. Has taken a written examination and has been issued a certificate of written examination in accor- dance with Sec. 391.35, or has presented a certificate of written examination which the motor carrier that employs him has accepted as equivalent to a written examination in accordance with r Sec. 391.37; and ' 12. Has completed and furnished the motor carrier that employs him with an application for employ- ment in accordance with Sec. 391.21. (Sec. 391.11(b)) The Administration of a driver qualification program is the responsibility of the company. All person- nel charged with the responsibility for administering the company's driver qualification program should make certain each driver qualifies under each of the twelve requirements, unless otherwise excepted. 4 Of course there is a sound safety basis for the inclusion of each of these regulations, and from the company's standpoint, making certain the drivers are fully qualified is required. Accidents are costly, and good drivers have fewer accidents. ONE DRIVER'S LICENSE A driver is allowed to possess only one commercial vehicle driver's license, and that one must be from his state of residence. Standards have also been issued by the Federal DOT for testing and licensing drivers. These stan- dards apply to all operators of trucks weighing more than 26,000 pounds, to drivers of vehicles de- signed to transport more than 15 people, and to drivers of vehicles that transport placarded hazardous materials. These standards can be found in Part 383. !"' The DOT has allowed the states to grant waivers from the driver licensing standards to certain farm vehicle operators. Farm vehicle operators eligible for the exemption must be controlled and operated by a farmer, used to transport agricultural products, farm machinery or farm supplies to or from the farm, not used in for -hire or contract carrier operations, and driven no further than 150 miles from the f home. States may also grant waivers to firefighters and military personnel. Each state is required to develop and implement its driver testing and licensing program according 7 to the standards. Each state has the discretion to "grandfather" selected operators who have already demonstrated their ability to safely operate the vehicle. The knowledge test will have no fewer than 30 questions and applicants must have a passing grade r` of 80 percent. Applicants must also demonstrate their driving skills by passing a driving test in a vehicle representative of the type they intend to operate. Operators must take and pass the appropriate knowl- edge and skills tests by April 1, 1992. 7 PERSONNEL-4 12/93 The Information In this manual is the property of Browning -Ferris Industries, Inc.. Houton, Texas, and is to be used=connec- .ontwith the conduct of the businoss of BFI and/or Its subsldiary companies. No part of the Irrtormation is to be copitoany other person. The information contained herein is proprietary and corrfidenfial information directly reWing t and success of BFI and its subsidiary companies. �I.T►IY��:C�11�i'S3.It:�► i 351 MANUFACTURING COMPANY 112.7 S.E. MILITARY Dnivr • P.O. BOX 14147 • SAN ANTONIO, TEXAS 7,9-91.1 • TELEPFIONr (210) 923-1:317 • TELEX 76-7429 • FAX: (210) 9=47W November 30, 1994 FAX: (806) 376-1832 Denny Graham Browning -Ferris Industries P. 0. Box 32310 Amarillo, TX 79120-2310 Denny: In regards to the City of Lubbock bid specification, if BFI is the successful bidder for the City of Lubbock, PAIZ-MOR will supply the 11 trucks required to service the contract. RWrds,ttoti-o Carter Thurmond CT:ch { WASTE REFUSE I'ACKrR norm-, • TRAILI{I:S. SYSTEMS SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERIC r. FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 Bond No. 582 92 65 PERFORMANCE BOND KNOWALL BY THESEPRESEN7S, That we, Browning —Ferris, Inc. 405 30th Street, Lubbock, TX 794o4-1519 (hereinafter called the Principal), as Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation duly organized under the laws of the State of Washington (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Lubbo _k P.O. Box 2000, Lubbock, Texas 79457 , (hereinafter called the Obligee), in the sum of One Million Three Hundred Six Thousand Five Hundred Fifteen and No/100 — — — — — — — — — — (S 1,306,515.00 ) Dollars, for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 19th day of May , 19�91. WHEREAS, said Principal has entered into a Contract with said Obligee, dated May 19, 1995 , for solid waste collection for the term 5/19/95 to 5/19/96. 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 OBLIGATIONIS 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 Principal 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 Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. BOND CHECK BEST RATING A4- UCENSq IN ERAS � BATE 8Y Counters fined Bp: 71 B. R. Goodenough Texas Resident Agent k ;! Browning —Ferris, Inc. Principal By 'lr- K n Gorman, Vice President SAFECO INSURANCE COMPANY OF AMERICA By Nancy N44, Atto n -in-Fact S/ ADDITIONAL INSURED ENDORSEMENT Date: 5 / 19 / 95 Attaching to and forming a part of Certificate of Insurance issued to: CITY OF LUBBOCK The above named Certificate Holder Is added as an Additional Insured tb: General Liability Policy: x RMGL 121-1065 - TX RMGL 121-1064 - ALL OTHER Excess Liability #3089766 and state certified Self-insurance Automobile Liability to the extent of the liability assumed by the Named Insured under *'the contract between the Certificate Holder and the Named Insured pursuant to which this certificate 'is issued; however, the Certificate Holder shall not be included as an Additional insured ' to the --extent of their Wilful misconduct, negligence or omissions. i4%w4 e�- A-A-o Michael B. Dennis Authorized Representative National Union Fire of Pittsburgh, PA PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS TECVCERI ODEBEfELDOES N07 AMEND, EXTEND OR ALTERSEDGWICK JAMES of GEORGIA INC. HOERAAGEE A AFFORDED BY THE POLICIES BELOW. 3333 Peachtree Rd., N.E. #500 COMPANIES AFFORDING COVERAGE Atlanta, Ga. 30326 COMPANY A National Union Fire of Pittsburgh, Pa. INSURED LETTER COMPANY B State Certified Self Insurer BROWNING-FERRIS INC. LETTER 405 30TH STREET COMPANY C LUBBOCK, TEXAS 79404 LETTER COMPANY D LETTER COMPANY E LETTER This is to certify that polices of Insurance fisted below have been Issued to the insured named above and are In force at this time. Notwithstanding any reUrement, term or condbon of any contract or other document with respect to which this certificate may be Issued or may pertain, the Insurance afforded by the polices described herein Is subject to all the terms, exclusions and corxjifions of such policies. CO. LTR. TYPE OF INSURANCE POLICY NUMBER POLICY DATE Limits of Liability In Thousands (000's) EFF. EXP. I, GENERAL LIABILITY GENERAL AGGREGATE $ 0 X COMMERCIAL GENERAL LIABILITY RMGL 1211065 TX PRODUCTS-COMP/OP AGG. $ 2,500 A i1 CLAIMS MADE X OCCUR. 5/1/95 5/1/96 PERSONAL & ADV. INJURY $ 2,500 X OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 2,5500 X CONTRACTUAL LIA. RMGL 1211064 ALL OTHER FIRE DAMAGE (Any one fire) 50 MED. EXPENSE (Any one person) $ 5 4 AUTOMOBILE LIABILITY COMBINED SINGLE $ 5,000 X ANY AUTO LIMIT X ALL OWNED AUTOS STATE CERTIFIED BODILY INJURY $ B X SCHEDULED AUTOS 5/1/95 5/1/96 (Per person) X HIRED AUTOS SELF INSURER BODILY INJURY i X NON -OWNED AUTOS (Peracddent) GARAGE LIABILITY PROPERTY DAMAGE t EXCESS LIABILITY EACH OCCURRENCE t 7,500 A X UMBRELLA FORM 3089766 5/1/95 5/1/96 AGGREGATE $ 7,500 OTHER THAN UMBRELLA FORM 6 WORKER'S COMPENSATION STATUTORY LIMITS AND STATE CERTIFIED EACH ACCIDENT $ 2,500 EMPLOYERS'LIABILITY SELF INSURER DISEASE -POLICY LIMIT t 2,500 B 5/1/95 5/1/96 DISEASE -EACH EMPLOYEE $ 2,500 A EXCESS WORKER'S RMWC0174106 5/1/95 5/1/96 STATUTORY LIMITS COMPENSATION k OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESJSPECIAL ITEMS X SEE ADDITIONAL INSURED ENDORSEMENT ATTACHED DATE ISSUED: CANCELLATION: NAME AND ADDRESS OF CERTIFICATE HOLDER SHOULD ANY -OF. THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE -EXPIRATION DATE THEREOF, THE ISSUING COMPANY CITY 0 F LUBBOCK WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL POST OFFICE BOX 2000 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE LUBBOCK, TEXAS 79457 COMPANY, ITS AGENTS ORREPRESENTATIVES. AUTHORIZED REPRESENTATIVE Certificate Holder (White) District Fife (Yellow) Houston Risk Mgrn't. (Pink & Greon) C96 eR a POWER SAFECO INSURANCE COMPANr of AIrEa1CA GENERAL INSURANCE COMPANY OF AACRICA OF ATTORNEY MOMS OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON e8195 5252 4OW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ■■■tsa•eGARY;D. EKLUND; BARBARA S. MACARTHUR; HARRY G. STEVENS. JR.; ABBIE H. BROWN; K. E. MACARTHUR; NANCY NIX; RONALD A. SANTANIELLO; LESA A. SHACKLETT. Atlanta, Georgiaeaeefaeeae■■aes Its true and lawful attorney(s)-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business. and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents INS 15 t h day of June , 1994 . CERTIFICATE t Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA ../� and of GENERAL INSURANCE COMPANY OF AMERICA: i ticle V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice resident appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided. however. I that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 213. 1970. -On any certificate executed by the Secretary or an assistant secretary Of the Company setting out. (1) The provisions of Article V. Section 13 of the By -Laws. and 00 A copy of the power -of -attorney appointment. executed pursuant thereto, and DID Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsirtwle thereof' l R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations. and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By -Laws. the Resolution and the Power of Attorney are still in full force and effect. r IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimile seal of said corporation A INS 14th day of March i -- I S-e74/EP V93 G) Registered trademark of SAFECO Corporstior4 I MF119R 10 '95 04:14PM BFI-SWR ACCOUNTING MAN Z Ai' [ omm"V a '^' SR4WNING-�'�RR=8, ZNC. f DATE OS TUCn�vo n�e+lrnrat 09/09/74 Perpetuala Yes 9/30 Bubeidiary xn�o ' BTATE or Delaware mm=Ts[b D&TEI l2/16 POP �ITTSiTtJ�!�t�k 7.D�R�'gS a $80 Wastlake Parx $lvd. " suita Z000 Regiont southern Houston, Texas 77079-2609 I.R.b. No.t 74-%SC1724 � Hs3�ffiS. e1��,Ds4�c P.O. Sox 79622 Houston, Texas 77279-9622 r u&M ANQ A1212BER—ems R x= si n &OEM a The Corporation Truet Company Ccrporat3,on Truest Canter 1209 Orange attest Wilmington, Delaware 19BOI =T]: f j3I WHI= Tt, TT�SF= � ? B F-QRE2eN CD Po TSox "A AG=1 t CCTHCorporation49y�st4m The ocorporatioxz/Company ,211 Dallas Avenue 735 Firest National Duildtnq Houston, Texas 77002 Oklahoma Oity, Oklahoma 73102 r (Taxas Charter No. 036476-6) L9SII J=A 04/25/76 0A3Z-I4*XL= 06/00/77 CT Corporation systems The corporation Coznpany 6550 United Plana Boulevard 217 Want Manhattan Avenue =3atort Rouge, Louisiana 70809 Barite► Fe, Near Ma3,9100 07501 j oriesd: 105,000 Cozamon shares ^t ql par value Yeauedt 2,6.06 Cozaiaan shares at $Z par value /es3 s Browning-Ferrix lndustries f Yna. (Dal.) Gerald X. Burger r' CFb'=CERS 0 .7. rradoric3% Bnydar president Walter W. Gtona, Jr. Vice Prooldent Harley C. Brown vicar president Leander R. Bolhaid Vice president Parry M. Cavar vice President 6tapha:n D. Doss Viae President r„ N Uoseph R. Whelan vita president 7 Rev. 03/10/95 a mpIAR 10 '95 04:14PM BPI-SWR ACCOUNTING I FP.33 Eubsidiary YnSo Vaughn Hein2ra Jonathan C. Farley Algv*d Dibeens clalelyy Wabeatew Frederick T. 8tl21adt Richard H. breed Tbomms J. Mickey ammes W. Emkor, Jr. Alec 0. Young Hickey T. Shuford Randall 3C. FArm*r Ruxab&th x. lveers Jerry P. Martin Shelby LOW Larry 2. Gorwick gown Fields Dennia R. Grahart Thomas Nicholson Tots 0 Wright Phillip E. Hiesner Steven L. .7acoba Donald W. Flataher Michaeal, A. Archer Ann 8, Reeveas Todd btrong Cathy E. Henderson J. Gregory Muldoon ]KAr C L. SoVortson Mark L. Duncan Bobby Guidry Ants F . Hodge Raymond L. Ball Richard L. coons P^ul J. Schelat:ratea as mss O. H orteanstlne achn 0. Daichondt vary e7. van Rooyan Henry L. Hirveala earald X. Burger Eileen S. Schuler a-pi(DR) RQv. 03/10/95 via^ president Vice President Vizee President Vice President Vice president Vide President Vice President VIC* 3'rasident Vica president Vice prasident Vice president vice prast4ont/Aeemiotant Vic. preomident Vice President Vice! ProoLdent Vica rresid&nt Vice president Vice President Via^ pr*,eident Vica President Viaa President Vice Freenideant Vice Pr&sident Vice prosident Vice. Preesidant Vic* President View President Vice president Vine president VibK Praa 1dent Vice prosid*ne Vice Proxideent Vice President Vices president Vice President Vice Froaied®>zt/Aseciatant Vice President/AWGIOZAnt. Via& pr®sident/TrAsesurRr Vice president/Secrotary 2Ldwlatant secretary - 2 '- sociratArY Secretary Secretary r yr u &.4I V SAF ECO INSURANCE COMPANIES ATLANTA DIVISION 1551 JULIETT ROAD. P.O. DRAWER A STONE MOUNTAIN. GEORGIA 30086 March 14, 1995 CONSENT OF SURETY City of Lubbock 1625 13th Street Room L-04 Lubbock, Texas T9401 TELEPHONE (404) 469.1111 RE: Browning -Ferris, Inc. Residential Solid Waste Collection and Disposal Gentlemen: We, Safeco Insurance Company of America P duly authorized to transact business in the.State of Texas understand that our client Browning -Ferris, Inc. has along with the Consent of Surety, submitted a proposal on the t captioned project. We hereby agree that in the event an award is made to Rroyni ng-Ferris, Tne _ , that we will provide Browning-, Perris, Tnc_ with a bond in such sum as is required in the advertisement or in the specifications. This commitment will remain in full force and effect for 90 days from March 14, , 19_9_5_, unless extended in writing by Sa_feco Tnsurance CQ==y of America Yours very truly, By • . • Rancy ix, Attor ey-in-fact SAFECO INSURANCE COMPANY OF AMERICA SAFECO LIFE INSuRANCE COMPANY GENERAL INSURANCE COLIP&NY OF AMERICA FOIST NATIONAL INSURANCE COMPANY OF AMERICA SAFECO NATIONAL INSURANCE COMPANY 7,