Res 2013-152/Authorizing the CM to execute a fourth amended and restated contract for collection and disposal of solid waste and recyclable materials with TDS

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A. The Contractor will not spill or leave residential solid waste remaining when making pickups. If the Contractor spills residential solid waste or recyclables it will clean the spill by whatever means necessary before the truck leaves the premises. The Contractor will clean up liquid and hydraulic spills with an absorbent that will be carried on all trucks. If a spill leaves a stain on a roadway, building, or other similar surface, the Contractor will use all reasonable means available to remove the stain and restore the facility to the satisfaction of the Director. B. The Contractor will be responsible for injuries to any person and damage to any property, including City -owned property caused by willful wrongful or negligent acts related to the Contractor's operations and activities under this Contract. C. The Contractor will replace or repair all Carts damaged by normal wear and tear or damaged by the Contractor free of charge. The Contractor will replace up to one Solid Waste and one Recycle Cart lost or stolen at no charge per customer per year. The customer is responsible for Carts lost or stolen in excess of the free replacement or damaged or destroyed by abuse at a cost per cart of $65.00 including delivery. 1.4.2 Collection Routes A. Starting on the first anniversary of this Contract, the Contractor will establish Residential and Multi- family Unit collection routes and will submit a map designating the collection routes and times to the Director for approval annual),;- The Contractor may propose changes in routes or days of collection affecting Residential c: "Viulti- family Units by submitting a written request at least 30 days in advance, unless a shorter period of time is approved by the Director. Any change in routes or scheduling will b., subject to approval by the Director prior to implementation. The Contractor will deliver a written notice of approved changes to each affected Residential and Multi- family Unit at least 30 days prior to the change, unless a shorter period of notice is approved by the Director. B. The Contractor will publish a map annually of the approved Residential and Multi- family Unit collection days for respective portions of the contract area in a newspaper circulated in the contract area at least twice during each calendar year. The Contractor will also provide mailing inserts to the Director for distribution in customer's bill. C. The Contractor will not commence any residential collection prior to 7:00 a.m. or after 7:00 p.m., unless otherwise approved by the Director. 1.4.3 Holidays The Contractor may observe six legal holidays in each calendar year (New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day). If a holiday is to be observed, the Contractor will publish a notice in a newspaper circulated in the contract area advertising the change in the schedule. The notice will be no smaller than a 4 X 4 advertisement. A decision to observe any of the above holidays does not relieve the Contractor of its obligation to provide the same frequency of collection service for that week of the holiday, as stated in this contract, for Residential and Multi- family Units. The Contractor will perform required collections on an alternate day, approved by the Director, on each week in which a holiday falls. 9