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AMENDED AND RESTATED CONTRACT FOR COLLECTION AND DISPOSAL OF <br />SOLID WASTE AND RECYCLABLE MATERIALS <br />This Amended and Restated Contract (the "Contract') is made between the City of San Marcos, Texas <br />(the "City"), 630 East Hopkins, San Marcos, Texas 78666 and Texas Disposal Systems, Inc. (the <br />"Contractor"), P.O. Box 17126, Austin, TX 78760-7126, for the provision of solid waste and recyclable <br />materials 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, <br />residential recycling collection and disposal, and residential bulky and yard waste collection and disposal <br />in accordance with the terms and conditions of this Contract, and in a good and workmanlike manner. <br />These services will include furnishing all labor, equipment, tools, materials, insurance, supervision, and <br />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 <br />Contract and will complete its services in and under any conditions it may encounter or create, without <br />additional cost to the City or to residential solid waste and recycling 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 <br />physical integrity under normal loading when lifted by the top. <br />1.2.2 Bulky waste - Includes Freon free appliances, furniture and other large waste materials or items <br />that do not fit in the cart, other than construction debris, dead animals, hazardous waste or stable matter. <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 plastic container with attached lid and wheels. <br />1.2.5 Collection - The removal and transportation of materials from the pickup point to the approved <br />processing or disposal site. <br />1.2.6 Container - A metal bin used to store solid waste, designed to be lifted and emptied mechanically.