R-90-1495 - 8/23/1990 RESOLUTION NO. 1495R
WHEREAS, the existing garbage collection contract between the
City and Round Rock Refuse, Inc. expires on September 13 , 1990, and
WHEREAS, the City wishes to enter into a revised contract with
Round Rock Refuse, Inc. , Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Contract for garbage collection with Round Rock
Refuse, Inc. , a copy of said Contract being attached hereto and
incorporated herein for all purposes.
RESOLVED this 23rd day of August, 1990.
" dL
MIKE ROBINSON, Mayor
City of Round Rock, Texas
ATTEST:
J NNE LAND, City Secretary
RS08230D
REFUSE COLLECTION CONTRACT
STATE OF TEXAS .
COUNTY OF WILLIAMSON ;
This Contract is entered into this / '40-day ofaki6mi, 1990,
by and between the City of Round Rock,--- a municipal corporation,
hereinafter referred to as "City" and Round Rock Refuse, Inc. , a Texas
corporation, hereinafter referred to as "Contractor. "
In consideration of the mutual promises of the parties hereto, they
do agree as follows:
ARTICLE 1. SCOPE OF THIS CONTRACT
The work to be done consists of furnishing all labor, tools,
equipment and materials, supplies and services to perform all work and
services necessary to satisfactorily collect all refuse from residential
units within the City of Round Rock, transport collected refuse to the
disposal location, and perform all other work or services incidental to
refuse collection and transportation services in strict accordance with
the terms and provisions of this contract. Collection shall also be
provided to residential units located outside the City's corporate
limits as specifically designated by the City. Except as specifically
provided herein, this Contract does not include the collection of refuse
from multi-family, commercial, industrial, institutional, governmental,
or school uses or facilities.
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 refuse or bulky waste, or not on a regular collection day or
at regular collection times. Special pick-up shall be requested by the
customer and arrangements for payment shall be made between the
Contractor and the customer.
The Contractor agrees to provide at no additional charge refuse
collection services to all City owned buildings and facilities including
parks.
ARTICLE 2 . DEFINITIONS
Batts - 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 50 pounds.
Base Rate - The rate for collection of refuse as contracted herein.
C-WPREFUSECO
Bulky Waste - Stoves, refrigerators, water tanks, washing machines,
furniture, 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.
Brush - Tree parts, branches, shrubbery, foliage, grass, leaves and
other coarse vegetation.
Construction Debris - Waste building materials resulting from
construction, remodelling, repair or demolition operations.
Container - A receptacle with a capacity of greater than 20 gallons but
not more than 32 gallons (unless approved by Contractor) constructed of
plastic, metal or fiberglass having handles of adequate strength 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 50 pounds.
Garbage - All normal and usual household waste products that are placed
in approved containers for collection purposes and are usually a mixture
of putrescible, combustible and incombustible materials, such as organic
wastes from food preparation and consumption, wrapping and packaging
materials, metal, glass and plastic containers and other items.
Refuse - Refuse shall mean and include any combination of Garbage,
Rubbish and Brush.
Residential Unit - A dwelling unit 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.
Rubbish - A mixture of small, non-putrescible household, waste products
containing a high percentage of combustible materials such as paper,
cardboard, plastics, wood scrap, and including non-combustibles such as
glass, crockery, cans and light scrap metals.
ARTICLE 3 . TYPE OF COLLECTION
The Contractor shall provide curbside collection of up to six sacks
or bundles of refuse to each residential unit two (2) times per week,
however, when collecting of refuse is limited to one time a week due to
a holiday, Contractor shall collect up to twelve sacks or bundles of
refuse. Containers, bags, etc. shall be placed at roadside for
collections by 7: 00 a.m. on the designated collection day. Brush not
placed in a sack or container shall be placed in bundles of no more than
fifty (50) pounds and four (4) feet in length. Sacks or containers of
solid waste shall be limited to fifty (50) pounds or less.
The Contractor shall provide for collection on one regular pick-up
day per week of bulky waste which meets the above specifications. This
service shall be included in the cost for collection of service units.
2.
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.
Contractor shall not be required under this contract to enter
private driveways to individual residential units. However, a
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 shall
submit to the City a certificate or letter of indemnification
satisfactory to the City from the residential unit prior to beginning
any such special service.
ARTICLE 4. OPERATION
A. Hours of Operation - Collection of residential solid waste
refuse shall not start before 7:00 a.m. or continue after 8:00
p.m. Provided however, in the event of mechanical breakdown or
other similar unusual circumstance, Contractor may make
reasonable exceptions to the designated hours of collection in
order to complete the required collection.
B. Routes of Collection - Collection routes shall be established
by the Contractor. Contractor shall submit a map designating
the collection route to the City for its approval. The
Contractor may from time to time propose changes to the City
for its approval. Contractor shall promptly give written
notice to the affected service units.
C. Holidays - Contractor shall not be required to collect refuse
on the following holidays: New Years Day, Memorial Day, July
4th, Thanksgiving and Christmas.
D. Complaints - All complaints shall be made directly to the
Contractor and shall be given prompt and courteous attention.
In the case of missed scheduled collections, the Contractor
shall arrange for the collection of the refuse not collected
within 24 hours after the complaint is received. A quarterly
report of such complaints shall be made to the City and the
Contractor may make an investigation to determine if such
allegations are valid and shall 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 vehicles for regular collection service and
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
3.
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.
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 City
limits, unless written approval of the City is obtained in
advance, which approval shall not be unreasonably withheld.
The approval of this Contract shall constitute the City's
approval of the Contractor's office location on County Road
172 . 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.
G. Hauling - All refuse 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 refuse 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 the City of Round Rock. Any charge for disposal
shall be included in the rate set forth herein.
I. Notification - The Contractor shall notify all service units
about complaint procedures, rates, regulations and days
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 representative.
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 refuse 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. Refusal to Serve - The contractor may refuse to serve a
location as specified under one or more of the following
conditions:
4 .
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 residential unit.
4 . Contractor may refuse to collect refuse in excess of six
(6) containers, bags or bundles, when regular twice a
week collection is provided, and twelve containers, bags
or bundles when a holiday limits collection to one time
a week.
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.
M. Collection Personnel - The Contractor shall assign a qualified
person or 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
qualifications 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
appropriate attire.
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 agents
or anyone acting 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.
5.
ARTICLE 6. LICENSES AND TAXES
The Contractor shall obtain all licenses and permits and promptly
pay all taxes required by all municipalities, the County and State.
ARTICLE 7. TERM OF THE CONTRACT
The term of this Agreement shall commence on October 1, 1990 and
shall continue in effect for a minimum period of three (3) years. The
term shall be automatically renewed from year to year such that the
balance of the term remains three (3) years unless either party hereto
shall give written notice of termination by certified mail to the other
at least thirty (30) days prior to the last day of any contract year
hereunder. Such notice shall serve to terminate the automatic one year
renewal provisions and the agreement shall remain in effect for the
remainder of the three year term then outstanding.
ARTICLE 8. INSURANCE
The Contractor shall at all times during the terms of this Contract
maintain in full force and effect, Employer's Liability, Workman's
Compensation, Public Liability and Property Damage Insurance. 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 provide that the City
is an additional named insured.
For the purpose of the contract, the Contractor shall carry the
following types of insurance in at least the limits specified below:
COVERAGES: LIMITS OF LIABILITY:
Workmen's Compensation Statutory
Employer's Liability $500, 000
Bodily Injury Liability $500, 000 each occurrence
Except Automobile $1, 000, 000 aggregate
Property Damage Liability $500, 000 each occurrence
Except Automobile $500, 000 aggregate
Automobile Property Damage
Liability $500, 000 each occurrence
Automobile Bodily Injury
Liability $500, 000 each person
$1, 000, 000 each occurrence
ARTICLE 9. PERFORMANCE BOND
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 annual year's billing (based on the
6.
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.
ARTICLE 10. COLLECTION RATES
For collection and disposal of refuse as required by this Contract,
Contractor shall charge $6.87 per unit per month.
The Contractor may petition the City for rate adjustments at
reasonable times on the basis of changes in its cost of operations, such
as changes in statutes or the cost of utilizing land fills. Contractor
shall be entitled to a fair, just and reasonable rate in relation to the
cost of providing the service contemplated by this Contract.
ARTICLE 11. BILLING AND COLLECTION
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 rate provided herein 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.
Monthly payments to the Contractor shall be based on actual numbers
of pick-ups for any unit not receiving a full month's service. 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 12 . TRANSFERABILITY OF CONTRACT
No assignment of this Contract or any right occurring thereunder,
or sale of stock or other ownership interest shall be made in whole or
part by the Contractor, either voluntarily or involuntarily or by any
7.
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 otherwise, 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.
Contractor shall not sub-contract any portion of this Contract to any
person, party, or firm without the expressed written consent of the
City. In the event of any sale transfer or assignment consented to by
the City, the transferee as its legal representative shall agree in
writing with the City to personally assume, perform, and be bound by the
covenants, obligations, and agreements contained herein.
ARTICLE 13 . 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 specifications.
ARTICLE 14. DISCONTINUED SERVICE AND OTHER BREACHES OF CONTRACT
A. If the Contractor fails to provide the refuse 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 negotiate with other
Contractors for the operation of said refuse collection
service and/or take the actions provided below for
8.
bankruptcy, default, breach of contract'. Such actions
shall not release the Contractor herein of his liability
to the City for such breach of agreement.
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.
ARTICLE 15. CONTRACTOR'S PROPERTY
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 equipment necessary for the performance of
this Contract and shall furnish the City with such inventory.
9.
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 16. 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 17. LIQUIDATED DAMAGES
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 impracticable 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
prior to 7: 00 a.m. or continuing such $100.00 per day
collection after 8: 00 p.m. per truck
Failure to collect missed pick-ups within $20. 00 per missed
24 hours of notification to Contractor. pick-up
Repetition of complaints on a route after
notification of spilling, non-collection,
or similar violation. $100.00 per day
10.
Such liquidated damages as the City shall elect to 'collect will be
deducted from the monthly payments due the Contractor.
ARTICLE 18. SPECIAL PICK-UP RATES
For the collection of refuse which does not meet the specifications
provided for herein, or for other collection service requested by a
unit, the Contractor shall charge no more than ten dollars ($10.00) per
cubic yard with a minimum of thirty dollars ($30.00) per service call.
ARTICLE 19 . MISCELLANEOUS PROVISIONS
A. Independent Contractor
It is expressly understood and agreed by and between the
parties that the Contractor is hired and engaged as an
independent contractor and is not an officer, agent or
employee of the City.
B. Indemnity
Contractor shall indemnify and save harmless City and its
agents and employees from all suits, actions, or claims of any
character, type, or description brought or made for or on
account of any injuries or damages received or sustained by
any person or persons or property, arising out of, or
occasioned by, the acts of Contractor or its agents or
employees, in the execution or performance of this contract.
C. Force Majeure
In the event that the performance by Contractor of any of his
obligations or undertakings hereunder shall be interrupted or
delayed by any occurrence and not occasioned by the conduct of
either party hereto, whether such occurrence be an act of God
or the common enemy or the result of war, riot, civil
commotion, sovereign conduct, or the act or conduct of any
person or persons not party or privy hereto, then he shall be
excused from such performance for such period of time as is
reasonably necessary after such occurrence to remedy the
effects thereof.
D. Attorney's Fees
If any legal action is brought by either of the parties
hereto, it is expressly agreed that the party in whose favor
final judgment shall be entered shall be entitled to recover
from the other party reasonable attorney's fees in addition to
any other relief which may be awarded.
E. Cumulative Remedy Clause
The rights and remedies granted in this agreement to City in
the event of default are cumulative, and the exercise of such
11.
rights shall be without prejudice to the enforcement of any
other right or remedy authorized by law or this agreement.
F. Venue Provision
The obligations and undertakings of each of the parties to
this agreement shall be performable in Williamson County,
Texas.
G. Entire Agreement Clause
This agreement supersedes any and all other agreements, either
oral or in writing, between the parties hereto with respect to
the subject matter hereof and contains all of the covenants
and agreements between the parties with respect to said
matter. Each party to this agreement acknowledges that no
representations, inducements, promises, or agreements, orally
or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein, and that
no other agreement, statement, or promise not contained in
this agreement shall be valid or binding.
H. Partial Invalidity
If any term, provision, covenant, or condition of this
agreement is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remainder of the
provisions shall remain in full force and effect and shall in
no way be affected, impaired, or invalidated.
I. Notice
Any notice to be given hereunder by either party to the other
shall be in writing and may be effected by personal delivery
in writing or registered or certified mail, return receipt
requested. Notice to City shall be sufficient if made or
addressed to City of Round Rock, 221 E. Main Street, Round
Rock, Texas, 78664, Attention: City Manager, and to Contractor
at Round Rock Refuse, 1001 North Industrial Blvd. , Round Rock,
Texas 78680. Each party may change the address for notice to
him by giving notice of such change in accordance with the
provisions of this paragraph.
CONTRACTOR:
Round Rock Refuse, Inc.
By:—AVOA�
R.4- 7-1-ER President
(typed name)
12.
• CITY:
City of Round Rock, Texas
By: )"
Mike Robinson, Mayor
ATTEST:
Jo ne Land, City Secretary
13 .
DATE: August 21 , 1990
SUBJECT: City Council Meeting, August 23 , 1990
ITEM: 9D. Consider a resolution authorizing the Mayor to enter into
a contract for garbage services.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
The present garbage collection contract expires on September 13,
1990. The staff has reviewed and revised the existing contract
to better reflect the current arrangement between the contracts
and the City. The changes will be discussed at the meeting.
JLZ
COMMERCIAL
N
Lloyds Insurance Company
TEXAS STATUTORY PERFORMANCE BOND
(Penalty of this bond must be 100%of Contract amount)
STATE OF TEXAS
BD13083
COUNTY OF TRAVIS BOND NUMBER..........................
KNOW ALL MEN BY THESE PRESENTS:
That—Round Rock Refuse, Inc.
...........................................................................................................
CON
..............................................
...............................................................
...........
(hereinafter called the Principal), as Principal, and COMMERCIAL LLOYD'S INSURANCE COMPANY
(hereinafter called the Surety), as Surety, are held and firmly bound unto .................................
City of Round Rock
........................................................................................................................
..................................................................
......................................................
........................................................................................................................
(hereinafter called the Obligee), in the penal sum of.One Hundred Fifty.T�ousand and
.... ...............................
no/100 ---------------------------------------------------------------
...... ..................................................................................................
Dollars
($..150.,0-Q 0.,Q-Q- for t he payment of which sum weII and truly to be made, we bind ourselves,
our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
Ist
.................day of..Jul y................1993......., a copy of which is hereto attached and made a part
hereof, for
Refuse Hauling
: -
NOW,THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said Principal shall
faithfully perform the work in accordance with the plans, specifications and contract documents, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Revised
Civil Statutes of Texas and all liabilities on this bond shall be determined in accordance with the provisions
thereof to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
1st
........................ day of ....July................ . 19..9.3
Round Rock Refuse, Inc.
................................................... ......................................................
................................................... ........................................................
.............................................
F 1COMERCIAL LLPYD'S IN UR E=CO W 4.4 Y,
_C............ ... ................................. By.. .......... .. . ..............
W. Schuler Attomey-in-fadt
7
2 V
Comm ercia�7..loyd's Insurance Company MMMERCIAL1308339of S.Lamar ..,,,,..��►►
Austin,Texas 78704 UwS kumm COII1l " POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That Union Commercial,Inc.,a Corporation duly organized and existing under the laws of the State of Texas,having its principal office in
Austin,Texas,Attorney-In-Fact for the Underwriters at Commercial Lloyd's Insurance Company, pursuant to the following resolution which
is now in full force and effect:
"That each of the following officers: the President,or any Vice-President,may from time to time appoint Attorneys-in-Fact,and Agents to
act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority and other writings obligatory
in the nature of a bond,and any of said officers may at any time remove any such appointee and revoke the power and authority given him,"
does hereby make,constitute and appoint: John W. Schuler
Its true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowl-
edge and deliver in its behalf,and as its act and deed,as follows:
All bonds not to exceed on any single instrument one hundred fifty thousand and no/100
lL
a
IN WITNESS WHEREOF, Union Commercial,Inc.has caused these presents to be signed by its President,and its Corporate .0
Seal to be affixed,this 1st day of November, 1991.
o�GOMwFRC/4 � �I
SEAL John W. Schuler President U
46SlIN.J* }
State of Texas ;
County of Travis C
C
1
On this 1 st day of November,in the year 1991,before me Shannon McBride,a notary public,personally appeared John W.Schuler,personally
known to me to be the person who executed the within instrument as President,on behalf of the Corporation therein named and acknowledged
to me that the Corporation executed it. Op
SHANNON McBT
tW i�j IM
Commission Expires 2-5-94 Shannon McBride Notary Public
CERTIFICATE
I,the undersigned,Secretary of Commercial Lloyd's Insurance Company,DO HEREBY CERTIFY that the fryegoing and attached Power of
attorney and Certificate of Authority remains in full force and has not been revoked:
igned and Sealed at the said Company at Austin,Texas dated this 1st day of� i,�ly ' 19 93
SEAL
Secretary
'usriw
RECEIVED
SureTec Insurance Company OCT 5 - 2007
Continuation Certificate
Performance Bond
The SureTec InsuranceCompany— (hereinafter called the Company)
hereby continues in force its Bond No. 41snonn in the sum of
One Hundred Fifty Thousand and 00/1 00th Dollars, ($ 150,000.00 ).
On behalf of Round Rock Refuses Inc , as Principal and
City of Round Rock , as Obligee for
the (extended) term beginning on October 27, 2007 and ending on
October 27, 2008 subject to al the covenants and conditions of said
Bond, said bond and this and all continuations thereof being one continuous contract.
This continuation is executed upon the express condition that the Company's liability
under said Bond and this and all continuation thereof shall not be cumulative and shall in
no event exceed the sum of One Hundred Fifty Thousand and 00/100th Dollars.
IN WITNESS THEREOF, the Company has caused this instrument to be signed by its
officers proper for the purpose and its corporate seal to be affixed on September 13 2007.
SureTec Insurance Company
Surety
Witness By:
Jo n W. Schuler ',Attorney-In-Fact
POA tl• 4221095
SureTec Insurance Company umber: 4350000
MUTED POWER OF ATTORNEY
Know AM Men by These Presents,
u
existing under the laws That SURETEC INSURANCE COMPANY (the "Company'), a corporation duly organized and
make,constitute and appoint the State of Texas,and having its principal office in Houston,Harris County, Texas, does by these presents
John W.Schuler
of Austin, Texas its true and lawful Attorney(s)-in-fact,with full power and authority hereby conferred in its name,place and stead,to
execute, acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars and no/]00($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate
seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the
premises. Said appointment shall continue in force until June 30 2008 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(*in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledgc and
deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such in stnnments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be tt Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20r'ojApril,
1999.)
In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal
to be hereto affixed this 20th day of June,A.D.2005.
�SVRANt- RETEC INS CE COMPANY
W By: ,
State of Texas ss: ?� � 12 Bill King,
r It
County of Harris ♦ ��`�
On this 20th day of June,A.D.2005 before me personally came Bill King,to me known,who,being by me duly swom,did depose and say,that he
resides in Houston, Texas,that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
Board of Directors of said Company;and
instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the
that he signed his name thereto by like order.
M *9 Dwmy
Noby Pubib
• * liars d Texas ]
Mr Cow*"EON Mich flee Denny,Notary pubrc
27,2008 My commission expires August 27,2008
1,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston,Texas this 13th day of September 2007 A.D.
M.Brent Beaty,Assistant Se re ry
Any Instrument Issued In excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call(713)812-0800 any business day between 8.00 am and 5:00 pm CST.
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint:
You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099
You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin,Texas 78759
You may contact the Texas Department of Insurance to obtain information on companies,coverage, rights or
complaints at 1-800-252-3439.
You may write the Texas Department of Insurance at
PO Box 149104
Austin,TX 78714-9104
Fax#: 512-475-1771
PREMIUM OR CLAIM DISPUTES:Should you have a dispute concerning your premium or about a claim,you
should contact the Surety first. If the dispute is not resolved,you may contact the Texas Department of
Insurance.
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and
the surety shall not be liable for, losses caused by acts of terrorism, riot, civil
insurrection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, and Fungi
The Bond to which this Rider is attached does not provide coverage for,and the surety thereon shall not be
liable for,molds,living or dead fungi, bacteria,allergins, histamines,spores,hyphae,or mycotoxins,or their
related products or parts,nor the remediation thereof,nor the consequences of their occurrence,existence,or
appearance.
Triple Rider with Mold Excl.doc rev.1_1_06 1