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FIFTH AMENDED AND RESTATED CONTRACT FOR COLLECTION AND DISPOSAL OF <br /> SOLID WASTE AND RECYCLABLE MATERIALS <br /> This Fifth Amended and Restated Contract (the "Contract') is made between the City of San <br /> Marcos,Texas(the"City"),630 East Hopkins, San Marcos,Texas 78666 and Texas Disposal Systems,Inc. <br /> (the "Contractor"), P.O. Box 17126, Austin, TX 78760-7126, and amends the Fourth Amended and <br /> Restated contract approved by City Council through Resolution No.2013-152R on October 2,2013 for the <br /> provision of solid waste, recyclable and green waste collection and disposal services. <br /> The City and the Contractor agree as follows: <br /> ARTICLE 1 <br /> CONTRACTOR'S SERVICES AND RESPONSIBILITIES <br /> Section 1.1 Standards of Performance <br /> 1.1.1 The Contractor is responsible for providing solid waste collection and disposal services within the <br /> City of San Marcos, including but not limited to,residential solid waste collection and disposal,residential <br /> and multifamily recycling collection and disposal and residential Green Waste materials collection and <br /> disposal all in accordance with the terms and conditions of this Contract, and in a good and workmanlike <br /> manner.These services will include furnishing all labor,equipment,tools,materials,insurance,supervision, <br /> and all other items necessary to complete the work as specified. No work under this Contract will be <br /> subcontracted by the Contractor without prior written approval from the City. Any subcontracts will be in <br /> writing and will be subject to each provision of this Contract. <br /> 1.1.2 The Contractor certifies that it has fully acquainted itself with all conditions related to this Contract <br /> and will complete its services in and under any conditions it may encounter or create, without additional <br /> cost to the City or to residential solid waste, recycling, and Green Waste customers, except for material <br /> changes in conditions or requirements of the work occurring during the term of this Contract without the <br /> fault of the Contractor. <br /> 1.1.3 The Contractor certifies that it is not now nor will it become delinquent in the payment of taxes to <br /> any governmental entity, unless the payments are in dispute. <br /> Section 1.2 Definitions <br /> In this Contract,the following terms will have the following meanings: <br /> 1.2.1 Bag—A plastic sack designed to store solid waste with sufficient wall strength to maintain physical <br /> integrity under normal loading when lifted by the top. <br /> 1.2.2 Bulk Waste — Waste that included sofas, stoves, refrigerators, water tanks, washing machines, <br /> dryers, air conditioners, sinks, toilets, furniture, and other waste materials and appliances (certified where <br /> applicable as Freon-free), and like items other than construction debris, or stable matter with weight or <br /> volumes greater than allowed in approved bins or containers, as the case may be or that can be loaded by <br /> one(1)person at curbside. <br /> 1.2.3 Bundle- Tree, shrub and brush trimmings or newspapers and magazines securely tied together <br /> forming an easily handled package not exceeding four feet in length or 35 lbs. in weight. <br /> 1.2.4 Cart—A 35, 65, or 96-gallon capacity plastic container with attached lid and wheels designed to <br />