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SECOND AMENDED AND RESTATED CONTRACT FOR COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS This Second Amended and Restated Contract (the "Contract') is made between the City of San Marcos, Texas (the "City "), 630 East Hopkins, San Marcos, Texas 78666 and Texas Disposal Systems, Inc. (the "Contractor "), P.O. Box 17126, Austin, TX 78760 -7126, and amends the "Amended and Restated Contract for Collection and Disposal of Solid Waste and Recyclable Materials" dated December 2, 2008 as amended by "Amendment No. 1 dated December 1, 2009" for the provision of solid waste and recyclable materials collection and disposal services. The City and the Contractor agree as follows: ARTICLE 1 CONTRACTOR'S SERVICES AND RESPONSIBILITIES Section 1.1 Standards of Performance 1.1.1 The Contractor is responsible for providing solid waste collection and disposal services within the City of San Marcos, including but not limited to, residential solid waste collection and disposal, residential and multifamily recycling collection and disposal, and residential bulky and yard waste collection and disposal in accordance with the terms and conditions of this Contract, and in a good and workmanlike manner. These services will include furnishing all labor, equipment, tools, materials, insurance, supervision, and all other items necessary to complete the work as specified. No work under this Contract will be subcontracted by the Contractor without prior written approval from the City. Any subcontracts will be in writing and will be subject to each provision of this Contract. 1.1.2 The Contractor certifies that it has fully acquainted itself with all conditions related to this Contract and will complete its services in and under any conditions it may encounter or create, without additional cost to the City or to residential solid waste and recycling customers, except for material changes in conditions or requirements of the work occurring during the term of this Contract without the fault of the Contractor. 1.1.3 The Contractor certifies that it is not now nor will it become delinquent in the payment of taxes to any governmental entity, unless the payments are in dispute. Section 1.2 Definitions In this Contract, the following terms will have the following meanings: 1.2.1 Bag — A plastic sack designed to store solid waste with sufficient wall strength to maintain physical integrity under normal loading when lifted by the top. 1.2.2 Bulky Waste - Bulky waste consists of 3 cubic yards or less of Freon -free appliances, furniture and other large waste materials, Construction Debris, or items that do not fit in the Cart other than Dead Animals, Hazardous Waste or Stable Matter. 1.2.3 Bundle - Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet in length or 35 lbs. in weight. 1.2.4 Cart — A 35, 65, or 96 gallon capacity plastic container with attached lid and wheels designed to be lifted and emptied mechanically.