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Round Rock Refuse - 4/27/1987
/ ROUND ROCK REFUSE OUND ROCK EFUSE April 27,1987 Residential & Commercial Solid Waste Disposal P.O. BOX 987 • ROUND ROCK, TEXAS 78680 • (512) 255 -4980 Value of Services Provided at No Charge by Round Rock Refuse, Inc. Frontier Days 8 -3 yard dumpsters delivered, emptied three (3) times and picked up Fall Fest 4 -3 yard dumpsters delivered, emptied three (3) times and picked up Round Rock Little League 3 yard dumpster 5 pick /ups per week in season Sam Bass Theater 1 -30 yard Roll Off load Youth Soccer League Sertoma Club St. Williams Catholic Church Bazaar Total for Year City of Round Rock Services - Parks and City Buildings $748.70 per month - $8984.40 per year $230.00 116.00 679.00 145.00 417.60 50.00 50.00 $1687.60 APRIL 14, 1987 SLUDGE PULLS - WASTE WATER TREATEMENT PLANT Source: Billings - Round Rock Refuse MONTH YEAR NO. PULLS TOTAL BILLING May 1986 43 $:6,020.00 June 1986 31 4,340.00 July 1986 30 4,200.00 August 1986 23 3,220.00 September 1986 24 3,360.00 October 1986 28 3,920.00 November 1986 20 2,800.00 December 1986 27 3,780.00 January 3.987 17 2,380.00 February 1987 14 1,960.00 March 1987 21 2,940.00 * *April 1987 16 2,240.00 $41,160.00 ** Estimated - based on twice the number of pulls to date this month. Source: Waste Water Treatment Plants AVERAGE NO. PULLS AVERAGE BILLING 25 $ 3,430.00 APRIL 14, 1987 UNLEADED GASOLINE PRICES FOR THE.STATE OF TEXAS BASED ON SELF SERVICE PRICES Information obtained from American Auto Club (Surveys taken on holidays - 300 stations) Month Year Price Per Gallon April 1982 $1.17.9 April 1983 1.05.7 April 1984 1.12.7 April 1985 1.08.3 April 1986 .91.1 April 1987 .88.5 OUND ROCK EFUSE March 3, 1987 Gross billing as of 12 -31 -86 Less 20% to the City of Round Rock Income to Round Rock Refuse, Inc. Residential & Commercial Solid Waste Disposal P.O. BOX 987 • ROUND ROCK, TEXAS 78680 • (512) 255 - 4980 MONTHLY PROFIT & LOSS STATEMENT $58,354.35 - 11,670.87 $46,683.48 Projected gross billeing as of 7 -1 -87 $59,434.35 Less 20% to the City of Round Rock - 11,886.87 Income to Round Rock Refuse, Inc. $47,547.48 Note: Labor, Social Security and Worker's Compensation are 1987 values. Landfill cost is computed using refuse volume during fourth quarter 1986 at 1987 disposal prices. All other costs shown are during fourth quarter 1986. It may be assumed that these cost will rise with expansion of service. Fuel, for example, is currently 17.9% higher than average price during fourth quarter 1986. (1) LABOR COST: Residential Drivers & Loaders Net Foreman /Mechanical Net Commercial Driver Net Secretarial /Administrative Net (2) SOCIAL SECURITY COST - TOTAL 941 PAYROLL TAXES: Residential Drivers & Loaders Foreman /Mechanical Commercial Driver Secretarial /Administrative (3) WORKER'S COMPENSATION COST: Residential Drivers & Loaders Foreman /Mechanical Commercial Driver Secretarial /Administrative (4) FUEL COST: Residential only Commercial only (5) LANDFILL COST: Residential only Commercial only (6) UNIFORM COST: Residential only Commercial only $10,642.96 1,041.82 1,610.10 1,993.24 $ 3,236.31 398.36 535.15 864.26 $ 1,543.35 160.15 238.57 10.50 $ 1,318.57 598.59 $ 4,934.40 2,963.23 $ 366.17 24.79 Page 2 Monthly Profit & Loss Statement (7) Radio Cost: Commercial and Residential Combined (8) YARD RENT: Round Rock (9) UTILITIES (10) PICKUP TRUCK COST (11) MOBILE PHONE COST - Pickup (12) LICENSE PLATE RENEWAL FEES: Residential only Commercial only (13) LEGAL & ACCOUNTING COST: (14) ADVERTISING COST: (15) INSURANCE COST: Residential only Commercial only (16) TIRE PURCHASE COST - Residential & Commercial (17) TIRE REPAIR COST - Residential & Commercial (18) TRUCK PARTS PURCHASE COST - Residential only (19) TRUCK PARTS PURCHASE COST - Commercial only (20) TRUCK REPAIR COST - Residential only (21) TRUCK REPAIR COST - Commercial only (22) SHOP PARTS PURCHASE COST (23) SHOP PURCHASES - Commercial Container Maintenance (24) Commercial Container Storage Yard Rent (25) Debt Service, Truck Payments, & Lease Cost TOTAL MONTHLY COST NET LOSS 12 -1 -86 NET LOSS 7 -1 -87 March 3, 1987 Round Rock Refuse,Inc. $ 390.98 $ 595.00 $ 352.23 $ 328.48 $ 101.30 $ 234.72 55.81 $ 160.00 $ 34.49 $ 1,433.92 479.31 $ 1,195.00 $ 676.00 $ 561.40 $ 169.58 $ 1,477.02 $ 734.70 $ 436.24 $ 362.97 $ 352.00 $13.483.30 $56,094.97 $[9,411.49] $[8,547.52] Net Loss Book Value Insurance Recovery ROUND ROCK REFUSE, INC. PROFIT AND LOSS STATEMENT FOR NINE MONTH PERIOD ENDED MARCH 31, 1987 INCOME Service Fees & Charges $ 721,785.14 EXPENSES Salary & Wages Contract Services & Comm. Repairs Supplies Taxes & Licenses Payroll Taxes Disposal Costs Fuel & Truck Expense Equipment Rental Rent Insurance Interest & Bank Charges Legal & Accounting Utilities Office Expense Dues Advertising Freight Miscellaneous Uniforms & Road Expenses Loss on Wrecked Truck Depreciation (Estimated) Total Expenses Cost of Equipment Wrecked Less: Depreciation $ 248,228.86 11,704.90 85,592.98 3,672.10 10,488.51 23,145.94 169,729.41 39,748.21 28,950.51 12,653.86 64,435.79 31,641.07 4,825.91 7,106.65 8,911.76 387.00 9,476.14 240.24 1,112.84 2,439.14 28,602.52 56,000.00 849,094.34 $ c127 $ 61,052.52 22,450.00 38,602.52 10,000.00 Loss $ 28,602.52 1 4 ANALYSIS OF GARBAGE RATE CHANGE REQUEST Notes: 1. MONTHLY RESIDENTIAL PROFIT AND LOSS STATEMENT 2. Gross Income: 7,324 accounts 8 $6.00 $43,944.00 Less 20% for City billing 8,788.80 Income to Round Rock Refuse, Inc. $35,155.20 EXPENSES: 3. Labor 10,958.50 4. Social Security (941) 3,259.72 5. Worker's Compensation 1,054.06 6. Fuel 1,318.57 7. Truck Payments 10,596.46 8. Maintenance 6,137.72 9. Office Payroll 3,716.34 10. Landfill 4,691.77 Uniforms 586.84 11. Yard Rent 850.00 12. Utilities 503.18 13. Pickup (Including fuel) 469.26 14. Radios 519.08 15. License Plates 234.72 16. Legal and Accounting 200.00 Advertising 34.49 17. Insurance 1,433.92 Total Expenses: Net Loss: 1986 (RR REFUSE FIGURES) 1987 11,523.50 3,352.55 1,472.75 1,318.57 10,596.46 6,137.72 ?,716_.34 4,815.23 586.84 850.00 503.18 469.26 519.08 234.72 200.00 34.49 1,433.92 $46,564.63 $47,764.61 ($11,409.43) ($12,609.41) 1 Round Rock Refuse has 4 businesses with 8 trucks and shared facilities. Notes: 1. Includes residential service only - does not include $10,000 /mo. of Community & other customers of City of Round Rock. 2. Number of customers incorrect - and does not include growth. On 12/1/86 number of customers is 7503 and estimate growth at 10 per month. 3,4,5. Labor is based on 40 hr. week no matter if it takes less time other time is used to provide service to other than city customers. Mechanic wages are prorated at 80% to city although we only have 50% of the vehicles. 6. Fuel charges to City of Round Rock based on reviewing charge sheets based on driver signatures only, no truck numbers. Drivers could be driving other than city trucks. Does not reflect the reduced price of fuel from the original bid award. 7. Truck payments are totally fictitious. Was based on the estimated cost of a new 86 garbage truck multiplied times four trucks amortized @ 117, for five years. They are not making these payments now. This monthly cost should not bear on the cash flow at all. City trucks are models 1977,1983,1983,1984. 8. Maint. cost as shown are a combination of tire repairs. It is very difficult to assign these costs to city vehicles because the tickets did not have carbon annotations at the time of transaction. Almost all city serial numbers we added at a later date to assign cost to city. Tire repair was prorated 707. to city. 9. Office payroll is for Jim & Jan Stallings. These costs were not prorated to any other businesses. These were new costs since the original awarding of this contract. These are actually owner drawn and should be shown drawn against any any profit. 10. Based on landfill tickets drivers signatures which are assigned to city on that basis. 11,12,13,14. These costs were not prorated to their business operating out of this yard. At a minimum only 50% of these costs need to be prorated. 15. Direct costs. 16. Estimated costs - perhaps should be prorated. 17. Based on letter from insurance company. No copy of policy provided. of Notes: 1. MONTHLY RESIDENTIAL PROFIT AND LOSS STATEMENT 2. Gross Income: 7,324 accounts @ $6.00 Less 207. for City billing Income to Round Rock Refuse, Inc. EXPENSES: 3. Labor 10,958.50 11,523.50 10,900.00 4. Social Security (941) 3,259.72 3,352.55 3,184.00 5. Worker's Compensation 1,054.06 1,472.75 1,398.00 6. Fuel 1,318.57 1,318.57 1,318.57 7. Truck Payments 10,596.46 10,596.46 0.00 S. Maintenance 6,137.72 6,137.72 6,137.72 9. Office Payroll 3,716.34 3,716.34 1,898.00 10. Landfill 4,691.77 4,815.23 4,815.23 Uniforms 586.84 556.84 586.84 11. Yard Rent 850.00 850.00 425.00 12. Utilities 503.18 503.18 251.59 13. Pickup (Including fuel) 469.26 469.26 234.63 14. Radios 519.08 519.08 259.54 15. License Plates 234.72 234.72 234.72 16. Legal and Accounting 200.00 200.00 100.00 Advertising 34.49 34.49 34.49 17. Insurance 1,433.92 1,433.92 1,433.92 Total Expenses: Net Loss: (RR REFUSE FIGURES) $43,944.00 8,788.80 $35,155.20 1986 1987 (ACTUAL RESIDENTIAL COMMERCIAL & OTHER) $58,556.00 10,798.00 $43,196.00 $46,564.63 $47,764.61 33,212.25 ($11,409.43) ($12,609.41) 9,983.75 3 Garbage Collection Rate and Data Comparison Round Rack Taylor Austin Temple Georgetown San Marcos Waco Killeen cost per residential customer 86.00 85.50 87.60 85.75 87.00 86.00 87.60 86.50 operator fee per customer 84.80 84.35 n/a n/a n/a 84.25 n/a n/a no. of weekly p/u 2 2 2 2 2 2 2 2 limits on size /qty of none;see notes qty -no limit qty -no limit qty -no limit qty -no limit garbage Prior arrangement none none no white goods on large items no. of customers 7,325 3,900 103,442 14,500 4,800 4,300 29,740 14,000 operator -city or private RRR BPI city city city DFI city city land fill - ownership /cost County BFI city city Longhorn BFI city city notes 41 No exclusive 41 An attempt is commercial being made to contracts limit awarded; quantity /weight operators deal to 5016s and bags directly with only commercial customers 42 Longhorn provides the 42 Size and equivalent of a quantity not landfill; G'town specifically compacts and limited; Longhorn picks up refrigerators can for $139/42cy be picked up, for instance; brush must be cut into 3 foot lengths for p/u BFI 247 -5647 Company Profile GARBAGE COMPANY COMPARISONS BFI is an international company Expert in waste collection - its all they do Better at containing costs and dealing with regulations than small operators and county landfills, etc Samp _Serviced Fflugerville Manor Taylor San Marcos Florence Lexington Thorndale Marble Falls Factors Affecting Cost Travel time collection time (density of homes) Size of city (economy of scale) Other accounts in area Landfill costs and regulations affecting landfill operation Rate Eectati.ons Majority of accounts under $5.00 (exclusive of franchise fee) 1953 bid for Round Rock franchise was $4.40 Taylor is serviced for $4.35 as negotiated in 1985 Round Rock would probably see a lower bid than Taylor due to the size of the Round Rock account Representative asked to be quoted here: "I am almost 100% certain that Round Rock would see a savings with a new BFI bid; please quote me, that's how confident I am ". Rate Ranges Majority of BFI municipal accounts are under $5.00 5 LONGHORN DISPOSAL_ Martin King- operations supervisor, 272 -4351 Company Profile Large, statewide Heavy in commercial pickup Has exclusive Circle L: stores contract Locally, use Wastemanagement Dump Site in Austin Entities Serviced Elgin (3rd year into this contract) Rollingwood Lago Vista Onion Creek Community Rate Ranges andEk;pectativns $4.00 Elgin to $7.95 for L..ago Vista (this fee includes cost of providing 92 gallon rollaway container) Cost variables - equipment bid, amount of customers, density, number of pickups, distance to travel GARBAGE GOBBLER Cnmgan,y_Frofile Family owned business Concentrating in South Texas (San Antonio, Kerrville, Coastal Area) Serve about 25 cities Rate Ranges and Expectations $4.35 to $5.25 is an estimated fair expectation for Round Rock Rates are largely contingent on landfill fees, however WHEREAS, Round Rock Refuse has reduestea financial assistance in their operations, ana WHEREAS, Round ROCK Refuse has supplied financial information to the City in support thereof. and WHEREAS, to Prevent the possible termination of oaroaae service to the residents of the City of Round Rock, ana . WHEREAS. to preserve and protect the health, welfare, and safety througn continued residential garbage collection service, the Council of the City of Round Rock find's tnac in oroer to protect the health. welfare, and safety of the residents of the City of Round ROCK, the following actions must be taken. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY. OF ROUND ROCK, TEXAS That any and all language in the contract authorized by the Council of the City of Round Rock, Texas pursuant to Resolution 521R on the 12th.day of May. 1983. pertaining to commercial ana industrial service units, the City's responsibility for billing and collecting those accounts and the percentage withholding applicable to the City's cost of pilling, collection and administration of commercial and industrial accounts snail be deleted from said contract. ATTEST: RESOLVED this the o ne Land, City Secretary RESOLuTiON NO. 9 Pi clay or , i987. MIKE ROBINSON, Mayor City of Round Rock. Texas WHEREAS, the contract between Round Rock Refuse and the City of Round Rock provides for the City to state its intention concerning renewal of said contract, and WHEREAS, Round Rock Refuse has requested the City to state its intention with regard to renewal of the contract, and WHEREAS, The City Council wishes to exercise its option to extend the contract for a three (3) year period from September 13, 1987, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS that the City hereby exercise its option to extend the term of the contract for three (3) years from the date of September 13, 1987. RESOLVED this 11th day of June, 1987. ATTEST; LAND, City Secretary RESOLUTION NO. MIKE ROBINSON, MAYOR City of Round Rock, Texas 1 1. 1'1.! RESOLUTION NO. 46.,C//e WHEREAS, the City Council wishes to enter into a contract with a third party to provide garbage collection services for the City, and WHEREAS, the City has duly advertised for bids from firms interested in providing said garbage collection services, and WHEREAS, the lowest and best bid was submitted by Weisinger Service Company, and WHEREAS, the City Council wishes to accept said bid and contract with Weisinger Service Company, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the bid of Weisinger Service Company is hereby declared to be the lowest and best bid and is accepted, and BE IT FURTHER RESOLVED That the Mayor is hereby authorized and directed to execute on behalf of the City, a contract with Weisinger Service Company to provide said garbage collection service. RESOLVED this 12th day of May, 19, ATTEST: ANNE LAND, City Secretary LA I BJ L. TOSaN , Mayor City of Round Rock, Texas • • r9 The City Secretary of the City of Round Rock, Texas will receive sealed bids for collection and disposal of residential, institutional, industrial and commercial solid waste until 10:00 a.m., Central Standard Time, on May 5, 1983 at the Office of the City Secretary at City Hall, 214 East Main Street, Round Rock, Texas 78664, at which time and place all bids will be publicly opened and read aloud. Proposals received after the above specified time will not be considered or accepted. The service covered under this contract is for collection, transportation, and disposal of solid waste from residential, institutional, commercial and industrial units served by the City of Round Rock Health and Sanitation Department, as specified in the specifications and contract documents. The Instructions for Bidders, Specifications, Contractors' Proposal, Form of Contract, Form of Bid Bond, Performance and Payment Bond, and other contract documents may be obtained at the office of the City Secretary located at City Hall, 214 East Main Street, upon payment of $25.00 for each set. A certified check, bank draft, or a satisfactory Bid Bond executed by the bidder and an acceptable surety, in an amount of twenty thousand ($20,000) dollars shall be submitted with each bid. The City of Round Rock reserves the right to waive any informalities or to reject any or all bids. No bidder may withdraw their bid within thirty (30) days after the actual date of the opening thereof. The City of Round Rock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority business enterprises will be afforded equal opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration of selection. PUB. DATES: April 4, 1983 April 11, 1983 ADVERTISEMENT FOR ,BIDS TABLE OF, CONTENTS Section I Instructions to Bidders i ARTICLE 1. Use of Separate Bid Forms 1 ARTICLE 2. Interpretations of Addenda 1 ARTICLE 3. Inspection of Site 1 ARTICLE 4. Alternative Bids 1 ARTICLE 5. Bids 1 ARTICLE 6. Bid Guaranty 2 ARTICLE 7. Collusive Agreements 2 ARTICLE 8. Qualifications of Bidder 2 ARTICLE 9. Corrections 3 ARTICLE 10. Time for Receiving Bids 3 ARTICLE 11. Opening of Bids 4 ARTILCE 12. Withdrawal of Bids 4 ARTICLE 13. Quantities 4 ARTICLE 14. Contractor's Proposal and Basis of Award 4 ARTICLE 15. Execution of Agreement 5 ARTICLE 16. Equal Employment Opportunity 5 ARTICLE 17. Pre -Bid Conference 5 Section II General Specifications 6 ARTICLE 1. Definitions 6 ARTICLE 2. Scope 10 ARTICLE 3. Type of Collection 10 ARTICLE 4. Operation 11 ARTICLE 5. Compliance with Laws 13 ARTICLE 6. Effective Date 13 ARTICLE 7. Nondiscrimination 13 ARTICLE 8. Indemnity 13 ARTICLE 9. Licenses and Taxes 14 ARTICLE 10. Term of the Contract 14 ARTICLE 11. Insurance 14 ARTICLE 12. Performance Bond 15 ARTICLE 13. Basis and Method of Payment 15 A. Collection and Disposal Rates 15 B. Modification of Rates I5 C. Rate Adjustment Formula 16 0. Provision for Unsual Rate Adjustments 17 E. Audit 17 F. Delinquent and Closed Accounts 18 ARTICLE 14. Compensation 18 ARTICLE 15. Payment Bond 18 ARTICLE 16. Transferability of Contract 19 ARTICLE 17. Exclusive Contract 19 ARTICLE 18. Ownership 19 ARTICLE 19. Discontinued Service /Breaches of Contract 19 ARTICLE 20. Contractor's Property 20 ARTICLE 21. Displaced Employees 21 ARTICLE 22. Collection Equipment 21 ARTICLE 23. New Service 21 ARTICLE 24. Contractor's Liability 21 ARTICLE 25. Termination of Contract 21 TABLE OF CONTENTS CONT. Section III Contractors' Proposal Statement of Bidders Qualifications Section IV Affidavit Contract ARTICLE 26. Liquidated Damages 22 ARTICLE 27. Special Pick -up Rates 22 ARTICLE 28. Rates for Clean -up for Special Occasions 22 23 28 29 30 Section V Bonds 32 Performance Bond 32 Payment Bond 34 Bid or Proposal Bond 36 Section VI Attachment 38 SECTION I INSTRUCTIONS "TO BIDDERS ARTICLE I. USE OF SEPARATE BID FORMS These Contract Documents include a complete set of Bidding and Contract forms which are for the convenience of Bidders and are not to be detached from the Contract Documents or filled out, or executed. Separate copies of Bid forms are furnished for that purpose. ARTICLE 2. INTERPRETATIONS OR ADDENDA No oral interpretations will be made to any Bidder as to the meaning of the Contract Documents or any part thereof. Every request for such an inter- pretation shall be made in writing to the City of Round Rock, Texas. Any inquiry received seven or more days prior to the date fixed for the opening of Bids will be given consideration. Every interpretation made to a Bidder will be in the form of an Addendum to the Contract Documents and when issued will be on file in the office of the City Secretary of the City of Round Rock, Texas, at least three (3) days before Bids are opened. In addition, all Addenda will be mailed to each person holding Contract. Documents, but it shall be the Bidder's responsibility to make inquiry as to the Addenda issued. All such Addenda shall become part of the Contract Documents and all Bidders shall be bound by such Addenda, whether or not received by the Bidders. ARTICLE 3. INSPECTION OF SITE All Bidders shall tour the City and familiarize themselves with the work contemplated in the Contract. Submission of a Bid shall be deemed conclusive evidence that such a tour has been made by each Bidder and shall constitute a waiver by each of all claims of error in Bid, withdrawal of Bid or payment of extras, or combination thereof. ARTICLE 4. ALTERNATIVE BIDS No alternative Bids will be considered unless specifically requested. ARTICLE 5. BIOS a. All bids must be submitted on forms supplied by the City and shall be subject to all requirements of the Contract Documents. All Bids must be regu- lar in every respect and no interlineations, excisions, or special conditions shall be made or included in the Bid Form by the Bidder. b. Bid Documents including the Bid, the Bid Guaranty, the Non - Collusion Affidavit, and the Statement of Bidder's Qualifications shall be enclosed in envelopes (outer and inner) both of which shall be sealed and clearly labeled with the works (Solid Waste Collection and Disposal Bid Documents), name of Bidder, and date and time of bid opening in order to guard against premature opening of the bid. c. The City may consider as irregular any Bid on which there is an al- teration of or departure from the Bid form hereto attached and at its option may reject the same. 1 • d. If the Contract is awarded, it will be awarded by the City to a responsible bidder on the basis of the Bid most favorable to the City. The Contract will reouire the completion of work according to the Contract Documents. e. Each Bidder shall include in his Bid, in the appropriate spaces thereof, the estimated cost of performing the work of collection and dis- posal of solid waste including all items of overhead. f. Each bidder shall include in his Bid the following information: Principals: Firm: Name Name Social Security Number Employer Identification Number Home address including City, Address State, and Zip Code City, State, and Zip Code ARTICLE 6. BID GUARANTY a. The bid must be accompanied by a Bid Guaranty of twenty thousand dollars ($20,000). At the option of the Bidder, the guaranty may be a certified check, bank draft, or a Bid bond in the form furnished. The Bid bond shall be secured by a guaranty or surety company acceptable to the City. No Bid will be considered unless it is accompanied by the re- quired guaranty. Certified check or bank draft must be payable to the order of the City of Round Rock, Texas. Cash deposits will not be accepted. The Bid guaranty shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents. b. Certified checks or bank drafts, or the amount thereof, Bid bonds, and negotiable U.S. Government bonds of unsuccessful Bidders will be returned as soon as practicable after the opening of the Bids. ARTICLE 7. COLLUSIVE AGREEMENTS a. Each Bidder submitting a bid to the City for the work contemplated by the documents on which bidding is based shall execute, and attach there- to, an affidavit substantially in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. ARTICLE 8. QUALIFICATIONS OF BIDDER The opening and reading of the proposal shall not be construed as an acceptance of the Bidder as a qualified, responsible bidder. The City re- serves the right to determine the competence and responsibility of a bidder from its knowledge of the bidder's qualifications or from other sources. The City shall require with the proposal submission of certified supporting data regarding the qualifications of the bidder in order to determine whether he is a qualified, responsible bidder. The bidder will be required to furnish any or all of the following information sworn to under oath by him: 2 ARTICLE 9. CORRECTIONS • • a) An itemized list of the bidder's equipment available for use of the contract. b) A copy of the latest available certified financial statement of the bidder (or its parent corporation if individual subsidiary or division financial statements are not prepared and generally available) certified by an independent certified public accountant. c) Evidence that the bidder is in good standing in the State of Texas and,in the case of corporation organized under the laws of any other State, evidence that the bidder is licensed to do business in the State of Texas or a sworn statement that it will take all necessary action to become so licensed if its proposal is accepted. In the event that the City shall require additional certified supporting data regarding the Qualifications of the bidder in order to determine whether he is a qualified, responsible bidder, the bidder may be required to furnish any or all of the following information sworn to under oath by him: a) Evidence that the bidder is capable of commencing performance as required in the Contract Documents. b) Evidence, in form and substance satisfactory to the City that the bidder has been in existence as a going concern for a reasonable length of time and possesses not less than one (1) year actual operating experience as a going concern in refuse collection and disposal. c) Evidence, in form and substance satisfactory to the City, that bidder possesses as a going concern, the managerial and financial capacities to perform all phases of the work called for in the Contract Documents. d) Evidence, in form and substance satisfactory to the City, that bidder's experience as a aoing concern in refuse collection derives from oper- ations of comparable size to that contemplated by the Contract Documents e) Such additional information as will satisfy the City that the bidder is adeouately prepared to fulfill the Contract. The bidder may satisfy any or all of the experience and Qualification reouirements of this paragraph by submitting the experience and Qualifications of its parent organization and subsidiaries of the parent. Erasures or other changes in the Bid must be explained or noted over the signature of the Bidder. ARTICLE 10. TIME FOR RECEIVING BIDS a. Bids received prior to the advertised time of opening will be securely kept unopened. The officer whose duty it is to open them will decide when the specified time has arrived, and no Bid received thereafter will be considered; except that when a Bid arrives by mail after the time fixed for openino, but before the reading of other bids is completed, and it is shown to the satis- faction of the City that the nonarrival on time was due solely to delay in the mails for which the Bidder was not responsible, such Bid will be received and considered. b. Bidders are cautioned that, while telegraphic modifications of Bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall make the Bid so modified or amended subject to rejection. ARTICLE 11. OPENING OF BIDS • • At the time and place fixed for the opening of Bids, the City will cause to be opened and publicly read aloud every Bid received within the time set for receiving Bids, irrespective of any irregularities therein. Bidders and other persons properly interested may be present, in person or by representa- tive. ARTICLE 12. WITHDRAWAL OF BIDS Bids may be withdrawn on written or telegraphic request dispatched by the Bidder in time for delivery in the normal course of business prior to the time fixed for opening; provided, that written confirmation of any telegraphic withdrawal over the signature of the Bidder is placed in the mail and post- marked prior to the time set for Bid opening. The Bid guaranty of any Bidder withdrawing his Bid in accordance with the foregoing conditions will be returned promptly. ARTICLE 13. QUANTITIES Preliminary information from available data indicates that the City is presently providing as a minimum, twice a week collection service the followinc service units: 4,394 residential units (curbside) 165 commercial (3 cubic yard containers) 10 multi - family complexes (3 cubic yard containers) 3 industrial facilities (3 cubic yard containers) 8 public and private schools 12 public parks 5 public buildings The City of Round Rock cannot and does not assume any liability in regards to the accuracy of this information. The information is presented herein for the purpose of establishing a general scope of service. Bidders are advised to make such additional investigations as they consider necessary to determine the actual number of service units in the City. ARTICLE 14. CONTRACTOR'S PROPOSAL AND BASIS OF AWARD A. Bidder must completely bid all service provided for in the Contractor's Proposal. B. The Contract will be awarded to the lowest responsible Bidder complying with the conditions of the INVITATION FOR BIDS, provided such BID is reasonable and it is in the interest of the City to accept it. C. The City may elect to award a contract for selected services; however only one contract will be awarded on this bid letting. D. The City reserves th right to reject any and all Bids and to waiver any informality in Bids received where such rejection or waiver is in its interest. The Bidder to whom the award is made will be notified at the earliest possible date. 4 ARTICLE 17: PRE -BID CONFERENCE 0 ARTICLE 15. EXECUTION OF AGREEMENT: PERFORMANCE AND PAYMENT BOND a. Subsequent to NOTICE OF AWARD and within ten days after the prescribed are presented for signature, the successful Bidder shall execute and deliver to the City an Agreement in the form included in the Contract Documents in such number of copies as the City may require. b. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful Bidder, shall, within the period specified in Paragraph "a" above, furnish a surety bond in a penal sum of not less than 25% of the estimated first year's billing based on the bid and the estimated number of residential and commercial customers to be served, as set out in the accepted proposal as security for the faithful performance of the Contract, and for the payment of all persons, firms or corporations to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature, including utility and transportation services, employed or used by him in performing the work. Such bond shall be in the same form as that in- cluded in the Contract Documents and shall bear the same date as, or a date subsequent to, that of the Agreement. The current power of attorney for the person who signs for any surety company shall be attached to such bond. This bond shall be signed by a guaranty of surety company acceptable to the City. c. The failure of the successful Bidder to execute such Agreement and to supply the required bond or bonds within ten days after the prescribed forms are presented for signature, or within such extended period as the City may grant, based upon reasons determined sufficient by the City, shall constitute a default, and the City may either award the Contract to the next lowest re- sponsible Bidder or readvertise for Bids, and may charge against the Bidder the difference between the amount of the Bid and the amount for which a Con- tract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the Bid bond. If a more favorable Bid is received by readvertising the defaulting Bidder shall have no claim against the City for a refund. ARTICLE 16. EQUAL EMPLOYMENT OPPORTUNITY Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against becausE of their race, color, religion, sex, or national origin. A conference with prospective Bidders will be held at 10 :00 a.m., April 21, in the Round Rock City Council Chamber at 216 East Main Street. At this time, prospective Bidders and their estimators can discuss with represen- tatives of the City of Round Rock, Texas, any problems or questions which they may have regarding this invitation for bids. 5 ARTICLE 1 - DEFINITIONS SECTION II.' GENERAL SPECIFICATIONS 6 Abandoned Vehicles - A vehicle that applicable state laws deem abandoned. Agricultural Solid Waste - All organic waste products that are generated from farm production, operations of field, crops, orchards and animals. Baas - Plastic sacks designed to store refuse with sufficient wall strength to main- tain physical intearity when lifted by the top. Total weight of a bag and its contents shall not exceed 80 pounds. Base Rate - The rate for the collection of solid waste as originally contracted. Bin - Metal receptable designed to be lifted and emptied mechanically for use only at multi - family and industrial units. Bulky Waste - Stoves, refrigerators, water tanks, washing machines, furniture, tree parts, shrubbery, bagged or containerized rubbish, newspapers, magazines and other waste, other than construction debris, dead animals, hazardous waste or stable matter with weights or volumes greater than those allowed for bins or containers, as the case may be. Tree parts, shrubbery, bagged or containerized rubbish, newspapers and magazines shall be limited to 75 pounds in weight and be 4 feet in length; however, bundling of these items is not required. City - Round Rock, Texas Collection - The act of removing solid waste from the storage point at the source of generation. Collection Service - A public or private operation engaged in the collection and transportation of solid waste materials. Commercial Solid Waste - All bulky waste, construction debris, garbage and rubbish generated by a producer at a commercial unit. Commercial & Industrial Unit - All premises, locations or entities, public or private, requiring refuse collection within the City not a residential unit and so designated by a commercial utility rate. Construction Debris - Waste building materials resulting from construction, remodel- ling, repair or demolition operations. Container - A receptacle with a capacity of greater than 20 gallons but not more than 32 gallons constructed of plastic, metal or fiberglass having handles of adequate strengti for lifting, and having a tight fitting lid capable of preventing entrance into the container by vectors. The mouth of the container shall have a diameter greater than or equal to that of the base. The weight of a container and its contents shall not exceed 80 pounds. Contract Documents - Advertisement for Bids, Instructions For Bidder, Contractor's Proposal, the Contract, Bid Bond, Performance Bond, Exhibits, Maps, and any addenda or changes to the foregoing documents agreed to by the City and the Contractor. • • Contractor - The person, corporation•or partnership performing refuse collection and disposal under contract with the City. Curbside - See Roadside Dead Animals - Animals or portions thereof having expired from any cause, except those slaughtered or killed for human use, generally including dogs, cats, horses, sheep or other animals. Disposal - The orderly process of discarding useless or unwanted material in a beneficial or non - beneficial manner. Disposal Facilities - The physical components of the disposal system, such as transfer conveyances, transfer stations, processing plants and landfills. Disposal Site - A land site where solid waste is disposed without creating nuisance or hazard to public health by utilizing the principles of engineering to confine the solid waste to the smallest practical volume and to cover such waste with earth, all in the manner approved by the State Department of Health and so designated as the proper site for disposal of solid waste by the City. Dump - A land site not acceptable to the City or the State Department of Health which contractor shall not be allowed to use for disposal of solid waste collected within the City. Garbage - All normal and usual household and institutional waste products that are placed in approved containers for collection purposes and are usually a mixture o- putrescible, combustible and incombustible materials, such as organic wastes - Fran - food preparation and consumption, wrapping and packaging materials, metal, glass ano plastic containers and other items. This definition also applies to similar waste products from commercial establishments such as restaurants, cafeterias, schools and hospitals. Generation - The act or process of producing solid waste. Hazardous Waste - Any chemical, compound, mixture, substance or article which is designated by the U.S. Environmental Protection Agency or appropriate state or local agency to be "hazardous" as that term is defined by or pursuant to Federal, State or local laws and ordinances. Industrial Solid Waste - All solid waste products except hazardous wastes, resulting from industrial operations, both onshore and offshore, public and private, and includ- ing demolition, construction, fabrication, process, street and alley and miscellaneous waste. Infectious Waste - Solid waste eminating from a health care, research facility, nursing home, hospital, veterinary hospital, laboratory, surgical center, doctor's office and other similar establishments. Institutional Solid Waste - Solid Waste originating from educational, health care and research facilities such as schools, hospitals, nursing homes, laboratories and other similar establishments. 7 landfill - A site certi ed or permitted by the appropr•e State or Federal agency as a proper disposal site for solid waste and designated by the City as an approved disposal site. Month - For the purposes of this contract, a month is defined herein as a calendar month in any year and in all calculations is equal to four and one third (4 1/3) weeks. Multi- Family - The term multi - family shall refer to all residential dwelling units of more than 4 units considered to be condominiums, apartments or grouped housing. Non - Putrescible Solid Waste - Solid waste materials that do not contain organic matter that is subject to rapid decomposition by fungi and bacteria. Ordinance - City of Round Rock regulations of solid waste. Offal Waste - Waste animal matter (land such as butcher shops, slaughter houses treatment plants, rendering plants, and Producer - An occupant of a commercial generates solid waste. or marine, fowl or fish) from establishments , food processing and packing plants, sewage fertilizer plants. and industrial unit or a residential unit who Putrescible Solid Waste - Solid waste materials containing organic matter that is subject to rapid decomposition by fungi and bacteria, such as food wastes and dead animals. Refuse - See Solid Waste. Residential Solid Waste - All garbage and rubbish generated by a producer at a resi- dential unit. Residential Unit - A dwelling unit within the City occupied by a person or group of persons. A residential unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling whether of single or multi -level construction, or separate single - family dwelling units shall be treated as a residential unit, except that each single - family dwelling within any such residential unit shall be counted and billed separately as a residential unit. Those multi - family residential units of more than 6 units shall be provided pick -up service as apartments or condo units under this contract. Roadside - Within the State, County of City right -of -way, including alleyways, on either side of open ditches. Rubbish - A mixture of small, non - putrescible household, institutional and commercial waste products containing a high percentage of combustible materials such as tree limbs paper, cardboard, plastics, wood scrap, foliage, grass and leaves, and including non - combustibles such as glass, crockery, cans and light scrap metals, Synonym: Trash. Rendering - A process of recovering fatty substances from animal parts by heat treatmen extraction and distillation. Separation - The systemtic division of solid waste into designated components. Service Unit - For the purpose of this contract, a service unit shall be a residential unit (single and multi - family) a commercial unit, industrial unit, institutional unit, and a municipal unit. To be defined as a service unit, a commercial unit shall have one (1) three (3) cubic yard container. 8 • Solid Waste - Unwanted or discarded materials with insufficient liquid content to' be i'reeflowing, that results from domestic, industrial, commercial, agricultural, governmental, and community operations which require proper storage, collection, transporation and disposal to prevent environmental pollution inimical to public health, safety and welfare. Solid waste does not include sewerage, earth or material used to fill land in accordance with construction codes, mining residues, slag, dis- solved or suspended solids in industrial waste water effluents which are not acceptable for disposal in sanitary sewerage treatment system: Synonym: refuse. Solid Waste Management - The purposeful, systematic control of the storage, collection, transportation,separation, processing, recovery and disposal of solid waste. Solid Waste Storage - The handling and holding of solid waste, in an approved manner, near the point of generation pending collection Solid Waste Transportation - The conveying of solid waste from one place to another by means of a vehicle, rail car, conveyor or other means. - Stable Matter - The body waste of animal and fowl, and cleanings, and waste food stuffs from all barns, stables, corrals, or pens used for stabling, caging or penning of animals or fowl. Transfer Station - A site at which solid waste is assembled and temporarily deposited after collection and from which it is transported to a different location for processing and /or disposal. Trash - See Rubbish. Vector (Of Disease) - An animal or insect which transmits infectious diseases from one person or animal to another by biting the skin or mucous membrane or by depositing infective material on the skin or food or on another object. Veoetable Waste - Putrescible solid waste resulting from the processing of plants for food by commercial establishments such as canneries. This definition does not include waste products resulting from the preparation and consumption of food in places such as cafeterias and restaurants. 9 •ARTICLE 2 - SCOPE • • The work done under this contract shall consist of the items contained in the Contractor's Proposal including all the supervision, materials, equipment, labor and all items necessary to perform said work in accordance with the Contract Documents. Service shall be provided under this Contract to all service units as defined herein. Payment for such service shall be made under CONTRACTOR'S PROPOSAL. Service shall be provided under this Contract to all service units which are under City current service including all public and private elementary, junior and senior high schools, all city and county buildings, and all city and state park facilities and recreation areas. In addition, the Contractor shall offer special pick -up services. Special pick- up shall consist of materials requiring special handling, such as items not meeting specifications for bagging, containers, or not defined as solid waste to be collected from service units above or not on a regular collection day or at regular collection times. Special pick -ups shall be requested by a service unit and arrangements for payment shall not be greater than the maximum rate as set forth in PART 2 - SPECIAL SERVICE RATES in the Contractor's Proposal. ARTICLE 3 - TYPE OF COLLECTION The Contractor shall provide curbside collection of an unlimited amount of resi- dential solid waste to each residential unit two (2) times per week and provide road- side collection of containers of commercial solid waste to each commercial unit, which qualifies as a service unit, three (3) times per week. Containers, bags, etc. shall be placed at roadside for collections by 7:00 a.m. on the designated collection day. The Contractor shall provide for collection on regular pick -up days of bulky waste and construction debris which meets specifications from service units. This service shall be included in the cost for collection of service units. When construction work is being performed on right -of -way, containers, bags, etc. shall be placed as close as practicable to an access point for collection vehicle. The Contractor may decline to collect any container, bag, etc. not so placed. Containers shall be replaced by the Contractor where found and placed upside down with the lid placed on top of the overturned container. Containers will be handled with utmost care and protected from damages by careful handling. Cluster Housing Developments or Condominiums with private access roads will be treated as commercial units under this contract except in the following instances: Each unit shall be treated as a residential unit provided that containers, bags, etc. are placed at roadside as defined herein. Solid waste must be brought to the nearest public road for pick -up, except if the owner of a development indemnifies and holds harmless the Contractor and the City for damages to private streets and drive ways, the Contractor shall make collection along such private streets and driveways. Contractor shall not be required under this contract to enter private driveways to individual residential units. However, a residential unit may arrange for such service directly with the Contractor and residential unit shall pay an additional fee over and above that paid by the City under this contract for such special service directly to the Contractor. Contractor shall notify City of such arrangements and 10 411 411 shall submit to the City a certificate or letter of indemnification satisfactory to..,the City fron the residential unit prior to beginning any such special' service. ARTICLE 4 - OPERATION A. Hours of Operation - Collection of residential solid waste or collection of commercial solid waste near residential areas shall not start before 7:00 a.m. or continue after 8:00 p.m. Exceptions to collection hours shall be affected only upon the mutual agreement of the City and Contractor, or when Contract reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances. B. Routes of Collection - Collection routes shall be established by the Con- tractor. Contractor shall submit a map designating the collection route to the City for their approval. Contractor shall publish at its expense at least once during each calendar year, a map of such collection routes in all newspaper specified by the City not to exceed three (3) such newspapers. The published map may be of such size to clearly show all pertinent informant. The Contract may from time to time propose to the City for approval of the proposed changes, contract shall promptl:.; give written and published notice to the affected service units. Contractor shall publish at its expense at least twice (two consecutive weeks) a notice of such changer in newspapers specified by the City. Commercial collection routes shall be establish by the Contractor and approved by the City. C. Holidays - For those weeks in which a holiday occurs, the Contractor must maintain twice per week collection to all service units, institutional units and commercial units to which service is provided under this contract. In such cases, the two collection days shall not be on two (2) consecutive calendar days. 0. Complaints - All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the Contractor shall arrange for the collection of the solid waste allegedly not collected within 24 hours after the complaint is received. A report of such complaints shall be made to the City and the Contractor may make an investi- gation to determine if such allegations are valid and shat' make a report of said investigation to the City and the City shall have the option to investigate the complaint. E. Collection Equipment - The Contractor shall provide an adequate number of new vehicles for regular collection service and new spare vehicles in order to insure proper service level. All vehicles and other equipment shall be kept in good repair, appearance and in a sanitary condition. Each vehicle shall have clearly visible on each side the identity and telephone number or numbers of the Contractor and the vehicle number. All vehicles shall be radio dispatched. Application for licenses and permits for radio equipment shall be made immediately upon award of contract. Vehicles shall not be housed in residential areas. Vehicles may be housed within the City in a location approved by the City. F. Office - Contractor shall maintain an office within the Austin metropolitan area. It shall be staffed by a person with adequate authority and ability to maintain proper level of service and to immediately respond to complaints and problems. It shall be equipped with sufficient telephone lines and shall be opened from 8:00 a.m. to 5:00 p.m. on regular collection days. Contractor's telephone system shall be of a type such that no customer anywhere in the City will need to call collect or pay for a long distance telephone service. 11 • • G. Hauling - All solid waste hauled by the contractor shall be contained or enclosed so that leaking, spilling, blowing and littering are prevented. All methods of hauling waste shall comply with applicable City, State and Federal laws and regulations. H. Disposal - All solid waste collected for disposal by the contractor shall be hauled to the appropriate disposal site approved and permitted by the State Department of Health and at a location approved by City of Round Rock. Any charge for disposal shall be included in the rate set forth in the proposal for each service unit served by the Contractor. I. Notification - The Contractor shall notify all service units, institutional units and commercial units about complaint procedures, rates, regulations and day(s) scheduled for solid waste collection and of any such changes thereof. Such notice shall be approved by the City. J. Point of Contact - All dealings, contacts, etc. between Contractor and the City shall be directed by the Contractor to the City Manager or his appropriate re- presentative. K. Litter or Spillage - The Contractor shall not litter premises in the process of making collections, but he shall not be required to collect any waste material that has not been placed in approved containers or in a manner herein provided. During hauling, all solid waste shall be contained, tied or enclosed so that leaking, spillage or blowing are prevented. In the event of spillage by the Contractor; the Contractor shall be required to clean up the litter at no additional cost to the City. L. Refus,.1 to Serve - The Contractor may refuse to serve a location as specified under one or more of the following conditions: 1. Contractor may refuse to collect refuse which is not placed in an approved container, bag or properly bundled. 2. Contractor may refuse to collect refuse which is not placed in a proper location as specified herein. 3. Contractor will not be required to collect non - collectible waste except as directed as a special pick -up by the appropriate authority of the City or upon request directly from a service unit. The customer shall be notified of any refusal of service and a copy of said notice shall be sent to the City. Said notice shall inform the customer of the reason for the failure to serve him and shall designate instructions as to what will be necessary for service to be restored. 12 M. Collection Personnel - The Contractor shall assign a qualified person cr persons to be in charge of the operations in the City and shall furnish the name or names of such persons to the City.` Information regarding the experience and quali- fications of said persons shall be furnished and such persons shall have full authority to immediately respond to complaints or problems and shall be able to maintain adequate level of service. 1. Contractor's collection employees shall wear clean uniforms bearing the company name and some means of identification such as name tag or identifi- cation card. 2. Each employee shall carry a valid Texas operator's license for the type of vehicle he is operating. 3. The Contractor, employees, officers or agents or anyone actina or claiming to act on behalf of the Contractor shall at no time be allowed to identify themselves or in any way present themselves as being employees, officers, or agents of the City of Round Rock and any employee so representing himself may be discharged at the option of the City. 4. The Contractor shall provide operating and safety training for all employees and shall comply with all OSHA regulations. ARTICLE 5 - COMPLIANCE WITH LAWS The contractor shall conduct operations under this contract in compliance with all applicable City, State and Federal laws. ARTICLE 6 - EFFECTIVE DATE The Contract shall be effective upon the beginning of service of the contract and the beginning of service of the contract shall be thirty (30) days after notifica- tion of award at which time Contractor shall be fully insured and bonded for all purposes ARTICLE 7 - NONDISCRIMINATION The Contractor shall not discriminate against any person because of race, sex, color, religion or natural origin. This nondiscrimination clause shall be included in any sub - contracts associated with the performance of this agreement. ARTICLE 8 - INDEMNITY The Contractor will indemnify, save harmless and exempt the City, its officers, elected officials, agents, servants and employees from and against all suits, actions, legal proceedings, claims, demand, damages, costs, expenses and attorney's fees incident to any work done in the performance of this contract arising out of a willful or negli- pent act or omission of the Contractor, its officers, agents, servants and employees; provided, however, that the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney's fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants and employees. 13 ARTICLE 9 - LICENSES AND TAXES The Contractor shall obtain all licenses and permits (other than the license and permit granted by the contract) and promptly pay all taxes required by all mu- nicipalities, the County and State. ARTICLE 10 - TERM OF THE CONTRACT The contract shall be for a three (3) year period beginning upon the performance of the contract and ending three (3) years thereafter. The initial three (3) year term of this contract may be extended for successive additional three (3) year terms at the option of the City.The Contractor shall notify the City sixty (60) days prior to the expiration of the initial three (3) year term or any of subsequent three (3) year term of its intent to terminate this contract or of its reouest for notification of renewal of this contract. Upon request by Contractor for the City to state its intention with regard to renewal of the contract, the City shall have forty -five (45) days from the date of receipt of this notice to exercise its option to extend the contract for an additional three (3) year term. All such written notices shall be served by registered or certified mail, re- turn receipt requested. ARTICLE 11 - INSURANCE The Contractor shall at all times during the contract maintain in full force and effect, Employer's Liability Workman's Compensation, Public Liability and Property Damage Insurance, including contractual liability coverage for the provisions of Article 8. All insurance shall be by insurers and for policy limits acceptable to the City and before commencement of work hereunder the Contractor agrees to furnish the City certificates of insurance or other evidence of satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligation. For the purpose of the contract, the Contractor shall carry the following types of insurance in at least the limits specified below: COVERAGES: Workmen's Compensation Employer's Liability Bodily Injury Liability Except Automobile Property Damage Liability Except Automobile Automobile Property Damage Liability Automobile Bodily Injury Liability Excess Umbrella Liability • LIMITS OF LIABILITY: Statuatory $500,000 $500,000 each occurrence $1,000,000 aggregate $500,000 each occurrence $500,000 aggregate $500,000 each occurrence $500,000 each person $1,000,000 each occurrence $5,000,000 each occurrence The City of Round Rock shall appear on all policies as an additional named in- sured. 14 ARTICLE 12 - PERFORMANC,ND ARTICLE 13 - BASIS AND METHOD OF PAYMENT 15 • Upon award of the bid, the Contractor shall furnish to the City a performance bond for the faithful performance of this agreement. It shall be executed by a surety company licensed to do business in this state and shall be in the penal sum of 25% of the estimated first year's billing (based on the bid and the estimated number of residential and commercial customers to be served). Said bond shall indemnify the City against any loss resulting from any failure of performance by the Contractor not exceeding, however, the penal sum of the bond. Premium for the bond described above shall be paid by the Contractor. A certificate from the surety showing that the bond premiums are paid in full shall accompany the bond. The surety on the bond shall be a duly authorized corporate surety company authorized and licensed to do business and doing business in the State of Texas and shall be approved by the City. Attorneys in fact who sign performance bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. A. Collection and Disposal Rates For collection and disposal required to be performed pursuant to Article 3, the charges shall not exceed the rates as fixed by the Contract Documents, as adjusted in accordance with this Article 13, Section B. The solid waste collection charges provided by this Article 13, Section A shall include transportation costs, disposal costs and other related costs. B. Modification to Rates The fees which may be charged by the Contractor for the third and subsequent years of the term hereof shall be adjusted upward or downward to reflect changes in the cost of operations, as reflected by fluctuations in the Consumer Price Index for Urban Wage Earners and Clerical Workers (All Items)and the Consumer Price Index Wage Earners and Clerical Workers, Expenditures Category "Gasoline ", ooth as published by the U.S. Department of Labor, Bureau of Labor Statistics. As of the last month of the first year of the contract and every twelve (12) months thereafter, (the "Rate Modification Date "), the fees shall be increased or decreased for the ensuing twelve (12) month period in a percentage amount equal to 90 percent of the net percentage change of the All Items Index plus 10 percent of the net percentage change of the Gasoline Index. All percentage changes are to be computed as the difference between the index value for the first full month prior to the commencement of the contract and the index value for the Rate Modification Date divided by the index value for the first full month prior to commencement of the contract. As soon as possible after a Rate Modification Date, Contractor shall send to the City Council a comparative statement setting out for both the All Items Index and the Gasoline Index (1) the index value on the first full month prior to the commencement of the contract; (2) the index value on the Rate Modification Date preceding the date of the statement; (3) the net percentage chanae; (4) the com- posite percentage change equal to 90 per cent of the net percentage change in the All Items Index plus 10 percent of the net percentage change in the Gasoline Index; and (5) the increase or decrease in the fees which may be charaed by the Contractor. C. Rate Adjustment Formula The adjusted rate for annual modification as set forth in Article 13, Section B. shall be calculated according to the following formula, subject to the above limitations: 1. Terms: CPIA (1) = Consumer Price Index for Urban Wage Earners and Clerical Workers (All Items) for the first full month prior to start of work. CPIA (2) = Consumer Price Index for Urban Wage Earners and Clerical Workers (All Items) for month preceding the Rate Modification Date. CPIG (1) = Consumer Price Index, etc. (Gasoline) for the first full month prior to the start of work. CPIG (2) = Consumer Price Index, etc. (Gasoline) for month preceding the Rate Modification Date. BR = Base Rate AR = Adjusted Rate RAF = Rate Adjustment Factor 2. Formula: RAF = A +G, Where A = CPIA (2) - CPIA (1) x 90% --- 0 5 17 711) G = CPIG (2) - CPIG (1) x 10% CPIG (1) • AR = BR + (RAF x BR) 3. Illustrative Example: Assume the following: a. Work begins March 2, 1983 b. First full month prior to start is February, 1983 c. Rate Modification Date is March, 1984 d. Month preceding the Rate Modification Date is February, 1984. Assume the following Consumer Price Index values for illustration purposes: 16 • 'a. CPI (All Items), February 1983 = 269.1 b. CPI (All Items), February 1984 = 286.5 c. CPI (Gasoline), February 1983 = 417.7 d. CPI (Gasoline), February 1984 = 371.7 Assume a base rate of $3.00. Calculation of Adjusted Rate is as follows: CPIA (1) = 269.1 CPIA (2) = 286.5 CPIG (1) = 417.7 CPIG (2) = 371.7 BR = $3.00 A = 286.5 - 269.1 x 90% = 0.5819 269.1 G = 371.7 - 417.7 x 10% = - 0.01101 417.7 RAF = A + G = 0.04718 AR = BR + (RAF x BR) = $3.00 + (0.4718 x $3.00) = $3.14 ADJUSTED RATE _ $3.14 D. Provision for Unusual Rate Adjustments In addition to the above, the Contractor may petition the City or the City may petition the Contractor for additional rate and price adjustments at reasonable times on the basis of unusual changes in its cost of operations, such as revised laws, ordinances, or regulations or changes in location of disposal site. E. Audit As soon as possible after request for modification to rates and prior to any acceptance of the modification of rates, the Contractor may be audited at the option of the City. Any such audit shall be by a recognized accounting firm selected by the City and all auditor's fees shall be paid by the City. Such audit shall be made for the preceding twelve month period immediately prior to the rate modification date or the most recent twelve month period. The results of such audit shall be the basis for determining if a rate modification is justifiable at the discretion of the City. Such audit shall be furnished to the City prior to any additional payment by the City as requested by the Contractor. The request for an audit must be made within sixty (60) days of the notification for increase or modification in rates. The Contractor and his subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to all operating costs and shall make such materials available at their respective offices at all reasonable times during the coi tract period and for three years from the date of final payment under this con- tract, for inspection by the City, its duly authorized auditor and /or Legislative Auditor and copies thereof shall be furnished if requested. 17 F. Delinquent and Closed Accounts The Contractor shall discontinue service at any service unit when given notice by telephone by the City. Upon further notification by the•City, the Contractor shall resume solid waste collection on the next regularly scheduled collection day. The City shall indemnify and hold Contractor harmless from any claims, suits, damages, liabilities or expenses resulting from Contractor's discontinuing service at any location at the direction of the City. ARTICLE 14 - COMPENSATION The City will be responsible for billing and collecting of refuse accounts. The City will pay the Contractor for services rendered before the end of the month following the month of collection. Said billing and payment shall be based on the price rate and schedule as awarded and multiplied by total number of units being served. The City will withhold from payment to Contractor an amount equal to twenty (20 %) percent of the total amount collected to cover the City's cost of billing, collection, and administration. The collection of revenues for individual or commercial disposal other than those billed and collected by the City of Round Rock will be the responsibility of the Contractor. The Contractor shall verify the number of commercial and industrial units receiving bin service under this contract and submit a revised count to the City. Verification of the number of such commercial and industrial units shall be in a manner acceptable to the City. The Contractor shall bill monthly for and the City shall pay each month for service to commercial and industrial units receiving bin service based on the verified and approved monthly revised counts. Monthly payments to the Contractor shall be reduced or increased based on the actual number of units served and shall be based on actual numbers of pick -ups for any unit not receiving a full month's service. Where a commercial customer requires a large bin, additional bins, and /or more frequent pick -ups than what is provided under the City's contract, the Contractor shall provide the most economical combination of bin sizes, number of bins, andfrequently of pick -up to that customer. The customer shall pay to the Contractor under a separate contract the cost of bins and pick -ups actually provided less the cost of the standard bin and frequenty of pick -up provided under the City's contract. The City shall under no circumstances be required to pay more than the cost of the standard City service under the contract, however, should any customer default in paying its share of the cost of the service actually provided, the Contractor shall not be required to continue any service to such customer until proper remedy of the default. ARTICLE 15 - PAYMENT BOND A payment bond will be required of the successful bidder. It will be executed LQc by a surety company licensed to do business in the State of Texas in an amount to be determined by the City on forms supplied by the City. It will be conditioned to guarantee the payment of all wanes, materials, and supplies, including all insurance premiums used by the Contractor in fulfilling the terms of the contract. Insurance premiums include, but are not limited to, workmen's compensation liability insurance and bond premium. It is estimated that such bond will not exceed the sum expended for wages, materials and supplies, and insurance premiums for one quarter of a year's operation. 18 ARTICLE 16 - TRANSFERABILITY OF CONTRACT (SUB - CONTRACTS PROHIBITED) No assignment of this contract or any right occurring thereunder shall be made in whole or part by the Contractor, either voluntarily or involuntarily or by any process of law and shall not be or come under the control of creditors or trustees in bankruptcy of Contractor and any filing of bankruptcy petition, respite or other- wise, shall immediately, at the option of the City, terminate this contract; however, such termination shall not affect the liability of any performance bond and the City shall have the option to call upon the performance bond and the surety thereunder. Contractors shall not sub - contract any portion of this contract to any person, party, or firm without the expressed written consent of the City. ARTICLE 17 - EXCLUSIVE CONTRACT • • This agreement shall not constitute a franchise or exclusive right to collect solid waste from commercial units not qualifying for service under this contract with the City. ARTICLE 18 - OWNERSHIP Title to solid waste shall not pass to the Contractor but shall remain the property of the City of Round Rock until disposed in accordance with these specifi- cations. ARTICLE 19 - DISCONTINUED SERVICE AND OTHER BREACHES OF CONTRACT A. It the Contractor fails to provide the solid waste collection services required by this agreement for a period in excess of five consecutive, scheduled, working days, the City may take the following actions: 1. At its option, take possession of all of the Contractor's equipment and facilities used in performance of this contract. 2. Employ such means as it may deem advisable and appropriate to continue work until such matter is resolved and the Contractor is again able to carry out his operations under this contract. 3. Deduct any and all operating expenses incurred by the City from any money then due or to become due the Contractor, and should the City's cost for continuing the operation exceed the amount due the Contractor, collect the amount due, either from the Contractor or surety or both and also to assert a lien on all 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 bailee for hire, ordinary wear and tear being specifically exempt from such liability. 5. If the Contractor is unable, for any cause, to resume performance at the end of 30 days, all liability of the City to the Contractor under this agreement shall cease and the City shall be free to neootiate with other Contractors for the operation of said solid waste service and /or take the actions provided below for bankruptcy, default, breach of contract. Such actions shall not release the Contractor herein of his liability to the City for such breach of agreement. 19 ARTICLE 20 - CONTRACTOR'S PROPERTY • • 20 B. In the event 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 Contractor after adjudication of bankruptcy. If Contractor shall be proven insolvent, or fail in business, this contract may be terminated at the option of the City. C. All terms, conditions and specifications of the contract are considered material and failure to perform any part of the contract shall be considered a breach of contract. Should Contractor fail to perform any of his contractual obligations, the City may at its option terminate the contract ten days after written notification to the Contractor to remedy the violation within said time. D. In the event of termination of the contract for breach, default or bankruptcy as specified above, the City shall have the right to forthwith take possession of all of the Contractor's equipment, facilities and records used in performance of this contract as follows: 1. 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 the service. 2. The City shall have the right at its option to purchase Contractor's equipment and facilities at the depreciated value thereof. E. Should it become necessary for the City to employ an attorney to enforce the provisions of this contract, the Contractor shall be responsible for the payment of reasonable attorney fees. A. The Contractor shall not transfer, sell, assign, lease, surrender, abandon or permit to lapse his title or right or possession in and to any real or personal property used in the performance of this contract without the prior written consent of the City. Any attempt to do so without such permission shall constitute a material breach of contract. B. The Contractor shall maintain a complete inventory of all real property, building, furnishings, containers, vehicles and any other pieces of equip- ment necessary for the performance of this contract and shall furnish the City with such inventory. C. The Contractor shall inform the City of all additions to said inventory within a reasonable time but not more than thirty (30) days following any transaction. Deletion of equipment shall be made only after express approval of the City. D. Garbage collection equipment shall be of the enclosed load packer type and all equipment shall be kept in good repair, appearance, and in a sanitary, clean condition at all times. The Contractor shall have available at all times, reserve equipment which can be put into service and operation within two (2) hours of any breakdown. Such reserve equipment shall substantially correspond in size and capability, to the equipment used by the Contractor to perform its duties hereunder. ` ARTICLE 21 - DISPLACED EMPLOYEES ' The Contractor shall offer jobs to City employees displaced by this Contract at (as a minimum) their current hourly rate. The Contractor may interview employees so displaced at any time after the award of this contract and he shall offer available jobs no later than thirty (30) days prior to beginning of contract operations. Conditions of employment shall be provided to the City and any interested City employees. The Contractor will not be required to hire any employees who do not satisfy his minimum qualification require- ments, so long as such requirements are job related and non - discriminatory. Employees who are offered a job must accept or reject the offer within ten (10) days of the time it is offered or the Contractor is released from any obligation, under this contract, to hire such individuals. ARTICLE 22 - COLLECTION EQUIPMENT The Contractor will be required to purchase the City's solid waste collection equipment offered for sale. The Contractor will be responsible for furnishing his own equipment. See Attachment A. ARTICLE 23 - NEW SERVICE The Contractor shall be responsible for notifying the City of all changes in service, where new units, discontinued units or changes in frequency, size or number of bins are involved, and where such changes have a bearing an monthly billing and payment. Such notification shall be required for the Contractor to receive payment for collection services rendered at these locations. Failure of the Contractor to notify the City on any given billing shall remove any obliga- tion on the part of the City to pay to the Contractor any monies for services rendered at those locations. The City shall be equally diligent in notifying Contractor of all discontinued services. ARTICLE 24 - CONTRACTOR'S LIABILITY Contractor shall pay all just claims for the payment of all employees and mechanics for labor performed, for the payment_ of all material and equipment furnished, and for the payment of material and equipment rental which is actually used in the performance of the Contract. The Contractor shall upon request, submit evidence satisfactory to the City that all payrolls, disposal fees, equipment or material bills and other indebtedness pertaining to the performance hereof have been paid. ARTICLE 25 - TERMINATION OF CONTRACT In the event that it shall become impossible or unlawful for the Contractor to continue the performance of this contract by reason of an Act of God, an act of legislature hereinafter passed, or by reason of change in the charter of the City, or by reason of a final order by a court of record in proceedings not instituted by or acquiesced in by the negligence upon the Contractor, the Contractor shall not be liable for damages arising solely out of such impossibility. The Contractor shall be terminated and the Contractor shall recover from the City payment for all services rendered prior to the date of termination of the contract. 21 ARTICLE 26 - LIQUIDATED DAMAGES • • to As a breach of the service provided by this contract would cause serious and substantial damage to the City and its occupants, and the nature of this contract would render it impractible or extremely difficult to fix the actual damage sustained by the City by such breach, it is agreed that in case of breach of service, the City may elect to collect liquidated damages as specified below and not as a penalty, the amount set forth below, such sums being agreed to as the amount which the City will be damaged by the breach of such service. An election to seek such remedies shall not be construed as a waiver of any legal remedies the City may have as to any subsequent breach of service under this contract. A truck beginning residential collections or commercial collections near residential areas prior to 7 :00 a.m. or continuing such collection after 8:00 p.m. $100.00 per day per truck Failure to collect missed pick -ups within 24 hours of notification to Contractor. $20.00 per missed pick -up Repetition of complaints on a route after notification of spilling, non - collection, crossing of planted areas, or similar violation. $100.00 per day Such liquidated damages as the City shall elect to collect will be deducted from the monthly payments due the Contractor. ARTICLE 27 - SPECIAL PICK -UP RATES Part 2 of the Contractor's Proposal requests special rates for collection of waste from service units which do not qualify under these specifications or for collection service requested by the customers. These shall be the maximum special rates charged per cubic yard or per item for the first two (2) year period of the three (: we A ticlet. This special rate shall be adjusted in subsequent years in accordance ARTICLE 28 - RATES FOR CLEAN UP FOR SPECIAL OCCASIONS Part 2 of the Contractor's Proposal requests hourly rates for clean up for special occasions. This shall be the maximum hourly rate charged for the initial years of the contract. The special rates shall be adjusted for subsequent years in accordance with Article 13. 22 Gentlemen: • CONTRACTOR'S PROPOSAL SECTION I.II , Bid For Unit Price Contracts Place: Pekv.9t3 i-(oCK , 1 T EX,g.S • Date: X5- R3 Time: q! 10 APO Proposal of C)P2IeP , 6EISiI)A6 1? (Name) y455 4$ -s2S [Social Security No. or Business Number) 7S7 kJ- 4e79 (6 A iness Address) vA1 6e Tems 7$3 ©l (City, State and Zip L ode) The Bidder in compliance with your advertisement for Bids for Collection and Dis- posal of Solid Waste in Round Rock, Texas has familiarized (himself) (themselves) (itself) with the existing conditions of the City of Round Rock, affecting the cost of the work and the Contract Documents which include Instructions for Bidders, Contractor's Proposal, Form of Contract, Specifications, Form of Bid Bond, Performance and Payment Bond and other contract documents, hereby proposes and agrees to provide and furnish any and all labor, equipment, machinery, transportation, tools, materials and supplies necessary to perform in a professional manner, the services covered by the contract. Bidder hereby acknowledges receipt and consideration of the following addendum: Addendum No. Date Issued l/ `l 01 g 3 ! t� 1/1 _ I -$3% The undersigned Bidder agrees to perform all the work described in the specifications for the following unit prices and rates: 23 Proposal 6. 7. Service Unit PART I Unit Price Estimated Monthl Billin RESIDENTIAL Twice per week roadside $ 2. ✓MULTI FA LY /CLUSTER HOUSING 3 cu. yd. bin three (3) times per week 3 cu. yd. in five (5) times per week 3. 'COMMERCIAL ( 3 cu. yd. bin three (3) times per week 3 cu. yd. bin five (5) times per week 4. I STRIAL 3 cu.`. bin three (3) times per - ek 3 cu. y. Oin five (5) times per week 5. JINcuITyd 3 cu. yd. . in in three times per week 3 cu. yd. n five (5) • -'es per week Brush, dead animals and applian - pick -up Twice (2) per week 19 1/4 MUNICIPAL `9 u p 3 cu. yd. bin three (3) times per week Collection of solid waste from park and recreation areas three (3) times per week i)hL PART2 Item 1 Sp • 'al Pick -Up to service units, at per cubic yard Item 2 Special Pick -up to -rvice units, at per it Item 3 Clean -up collection and dispos.1 of solid waste for special occasion such as annual festivals or natural disa ters, at per hour, per collection vehicle S22 A4 25 per cubic yard per i em $ per hour, per collection vehicle Bid Bond in the amount of • • The undersigned agrees that, if written notice of the acceptance of this proposal is mailed, telegraphed or delivered to him within thirty (30) days after the date of opening of the bids, or at any time thereafter before this proposal is withdrawn, he will execute the Contract in accordance with the proposal as accepted within ten days after such notice of acceptance is given, and that he will furnish to Owner, a satis- factory performance bond in a sum provided for in the Contract Documents. Accompanying this proposal is a proposal guarantee payable to the City of Round Rock, Texas as follows: Certified Check in the amount of ( $ „,\) Dollars If this proposal shall be accepted and the undersigned shall fail to execute the Contract and furnish bond as above provided, then the proposal gaurantee shall become the property of the City, otherwise, the said proposal guarantee shall be returned to the undersigned. The proposal guarantee of the lowest bidder will be retained until after the bidder to whom the award is made has entered into the contract and has given an acceptable bond. All other proposal guarantees will be returned to the bidders after the amounts of the bids have been determined, compared and the results of such compari- son have been considered by the City of Round Rock. Proposal shall be good for one hundred and twenty days following bid opening. 26 Dollars Names and Addresses of Members of the Firm Names and Business Address of Officers Legal Domicile Return Proposal Guarantee to 27 • 'Respectfully submitted, (If a•firm or individual) SIGNATURE OF BIDDER By: gal. — .SA\N.Q — Address of Bidder: "'),S7 /0 • G• ;T-)C 7 $ \ (If a corporation) SIGNATURE OF BIDDER By: Title and Address: • STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered under oath and the data given must be clear and com- prehensive. If necessary, questions may be answered on separate attached sheets. The bidder may submit any additional information he desires. 1. Name of Bidde ' r. eArVe W. 7.5-7 �^-� � e i � t � y/ 16 e � �J 2. Permanent main office address. A). e , _ /) ' (///,41-6 e ;TX 7 QgoJ 3. When organized? /97/ 4. If a corporation, where incorporated ? /17/i4 5. How many years have you been engaged in the solid waste collection and disposal business under your present firm or trade name ?/; 6. Contracts on hand: (Show level of service provided and per unit price on existing contracts also _now expiration date of contract(s)).6 e 4H Lnelt 61A.D. -t 7. General character of work p rformed by your company.Exe .1142A4" ReSi�berfl� (s coN, vx .Utart Cm1 \ et OK.) f la 104641 8. Have you ever failed to complete any work awarded to you? If so, where and why ?A)0 9. Have you ever defaulted on a contract? If so, where and why? ,I NttJ 10. List your major equipment available for this contract. (Note: f� equipment more than three (3) years old will be acceptable at the beginning of the contract) or of r four (4) years old during the life of the contract. 11. List new equipment you will obtain to fulfill th's proposal. 4 i g:'. Rr - 900o 'S w/'4$3 Cc9I1-ec &». etf"M; 12. Experience in work similar in nature to this undertaking. 5112.3 p7.} Imcw corgi ' R.K- 13. Background and experience of the principal members of your organization including . the officers. /2 �yVLS d - 5& - S ur o r,4 TAJcsv.e... 14. Credit available: $ 76 15. Give Bank reference: f1J44,4&,,1.. C (/ ,r 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Round Rock, Texas. .5 17. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the City of Round Rock, Texas, in varification of the recitals comprising this Statement of Bidder's Qualify (SEAL) SIGNATUR $ub_,cribed and sworn to before me the undersigned uthority this (4- t day of , 19 ? C.„ble) NOTARY PUBLIC FOR C.rciz , COUNTY, TEXAS o 28 q /-- s �l `DMri.'i ;cN G-eP ;r <,. • CD e71.2-5. Pee Z. 1 - Cow sagl 0. a4,,,,,c4 ;(1sVkAiitio.t) /5'Z a �A P�e,�4) ©P `o'� iek 7- pae. auhuci /e,o-iib v Aft 4)// ,, 1 9 . n ids, � 6s '` S, Cu teD S� . 5/. 000.6/,e_s4 oin,,,,,',6A.) ,46,...,44) Nl f Exp - /s, STATE OF TEXAS COUNTY OF WILLIAMSON Signed by qUIDIVer i in• rp9tL Title 1H7 *NA.LA SECTION IV' AFFIDAVIT The undersigned Ve Rk) (Al tk)e►S%A1 r R sworn, deposes and affirms that: a being first duly 1. He is the ©w *e.2 ,a? (Office, Position, Owner) (Bidding !!Firm Name) , the party making the attached proposal or bid; 2. The attached bid is genuine and all statements contained therein are true; 3. The bidder has not by collusion or agreement or conference or in any other way conspired to fix the bid price or to secure any unfair advantage; 4. The bidder has employed no person, corporation, firm, association, or other organization, either directly or indirectly, to secure this public contract, other than persons regularly employed by the bidder in the regular course of their duties; 5. The bidder has not paid and will not pay any part of the bid price to any person, corporation, firm, association, or other organization for soliciting the con- tract, other than the payment of normal compensation to persons regularly employed by the bidder, whose services in connection with the performance of the contract are in regular course of their duties for the bidder. ividual, partner if a par ship, officer if a ;49bscribed and Sworn to this 4}, day of L 'I'YILd , 190. 1 ,Y Notary Public ' 77ffAS nm,riwislon . 1 Ib -85 29 CONTRACT THIS AGREEMENT, made this day of , 198, by and between k A)e- S /1J 2 I2 %SR. CO. herein called "Owner" acting herein (CorporaQe Name of Owner) through its Oe , and itle of Authorized Offic'a ) 1 p , of Ms ).15.2_ , County of ala b, and State of ��{ , hereinafter called "Contractor ". WITNESSETH That forandin consideration of the payments and agreements hereinafter mentioned to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: The Contractor is hereby granted the sole and exclusive license and privilege within the territorial jurisdiction of the City of Round Rock and shall furnish all personnel, labor, equipment, trucks, and all other items necessary to provide solid waste collection, removal and disposal services in the City of Round Rock, as specified, and to perform all of the work called for in accordance with the Contract Documents, including the Notice to Bidders, Instruction to Bidders, General Specifications, Contractor's Proposal, Agreement, Bid Bond, Performance Bond, and Addenda Nos. on file in the office of the City of Round Rock, all of which are made a p rt ereof as fully as if set out herein and hereby become a part of these documents. 30 • It is agreed and understood between the parties hereto that the Contractor agrees to accept and the Owner agrees to pay for the work at the prices stipulated in the Contractor's Proposal, such payment to be in lawful money of the United States, and payment shall be made at the time and in the amount and in the manner set forth in the Contract Documents. This Contract shall become effective immediately upon, and as of the date all necessary parties hereto have approached and signed the same. • " LN •WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each of which shal,11 be deemed an original, in the year and day first above mentioned. Gd / (Witness) (Seal) (Secretary) (Witness) • • Mayor (Title) 31 Title 7 • €11 dofies‘c 7 dress and Zip Code THE STATE OF TEXAS 9 COUNTY OF WILLIAMSON ¢ SECTION V ': PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS THAT, of the City of , County of , and State of as principal, and authorized under the laws of the State of Texas to act as surety on bonds for princi- pals, are held and firmly bound unto the City of Round Rock, Texas, hereinafter called THE CITY, COUNTY OF WILLIAMSON, TEXAS (Owner), in the penal sum of Dollars ( ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, exe- cutors, successors and assigns jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 19 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein con- sisting of: - Citywide Collection and Disposal of Solid Waste in Round Rock, Texas. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contract and occurring within a period of twelve months from the date of the Contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract, and the Plans and Specifications hereto annexed, then remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copies at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, al- teration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, exten- sion of time, alterations or addition to the terms of the contract, or to the work to be performed thereunder. 32 The name and address of the Resident Agent of-Surety is: 33 THE STATE OF TEXAS G COUNTY OF WILLIAMSON THAT, . • PAYMENT BONO. . KNOW ALL MEN BY THESE PRESENTS of the City of County of and State of as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, hereinafter called THE CITY, COUNTY OF WILLIAMSON, TEXAS (OWNER), in the penal sum of Dollars ( ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the day of , 19 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE SAID Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation sh&11 be void; otherwise to remain in full force and effect; PRO'IIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of and said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of tine, alteration or addition to the terms of the contract, or to the work performed there- under, or the plans, specifications or drawings accompanying the same shall in any- wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 19 Principal By Title Address Surety 7A • IN WITNESS WHEREOF, the said Principal And Surety have signed and sealed this instrument this day of , 19_ Principal Surety By By Title Title Address Address The name and address of the Resident of Surety is: 35 BID OR PROPOSAL"BOND KNOW ALL MEN BY THESE PRESENTS, That we , as Principal (Bidder) and , as Surety are held and firmly bound unto the City of Round Rock, (hereinafter called the Owner) in the full and just sum of DOLLARS ($ ) for payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED AND SEALED this day of , 19 THE CONDITION OF THIS OBLIGATION IS THAT, whereas the Principal has submitted or is about to submit a bid or proposal to the Owner on a contract for Solid Waste Collection and Disposal in Round Rock, Texas. NOW, THEREFORE, if the said contract be awarded to the Principal and the Princi- pal shall, within such time as may be specified, enter into the contract in writing and give bond with Surety acceptable to the Owner for the faithful performance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. COUNTERSIGNATURE: (Seal) Principal (Bidder) By: Title: By: 36 Surety Agent or Attorney -in -Fact ADDENDUM NO. 1 APRIL 21, 1983 SECTION II GENERAL SPECIFICATIONS ARTICLE I. Definitions Bags - Plastic sacks designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 45 pounds. Bulky Waste - Stoves, refrigerators, water tanks, washing machines, furniture, tree parts, shrubbery, bagged or containerized rubbish, newspapers, magazines and other waste, other than construction debris, dead animals, hazardous waste or stable matter with weights or volumes greater than those allowed for bins or containers, as the case may be. Three parts, shrubbery, bagged or contain- erized rubbish, newspapers and magazines shall be limited to 75 pounds in weight and be 4 feet in length; however, will be bundled. v 1 of 4 ADDENDUM NO. 1 APRIL 21, 1933 SECTION II GENERAL SPECIFICATIONS ARTICLE 4. OPERATION E. Collection Equipment - The Contractor shall provide an adequate number of new vehicles for regular collection service including new spare vehicles in order to insure proper service level. 2 of 4 ADDENDUM NO. 1 APRIL. 21, 1983 • SECTION I INSTRUCTIONS TO BIDDERS ARTICLE 13. Quantities Preliminary information from available data indicates that the City is presently providing as a minimum: 4,405 residential units curbside pick -up twice a week. 193 commercial units 3 cubic yard containers pick -up three times per week. Part I of Contractor's Proposal provides a more detailed list of current quantities and types of services provided. The City of Round Rock cannot and does not assume any liability in regards to the accuracy of this information. The information is presented herein for the purpose of establishing a general scope of service. Bidders are advised to make such additional investigations as they consider necessary to determine the actual number of service units in the City. 3 of 4 ATTACHMENT'A CITY EQUIPMENT 1977 International Residential Pak -Mor Side Loader 1977 Ford Commercial Container Side Loader, Pak -Mor 250 3 Cubic Yard Side Load Containers 1978 Ford Commercial Container Side Loader, Pak -Mor 1965 Chevrolet Residential Side Loader Pak -Mor 4 of 4 $ as °- $ UOo.°= $ 8A31°° 3. Illustrative Example: a. CPI (All Items), February 1983 = 269.1 b. CPI (All Items), February 1985 = 286.5 c. CPI (Gasoline), February 1983 = 417.7 d. CPI (Gasoline), February 1985 = 371.7 ADDENDUM NO'. 3 MAY 1, 1983 SECTION II GENERAL SPECIFICATIONS ARTICLE 13. Basis and Method of Payment B. Modification to Rates The fees which may be charged by the Contractor for the third and subsequent years of the term hereof shall be adjusted upward or downward to reflect changes in the cost of operations, as reflected by fluctuations in the Consumer Price Index for Urban Wage Earners and Clerical Workers (All Items) and the Consumer Price Index Wage Earners and Clerical Workers, Expenditures Category "Gasoline ", both as published by the U.S. Department of Labor, Bureau of Labor Statistics. As of the last month of the second year of the contract and every twelve (12) months thereafter, (the "Rate Modification Date "), the fees shall be increased or decreased for the ensuring twelve (12) month period in a percentage amount equal to 90 percent of the net percentage change of the All Items Index plus 10 percent of the net per- centage change of the Gasoline Index. All percentage changes are to be computed as the difference between the index value for the first full month prior to the commencement of the contract and the index value for the Rate Modification Date divided by the index value for the first month prior to commencement of the contract. As soon as possible after a Rate Modification Date, Contractor shall send to the City Council a comparative statement setting out for both the All Items Index and the Gasoline Index (1) the index value on the first full month prior to the commencement of the contract; (2) the index value on the Rate Modification Date preceding the date of the statement; (3) the net percentage change; (4) the composite percentage change equal to 90 per cent of the net percentage change in the All Items Index plus 10 percent of the net percentage change in the Gasoline Index; and (5) the increase or decrease in the fees which may be charged by the Contractor. Assume the following: a. Work begins March 2, 1983 b. First full month prior to start is February, 1983 c. Rate Modification Date is March, 1985 d. Month preceding the Rate Modification Date is February, 1985. Assume the following Consumer Price Index values for illustration purposes: • 0 Proposal Quanity Service Unit Unit Price Estimated Monthly Billing 1. 2. 3. PART I RESIDENTIAL 4409' Twice per week roadside to include but not limited to brush, dead animals and ap- pliance pick -up. COMMERCIAL 196 3 cu. yd. bin three (3) times per week. 34 3 cu. yd. bin five (5) times per week. 15 -20 MUNICIPAL 3 cu. yd. bin three (3) times per week from all municipal facilities. $,c pett w)°, $ a L J �SL4 $ 2 b $ 290. 7 - 3 ' $ Alr21..64e $N!) C1.9 cl" * The City of Round Rock cannot and does not assume any liability in regards to the accuracy of this information. The information is presented herein for the purpose of establishing a general scope of service. Bidders are advised to make such additional investigations as they consider necessary to determine the actual number of service units in the City. Item 1 Item 2 PART 2 Special Pick -Up to service units Clean -up collection and disposal of solid waste for special occasions such as annual festivals or natural disasters, at No /J-Qgr. O►2ti No CIA 11! n4L4eris Z coo eQA., FIR per hour, per collection vehicle $ Per 3 cubic yard $ co Per hour, per collec- tion vehicle Cost for Residence Percent of change $Amount of change Cost for Commercial 3 c.y. bin @ 3 /wk. Percent of change $Amount of change 3 c.y.bin @ 5 /wk. Percent of change $Amount of change Special Pick -Up (Per Cubic Yard) Clean -Up Collection (Per Hour) $Bid for Equipment Estimated Monthly billing $ Estimated First Year Gross Revenue to City Operation & Maintenance Net Revenue to City BID SUMMARY 1 Weisinger Longhorn B.F.I. 5.50 5.49 5.11 - 0- - .1 -7 - 0- -.01 -.39 City 5.50 - 0- - 0- 52.2.5 54.21 96.25 35.00 4.1 54.8 63.6 -0- 1.45 19.21 61.25 -0- 60.75 90.35 161.25 59.00 2.88 53.I3 173.80 -0- 1.75 31.35 102.25 -0- 4.05 J. 4.17 15.00 11.66 25.00 25.00 50.00 42,575.00 37,375.00 51,350.00 37,451.22 38,487.47 46,877.50 132,457.92 123,744.92 -0- -0- 132,457.92 123,744.92 163,856.00 -0- 163,856.00 25.00 33,080.50 396,966.00 363,222.00 .33,744.00 May 12, 1983 • ORIGINAL CONTRACT WITH WEISINGER COMPANY WHEREAS, the City has previously contracted with Weisinger Service Company to provide garbage collection and disposal services, and WHEREAS, Weisinger Service Company now requests the consent of the City Council to assign its rights and responsibilities under said contract to Round Rock Refuse, Inc., and WHEREAS, the City Council wishes to exercise its option to extend the term of the contract for a three (3) year period from the date of this resolution, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS ATTEST: RESOLUTION NO. That subject to the City receiving an assignment document in proper form, the City hereby approves and consents to the assignment of the garbage collection contract from Weisinger Service Company to Round Rock Refuse, and BE IT FURTHER RESOLVED That the City hereby exercises its option to extend the term of the contract for three (3) years from the date of this resolution. RESOLVED this ..7 rN day of ANNE LAND, City Secretary 1/2/a , 1984. MIKE ROBINSON, Mayor City of Round Rock, Texas ASSIGNMENT OF CONTRACT THE STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF UVALDE } FOR VALUE RECEIVED, the undersigned, JERRY W. WEIS- INGER ( "Assignor "), hereby SELLS, TRANSFERS, and ASSIGNS to ROUND ROCK REFUSE, INC. ( "Assignee "), a Texas corporation, all of Assignor's right, title, and interest in and to that certain contract ( "Contract ") effective as of May 12, 1983, by and between THE CITY OF ROUND ROCK, Texas, and Assignor (doing business as WEISINGER SERVICE COMPANY) for providing garbage collection services to said city. Assignee hereby accepts the assignment of the Con- tract, and arees to and shall assume all of Assignor's duties, obligations, and liabilities under the Contract, and agrees to and shall hold Assignor harmless from any liabili- ty therefor. EXECUTED the 24th day of August, 1984. A S S I G N O 11 1 " 11411111111 -MIL ISINGER ` A S S I G N E E : : ROUND ROCK REFUSE, INC. By: J 9ES D. STALLING P7 sident MIKE ROBINSON, Mayor City of Round Rock WHEREAS, the City has entered into an agreement with Round Rock Refuse, Inc. for garbage collection services, and WHEREAS, due to the closing of the County's solid waste landfill facility, Round Rock Refuse has been forced to utilize a landfill facility in Travis County, and WHEREAS, this has resulted in substantial increased costs for Round Rock Refuse, and WHEREAS, Article B, paragraph D, of said contract provides for a rate adjustment for changes in operating costs due to, among other things, a change in location of the disposal site, and WHEREAS, Round Rock Refuse has requested a rate adjustment due to the change in disposal site, and WHEREAS, the Council has determined that such request is reasonable due to the circumstances described above, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That due to the change in disposal site, Article 14- Compensation of said contract, is hereby amended so that instead of withholding twenty percent (208) to cover the cost of billing, collection, and administration, the City will withhold fifteen percent (158), BE IT FURTHER RESOLVED That the foregoing amendment shall remain in force and effect for 90 days or until the Williamson County landfill is reopened, whichever first occurs. RESOLVED this 10th day of January, 1985. A _ EST: RESOLUTION NO J ;''• NNE LAND, City Secretary U • RATE ADJUSTMENT FOR ROUND ROCK REFUSE January 10, 1985 RESOLUTION NO. WHEREAS, the City has entered into an agreement with Round Rock Refuse, Inc. for garbage collection services; and WHEREAS, the landfill facility used by Round Rock Refuse, Inc. has increased its user fees to Round Rock Refuse Inc.; and WHEREAS, this has resulted in substantial increased costs for Round Rock Refuse, Inc.; and WHEREAS, Article B, paragraph D, of said contract provides for a rate adjustment for changes in operating costs due to, among other things, unusual changes in costs; and WHEREAS, Round Rock Refuse has requested a rate adjustment due to the change in costs to it; and WHEREAS, the Council has determined that such request is reasonable due to the circumstances described above, Now BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That due to the change in costs to Round Rock Refuse, Inc., Article 14- Compensation of said contract, is hereby amended so that instead of withholding twenty percent (20%) to cover the cost of billing, collection and administration, the City will withhold eighteen percent (18%); BE IT FURTHER RESOLVED: That the foregoing amendment shall remain in force and effect until such time as Round Rock Refuse, Inc. shall formally request a rate increase, at which time the City's percentage shall revert to twenty percent (20%); RESOLVED this day of 1985. ATTEST: T9CITYA NE LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock • • RATE ADJUSTMENT FOR ROUND ROCK REFUSE May 23, 1985