HomeMy WebLinkAboutC2007-239 - 7/17/2007 - Approved~
WASTE DISPOSAL AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
SKID-O-KAN/HAUL AWAY
2007-239
07/17/07
M2007-180 ~o~
Skid-o-KanlHaul Away
"
Page 1 of 39
1 i
t
1
TABLE OF CONTENTS
i
1 ~
Article Subject Page Number
i General Provisions ................................................................................................... 3
2 Acceptable Waste ........................... ................7
3 Fees ...........................................................................................................................8
4 Billing and Payments ................................................................................................9
5 Landfill Procedures ................................................................................................ 10
6 Assignments ..............................
............................................................................. 11
7 Insurance ........................................... . .................................................................... 12
S Indemnification ..................................................................................................... 12
9 Go~ernmental Regulation .......................................................................................14
10 Suspension for Force Majeure ............... .......................14
..........................................
11 Liquidated Damages and Defauit ...........................................................................1 S
12 Representation and Warranties .............................................................................. 17
13 Governing Law and Venue .................................................................................... 18
14 Miscellaneous Provisions ...................................................................................... I8
Elliolt 2607 Skid O Kan Agmt Oh2807.doc Page 2 of 39
f
WASTE DISPOSAL AGREEMENT
f 1 '
This Waste Disposal Agreement ("Agreement") between the City of Corpus Christi ("the City"), and
Skid-O-Kan/Haul Away ("Hauler") requires the City to accept, pracess, and dispose of acceptable
solid waste brought by the Hauler to the City's 7. C. EIliott Municipal Landfill ("Landfill"), located
at 7001 Ayers in the City of Carpus Christi, Texas, and requires the Hauler to deliver to the Landfill
and pay for the disposal of a minimum volume of acceptabl~ Solid Waste under the terms and
conditions of this Agreement.
The parties agree to the followin~:
ARTICLE 1. GENERAL PROVISIONS.
1.1. Definitions. The follawing words and phrases have the fallowing meanings when used in this
Agreement:
Acceptable wa.rte means garbage, litter, refuse, rubbish, yard waste, heavy brush, debris, and
construction/demolition materiats, but does nat ir~clude hazardous, medical, or unacceptable waste.
Act means the Solid Waste Disposal Act, as amended, 42 U.S.C. 6901, et seq.
Baclky items means indaor and outdoor furniture, mattresses and box springs, carpet, swing sets,
plastic swimming poals, large toys, bicycles, fish aquariums, and large houset~ald appliances.
CERCLA means the Comprehensive Environmental Response, Compensation and Liability Act of
1980, as arnended, 42 U.S.C. 9601, et seq.
Clean wood waste means individ~al pieces af woad af the type normally sald by lumber yards and
home improvement centers that is fre~ of hardware and o~her large fasteners, such as hinges,
hurricane straps, latches, etc., and is not attached to concrete, wallboard, roofing materials, or other
construction materials.
Coastal Bend Region means Aransas, Bee, Brooks, Duval, Jim Wells, Live Oak, Kenedy, Kleberg,
McMullen, Nueces, San Patricio, and Refugio Counties.
Constr-uction/demolition materials means waste resulting from construction or demolition projects,
including brick, cancrete, concrete rubb~e, gypsum board, lumber, sheetrock, roofing materials,
fixtur~s (such as bath tubs, shawer stalls, sinks, and toilets), and remodeling debris {such as cabinets,
ceramic tile, Formica, and similar i~ems).
Debris means large waste materials, such as cor~st~ction/demolitian materials, ashes, roofing
materials, dirt, automabile frames, tires, or other bulky heavy materials.
Elliott 2007 Skid O Kan Agmt 062807.doc Page 3 of 39
Effectil~e date means June 1, 2007.
r ~ i
Force Maje~rre means any event or condition, wh~ther affecting the Landfill, the City, or the Hauler,
that has, or may reasonably be expec~ed to have, a material adverse effect on a party's obligation
under this Agreement or on the Landfiil, if the event or conditian is beyond the reasonable control,
based on sound rnanagement or industry practices, and not the result of willful or negligent action or
a lack of reasonab~e diligence, of the party ("non-performing party") relying the event or conc~itian
as justification for not performing any vbligatian or complying with any condition required of the
party under this Agreement. The following events or condition shall, if they meet the requirements
of the preceding sentence, constitute a Force Majeure:
(a) An act of God, storm, flood, or similar occurrence {except for weather conditions normal
for the area) landslide, earthquake, fire, or other casualty, an act of the public enemy, war,
blockage, insurrection, riot, general arrest or restraint of government and people, civil
disturbance or similar occurrence.
(b} The order or judgment of any Federal, State, or local court, administrative agency, or
governmental offcer or body, if it is not also the result of willful or negIigent action or a lack
of reasonable diligence of the non-performing party, and the non-performing party does not
control the administrative agency or governmental affcer or bady, provided that the diligent
contest in good faith af any order or judgment does nat constitute or may not be construed as
a willful or negligent action or a lack of reasanable diligence of the non-performing parEy.
{c} The adoption, promulgation, issuance, material modification, or change in interpretation,
after the effec~ive date of this Agreement, of any Federal, State, or local law, regulation, rule,
r~quirement, or ordinance. (A law, regulatian, rule, requirement, or ordinance is duly
adopted, promulgated, issued or otherwise officiatly modified or changed in interpretation,
when it is in provisianal, interim, or final form and effective or to become effective without
any further action by any Federai, State or local governmental body, administrative agency,
or governmenta~ off~icial having jurisdiction.)
{d} The failure of the City or public ~atiIities ha~ing operational jurisdiction in the area of the
Landfill to provide, rnaintain, and assure the maintenance of ail utilities, services, sewerage,
and water lines essential ta the aperation of the Landfill, except a faifure caused by the gross
negligence, willful action, or a Iack of reasonable diligence by the City.
(e) A strike, lockaut, or other sirr-ilar labor action.
(~} The failure to obtain or maintain any essential germit or license from any gavernmental
unit.
Garbage means putrescible animal or vegetable matter, s~ch as waste material and refuse usually
associated with the preparation of food from kitchens, residences, grocery stores, butcher shops,
restaurants, cafes, hoteis, rooming houses, and boardinghouses, but does not include sewage, body
waste, or industrial byproducts.
Fliiott 20~7 5kid O Kan Agmt 062&fl7.doc Page 4 of 39
~~ ,~
Hazardous waste means:
{a) Any waste, material, ar substance, which by reason of its composition or characteristic is
regulated as a toxic or hazardous waste or hazardous st~bstance under applicable laws,
including without iimitation:
(i) The Salid Waste Disposal Act, also known as the Resource Conservatior~ and
Recovery Act of i97b, as amended, 42 U.S.C. 6901, et seq., as replaced or amenc~ed
from time to time, and the rules, regulations, written policies, or written guidelines
promulgated the Act (incl~ding without limitation, 44 C.F,R. Section 261.4, which
generally excepts hausehald waste from the definitian of Hazardous Waste).
(ii) The Toxic Substances Control Act, 15 U.S.C. 250, et seq., as replaced or amended
fram time ta time, and the rules, regulations and written policies and written
guidelines prornulgated tt~e Ac#.
{iii) Any State law or regu~ation of governing the storage, transportation, and disposal
of solid waste, hazardous waste, toxic materials, or hazardous substances, including
but not limited to the Texas Solid Waste Dispasal Act, Texas Health and Safety Code,
Chapter 361, and 30 Texas Administrative Code Chapter 330.
(b) Radioactive rnaterial, which is source, special, nuclear, or by-products material within the
meaning af the Atomic Energy Act of 1954, as replaced or amended from time to time, and
the rules, regulations, and written policies ar written guidelines promulgated under the Act.
(c) Any other waste, mat~ria~, or substance, which is characterized or def ned to be taxic or
hazardaus by the State af T.exas, TCEQ, or USEPA with respect to the Landfill or by any
other Federal or State regulatory agency having jurisdiction over the Landfill un.der any
written regulation, policy, guideline, or order having th~ force of law.
(d) Notwithstanding the above, if the TCEQ or USEPA determine by written regulation,
policy, guideline, or having the force of law in relation to:
(i) A waste, material, or substance, which is not considered toxic or hazardous as of
the effective date of this Agreement, is toxic or hazardous, then the waste, material, or
substance shall, from the effective date of the deteranination by TCEQ or USEPA,
constitutes a hazardaus waste for purpases af this Agreerrtent.
(ii) A waste, material, or substance, which is considered toxic ar hazardous as of the
effective date of this Agreement, is not taxic or hazardous, then such waste, material,
or substance shall, from the effective date of the determination by TCEQ or
USEPA, no longer constitutes a hazardous waste for the purposes of this Agreement.
Hem~y brtcsh means tree and shuub limbs and trimmings, which are greater than three (3) inches in
diamet~r, tree trunks, root balls, and other large plant rnatter.
Elliott 2007 Skid O Kan Agmt 062$07.doc Page 5 of 39
i ~
Houselzolc~ appliance means gen~ral household appl~ance that wili not fit into a refuse receptacle
including: .
Non-me~al appliance, such as a television set, stereo system, video cassette recorder (VCR),
microwave oven, and other similar item constructed primarily of plastic or other non-metallic parts
Metal appliance, such as a stove, cooking range, oven, dishwasher, washing machine, clot~es dryer,
refrigerator, window air conditioning unit, water heater, lawn mower or edger, and other similar
items constructed primarily of inetal parts.
Hoarsehold waste means garbage, n.~bbish, litter, refuse, yard waste, debris, and limited
construction/demolition materials commonly generated by a residential household.
Jicrisdictianal waste means waste collected within the City or its industrial districts.
Landfill means the J. C. Elliott Municipal Landfill located at 7001 Ayers, Catpus Christi, Texas.
Litter means any rubbish, paper, napkins, straws, cups or containers made of paper, plastic,
Styrofoam (or other similar material), bottles, glass, candy or gum wrappers, remnants of food, cans,
or re~nnants or parts thereof, or any material of an unsanitary nature.
Medical waste means waste generated by health-care related facilities and assaciated health-care
activities, including veterinary services, but not including garbage or rubbish generated from offices,
kitchens, or other non-health-care activities.
Recyclable means a waste material that has been designated by the Director for inclusion in the
City's recycling program, that has a usefu~ physical or chemical property after serving its original
purpase, or that may be reused, sold as a commodity, or converted into another product.
Refuse means a mixture of gar~age, rubbish, and other waste that are normally placed in a receptacle
for collection and disposal, but does not include yard waste, heavy brush, debris, or
construction/demolition materials.
Rubhish means non-decayable solid waste, excluding ashes, that consist of combustible materials,
such as paper, rags, cartons, waod, rubber, plastics, and similar materials, and nancombustible
matter, such as giass, crockery, metal cans, and similar materials that do not bum at ordinary
incinerator temperatures.
Site Operating Plan means the Site 4perating Plan for the City af Corpus Christi J. C. Elliott
Landfill generally applicable to customers utilizing t~e Landfill, as determined by the City.
Solid waste means garbage, rubhish, litter, refuse, yard waste, heavy brush, debris, and
constructian/demalition materials.
Tipping fee rate means the rate charged to a commercial vehicle disposing of solid waste at a the
City disposai site.
E!]ioEt 20D7 Skid O Kan Agmt 062807.doc Page 6 of 39
i !i ~~
f
TCEQ means Texas Commission on Environmental Quality.
Ta,r means 2,000 pounds.
Traslt means a single item of rubbish, not otherwise defined as debris or construction/demolition
material, but including a small household appliance that will nat fit into a conventional refuse
receptac~e.
Unacceptable waste means waste that the City is not allowed ta accept under the rules issuec3 by the
TCEQ ar the Site Operattng Plan.
USEPA means the United States Environmental Protection Agency.
Yard waste means grass clippings, weeds, leaves, mulch, small trees and shrub limbs, which are less
than three (3) inches in diameter and less than five (5) feet in length, and other similar plant matter.
1.2. I~terpretation. In this Agreement, unless the context otherwise requires, words of masculine
gender means and include correlative words of feminine and neuter genders and words importing the
similar number means and include the plural number and vice versa.
1.3. Term.
1.3.1. Unless soaner terminated under the terms of this Agreement, this Agreement is in
effect and remains in full force and effect the during period fram the effective date through
the date the City stops accepting all forms of acceptable waste at the Landfill fro~n permitted
haulers.
1.3.2. Upon expiration af the term, the Hauler's obligations to deliv~r acceptable waste and
the City's obligations to accept, process, and dispose of acceptable waste shall terminate.
1.3.3. However, the provisions of Article 8 and Sections 12.3, 14.18, and I4.19 shall survive
the termination of this Agreement.
1.3.4 Hauler acknowledges that the anticipated life span of the Landfill is less than twelve
(12} months.
1.3.5. The City will provide at least thirry (30) days natice of the date the City wi11 no longer
accept all forms of acceptable waste fram permitted haulers at the Landfill.
1.4. Hauler Required to Obtain City Permits. The Hauler must obtain a solid waste hauler's
permit as required by applicable City ardinances.
ARTICLE 2. ACCEPTABLE WASTE
2.1. Acceptable Waste.
Elliott 2007 Skid O Kan Agmt 062807.doc Page 7 of 39
2.1.1. The Hauler shall deliver only acceptable waste.
2.1.2. Any acceptable waste co-mingled with hazardous, medical, or
unacc~ptable waste will be considered unacceptable waste.
2.1.3. At any time, t~e City and Hauler mutually may agree in writing that any materials,
w~ich are defined as unacceptable waste in Sectian ~.1. of this agreement, should in the
future be reciassified as acceptable waste.
2.2. Guaranteed Tonnage.
2.2.1. Cammencing on the effective date, the Hauler guarantees to deliver not less than b,400
tons per year ("guaranteed annual tonnage") of jurisdictional waste and acceptable waste
collected outside the City's limits to the Landfil~, and the City guarantees that it will accept
the waste.
2.2.2. The Hauler shall deliver the guaranteed annual tonnage. The Hauler's targeted monthly
tonnage delivery schedule is defined as one-~welfth (1112) of the guaranteed annual tonnage.
2.3. Ad,~ustments to Guaranteed Tonnage.
2.3.1. If notwithstanding the Hauler's best efforts and implementation of best business
practices, the Hauler documents to the reasonable satisfaction of the Ciry a loss of customers
in the Coastal Bend R~gion, which has resulted in a net decline of rnare than 10% of the
deliveries to the Landf 11 by the Hauler, and as a result the Hauler is unabie fo deliver the
guaranteed tonnage for a period in excess of a year, the parties will act in good faith to
renegotiate the guaranteed tannage.
2.3.2. The Hauler may request a change in its g~aranteed tonnage sixty days before the
anriual anniversary date of this Agreement.
2.4. Hauler Agrees Not to Deliver Unacceptable Waste. The Hauler agrees that the Hau~er will not
detiver ~azardous, medica~, or unacceptable waste to the City.
2.5. Ownership af Solid Waste. Any saiid waste delivered to the landfill remains the property of
the generator. Legal title to tt~e so~id waste shall never pass to the City. Upon request, the Hauler will
make records available to the City to determine the generators of any hazardous, medical, or
unacceptable waste delivered to the landfill.
ARTICLE 3. FEES
3.1. Acceptance Fee for Guaranteed Monthly tonnage. The discounted acceptance fee for
acceptable waste deli~ered by the Hauler to the fand~Il is $i9.50 per ton, plus any mandated Federal
or State fees. This rate shall apply to acceptable waste delivered by the Hauler ta the landfill
beginning June 1, 2407.
Elliott 2007 Skid O Kan Agrnt Ub2807.doc Page 8 of 39
~ i, ,
i +
3.2. Payment of Permitting Fees. The Hauler agrees to pay all solid waste pern~itting fees imposed
by City ordinances.
3.3 M~nicipal Solid Waste System Service Charge ("MSWSSC"}. Hauler shall pay the
MSWSSC fee, as is established by the City annuaIly, each time Hauler makes a d~livery to the
Landfill, as is presently remitted at the Landfill gate by alI cash, credit card and debit card
customers.
ARTICLE 4. BILLING AND PAYMENTS.
4.1. Billing. After the end of each montl~, the City will bi11 the Hauler for the total fees due for the
bil2ing periac~.
4.2. Payments. The Hauler shall make payment to the City of the amount of each bill within 30 days
of the billing date ("due date") shawn on the bill.
4.3. Overdue Charges. If payment in full is nat made on or before the due ~ate, the Hauler shail pay
an administrative late fee of $100 and any amount remaining unpaid shall bear interest at the rate of
ane and one half percent { 1-1/2%) per month or the highest rate that may then be lawfully charged
and paid, whichever is less, from the due date to the actual date of payrrient.
4.4. Disputes.
4.4.1. In the event of a dispute as to any monthly payment the Hauler shall pay when
due the amount of the bill, less the amount in dispute.
4.4.2. The Hauler shall give the City, at the time payment is made on the bill, written
notice of ~he dispute.
4.4.3. The notice of dispute shall state the amount in dispute and a full statement of
the graunds that form the basis of the dispute.
4.4.4. Upon sett~ement by the parties of the dispute, if t~e City prevails, the Hauler
sha11 pay interest on any amaunt nat paid by the due date at the interest rate specified
in Section 4. ~ .3.
4.5. Fees Not Subject to Set-Off. The ohiigations of the Hauler to pay fees under the terms under
this Agreement are not subject to any set-off, abatement, counterclaim, existen:ce of a dispute or any
reason, known ar unknown, foreseeable or unforeseeable, which might otherwise canstitute a legal
or equitable defense or disc~arge of the liabilities of the Hauler under this Agreement or limit
recourse to the Hauler.
4.6. Payment of Fees No Bar ta Claims for Abatements, Refunds, or Adjustments. Payments
made unaer this Article do not prejudice the rigl~ts of the Hauler to c~aim abatements, ref~nds or
adjustments to which it is entitled under this Agreezrient.
E!]iott 2007 Skid O Kan Agmt 062807.doc Page 4 ot'34
ARTICLE 5. LANDFILL PROCEDURES.
5.1. Acceptance of Solid Waste. The City will accept at the Landfill all acceptable waste delivered
by the Hauler under the terms of this Agreement unless the City has rejected the solid waste under
Section 5.2. of this Agreement.
5.2. Rejection of Sokid Waste.
5.2.L The City is not ob~igated to accept waste if the Landfill is closed due to a Force
Maj eure.
5.2.2. The City is not obligated to accept waste iF the Hauler's credit card or dehit card is
declined. But the City wiIl accept any acceptable waste if the Hauler makes a cash payment
at the time of delivery.
5.2.3. The Hauler fails to comply with any published delivery procedures.
5.2.4. If a delivery of solid waste contains both acce~table waste and any hazardous, medical,
or unacceptable waste.
5.3. Improper Delivery of Hazardous, Medical, or Unacceptable Waste to Landfill. The Hauier
agrees to comply with the provisions in the Site ~perating Plan relating to the improper delivery of
hazardous, medical, or unacceptable waste and the procedures for remaving any hazardous, medical,
ar unacceptable waste from the Landfill. The Hauler agrees to pay any charges relating to the
removal and disposal of hazardaus, medical, or unacceptable waste that would be charged to any
other permitted hauler that improperly delivered hazardaus, rnedical, or unacceptable waste to the
Landfill.
5.4. City Not Required to Screen Waste. Nathing in this Agreement obligates the City to screen
waste or to detect hazardous, medical, or unacceptable waste delivered by the Hauler.
5.5. Delivery Schedule.
5.5.1. During the term, the Hauler may deliver acceptable waste to the Landfill
during its narmal pasted hours of operations.
5.5.2. The City will open the landfitl for at l~ast 58 hours, during weelcs withaut City
ho~idays.
5.5.3. The City will consider requests for additional hours based on special needs of the
Hat~ler and the availability of Landfill personnel.
5.5.4. Except in a Force Majeure, the City will provide the Hauier with at least 48 hours
advance notice of any changes in the hours or days of operation.
S.b. Delivety Pracedures.
5.61. The delivery of so~id waste to the Landfill shall be regulated by the provisions of the
E]]iott 2067 Skid O Kan Agmt 0628Q7.dac Page 10 of 39
Site Operating Plan. Copies of the relevant provisions will be provided by the City to the
Hauler from time to time. The terms and conditions in the Site Operating Plan are intended to
reflect the actual procedures and operations at the Landfilt. An extract of the relevant
provisions of the current Site Operating Plan is attached as Exhibit A.
5.6.2. The City reserves the right to redirect tne Hauler's trucks from the working face to an
on-site transfer station.
5.7. Delivery Vehicles.
5.7.1. Acceptable waste must be delivered by the Hauter, at its expense, ~o the Landfil~ in
enclosed container vehicles or enclosed compactor vehicles complying wiih any applicable
State laws and regulations and City ordinances regulating the permitting of haulers, vehicles,
and contai:ners, regulating the marking of solid waste vehicles and containers, setting
insurance requirements for haulers and vehicles, and identifying the generators of solid waste
being delivered ta the Landf il.
5.7.2. The City may provide for a system far the identification of delivery vehicZes,
inciuding, without limitation, identification of the Hauier, identification of the specific
vehicle, and tare weight of the vehicle or containers used ta haul solid waste to the Landfill.
5.7.3. The City is under no obligation to accept acceptable waste from persans ar vehicles not
complying with the permitting and marking systems, the insurance requirements, or the
delivery procedures established by the Ciry.
5.7.4. T~ie City may enforce campliance with permitting and marking systems and delivery
procedures by denial of disposal privileges and such other means as it may reasonably
determine to be necessary and appropriate.
5.$. Fron~ af Line Privileges.
5.8.1. The City will provide front of line privileges to the Hauler and other haulers
with put or pay contracts with the City.
5.S.Z. The City may at its discretion suspend front af line privileges under this agreement
when waiting tirnes to tip far other permitted haulers at the Landfill approach thirty {30)
minutes.
ARTICLE 6. ASSIGNMENTS.
6.1. Assignment By Hauler. The Hauler may not assign or transfer, directly or indirectly, its interest
in and to this Agreement, without the consent of the City Manager, which consent will not be
unreasonably withheld, delayed, or subject to unreasonable condittons.
6.2. Assignmen~ By City. Th~ City may, with prior written notice to the Hauler, assign a(1 ar any
portion. of this Agreement for any lawful purpose. The assignment of ali or any portion of this
Elliott 2007 Skid O Kan Agmt 062807.doc Page l 1 of 39
, ,, ,
Agr~ement does not relieve the City of any obligation under this Agreement without the consent of
Hauler.
ARTICLE 7. INSURANCE.
7.1. I~surance Requirements. Insurance requirements are attached to and incorporated into th~s
Contract as Exhibit B attached to and made a part of this Agreement, and may be revised annually
by che City's Contract Administrator upon thirty {30} days written notice to Hauler.
7.2. Insurance Required by Subcontractors. Any subcontractor, which is hired by Hauler to
deliver solid waste to the Lar~dfill, must maintain the same insurance as specified in Exhibit prior to
delivering any solid waste to the Landfill.
7.3. Certificates of Insurance. Befare activities can begin under this Contract, Hauler's and any
subcontractor's insurance company{ies) must deliver Certificate{s} af Insurance, as proof of the
required insurance coverages to the City's Contract Administrator.
7.4. Notice af Cancellatian, Material Change, or Intent Not to Renew. Additionally, the
Certificate(s) must state that the City will be given at least thirty {3~) days notice by certified mail of
cance~lation, material change in the coverages, or intent not to renew any of the policies.
7.5. City Named As Additional Insured. The City must be named as an Additional Insured in ~ach
policy. The City Attorney must be given copies of ail insurance policies within 15 days of the City's
Contract Administrator's written request.
7.6. Waiver of Cl~im of Recavery. The Hauler vvaives any claim for recovery from the City for any
injury, loss, or damage to Hauler resulting from the performance of this Agreement, to the extent
compensation for the injury, loss, ar damage shall have been recovered under any insurance policy.
7.7. Wrikten Notice of Injury, Loss, or Damage Required. Tmmediately upon the occurrence of
any injury, loss ar damage resulting from the perfarmance of this Agreement, written notice shall be
given to the City's authorizec3 representative.
ARTICLE S. INDEMNIFICATION
8.1 Indemnificatian for Death, Personal In,~ury, or Property Damage.
8.1.1. To the extent allowed by Texas law, Hauler, its afficers, members, par~ners,
emplayees, agents, subcontractors, and licensees shall fully indemnify, save, and hold
harmless the City, its officers, employees, agents, licensees, and invitees ("City
indemnities"' agai~st any anc~ all ~iability, damage, loss, claims, demands, judgments,
actions, cos~s, and expenses (including reasonable attorney's fees and expenses) of any
nature whatsoever on account of pe~sonal injUries {inciuding, without limitatian on the
foregai~g, workers' compensation and death claims), or property loss or damage of any
kind whatsoever, which arise out of or are in any manner cannected with, or are
Elliott 2007 Skid O Kan Agrrtt 062807.doc Page i2 oF39
claimed to arise out of or be in any manner tonnected with the Hanler's delivery of
solid waste to the Landfill under this agreement. ~
$.1.2. To the extent allowed by Texas law, the City shall fully indemnify, save, and hold
harmless the Hauler, its offcers, employees, agents, licensees, and invitees ("Hauler
indemnitees" against any and all liability, damage, loss, claims, demands, judgments,
actions, costs, and expenses {inciuding reasonable attorney's fees and expenses) of any
nature whatsaever on account of personal injuries (including, w~thout limitation on the
foregoing, workers' eompensation and death claims), or property loss or damage of any
k~nd whatsaever, which arise out of or are in any manner connected with, or are
claimed ta arise out of or be in any manner connected with the City's delivery of solid
waste to the Landfill under this agreement.
8.2. Indemnificatio~n for improper Disposal of Hazardous, Medical, or i7nacceptable Waste. If
the City elects to dispose of any hazardous, medical, or unac~eptable waste, the Hauler shall
indemnify and hold the City i~demnitees harmless fram and against all liabili~ies, losses,
damages, casts, expenses, and aisbursements, including reasonabie legal fees and expenses
arising out of the processing or disposal by the person of unacceptable waste or waste nat
constituting acceptable waste delivered by the Hauler and incidental and cansequential
damages incurred by the City indemnitees.
8.3. Indemnification for Violations of Any Federal or State Laws and Regulations. The Hauler
shall hold harmless ant! indemnify the City indemnitees from and against any expense, fine, or
penalty, including attorneys fees, and shall defend the indemnitees in any proceeding,
includin.g appeals, for violation of any Fecleral or State law, rule, or reg~lation relating to the
collection, transportation, and disposal of salid waste arisi~g out of the any af the foUawing:
8.3.1. The neg~igence or wrongfe~l misconduct of the Hauler, its directors, officers or
partners, employees, cantractors, or agents.
8.3.2. The failure by the Hauler, its directors, officers or partners, employees,
contractors, or agents to comply with applicabte law, rule, or regutation.
8.3.3. The delivery by the Hauler of any Hazardous Waste or hazardo~s, medical, or
unacceptable waste to the Landf 1~.
$.4. Duty ta Investigate, Defend, Settle, and Pay Any Ctaims and Demands.
8.4.1. Hauler must, at its own expense, investigate all those claims and dernands, attend
to their settlement or other disposi#ian, defend all actions with counsel satisfactory ta
City indemnitees, and pay all charges of attorneys and all other eost and expenses of
any kind arisin~g from any of said liability, damage, loss, claims, demands, or actions.
Elliott 2007 Skid O Kan Agmt 062807.doc Page ]3 of 39
8.4.2. To extent au#horized by Iaw, the City jnust, at its own expense, investigate alt
those claims and demands, attend to their settlement or ather dispasition, defend all
actions with counsel satisfaetory to Hauler indemnitees, and pay all charges of
attorneys and all other cost and expenses of any kind arising from any of said liability,
damage, ~oss, ctaiins, demands, or actions.
ARTICLE 9. GOVERNMENTAL REGULATION.
9.1. Jurisdietion. The City and the Hauier acknowledge that the collection, transportation, and
dispasal of solid waste is subject to regulation under both Federal and State laws and reguIations and
the jurisdiction of various governmental agencies, incl~xding, without limitation, USEPA, TCEQ, and
the Texas Department of PubIic Safety.
9.2. Compliance with Laws, Regulations, and Ordinances Relating tn the Collection,
Tra~sportatian, and Disposal of So~id Waste. The City and the Hauler agree, at their awn
expense, {subj~ct to the provisions in this Agreement r~lating to Change in Law and Force Majeure),
to materially comply with all applicable law, statutes, rules, regulations, ordinances, and Site
Operating Procedures applicable to them in connection with this Agreement and the transactions
contemplated by this Agreement. The Iaw, statutes, rules, regulations, and ordinances may include,
without limitation, actions taken by the Texas Department of Transportation and City of Corpus
Christi to regulate vel~icle traffic associated with the Landfili.
9.3. Compliance with Other Laws and Regulations and Industry Standards by Hauler. Hauler
shall comply with all other applicabie laws, rules, regulations, ordinances, permits, and requirements
af any governmental entity having jurisdiction, including all applicable health and safety, anti-
discrimination, affirn~ative action, and minority business opportunity laws; and all applicable
industry codes, specificatians, and standards respecting Hauler's business and operation.
9.4. Compliance b~ Hauler's Agents and Subcantractors. The Hauler agrees to take all necessary
action to cause persons delivering waste on its behalf to the City to comply with any law, statute,
rule, r~gulation, order, standard, Site Operating Procedures, or ordinance of the City of Corpus
Christi, USEPA, TCEQ, the Texas Department of Public Safety, and any other authorized Federal or
State agency or law enforcement organization.
ARTICLE 10. SUSPENSION DUE TO FORCE MAJEURE.
~0.1. Suspension of Obligations.
10.1.2. A delay or failure of performance under this Agreement by either party shall not
constitute an event of default or cause for any liabiIity under this Agreement to the extent
caused by Force Majeure.
10.1.2, Any delay or failure caused by a Force Majeure shall be excused at any time
perfarrnance is affected by a Force Majeure and during ~he period as may be reasonabIy
Elliott 2007 5kid O Kan Agmt 062807.doc Page f 4 of 39
necessary far the affect party, using its reasonable efforts to correct the ad~erse effeets of the
Force Majeure.
I0.1.3. If the Force Majeure causes a reduction, but not a complete suspension in the ability
of the City in connection with the operation of t~e Landfill tc~ accept, process, or dispose of
acceptable waste, then subject to then existing cammitmenEs of the City with respect to the
Landfill, and the requirements of all applicable permits, consents, and approvals of the
USEPA, TCEQ, and oth~r governmental entities, the City shall use its reasonable efforts to
allocate a port~on af the reduced capacity of the Landfiil to the Hauler. The allocation af
landfill capacity shall be determined by the City in its sole discretion.
10.1.4. The party relying on a Force Majeure as jnstification for a delay or failure of
performance under this Agreem~nt shall give the other party prompt written notice of the
Force Majeure.
10.2. Efforts to Remove Condition. A party whose performance is adversely affected by a Force
Majeure shall use its reasonable efforts to overcome or remove the Force Majeure.
14.2.1. After th~ campletian of a suspension due to the Force Majeure and to the extent the
City has the capacity to accept and dispose af excess waste, the City shall use its reasonable
efforts to accept acceptable waste callected by the Haul~r, whicf~ the Hauler was unable to
deIiver to the City c~uring the Force Majeure period.
10.2.2. The City is not obligated to accept acceptabie waste to the extent that the acceptance,
processing, or dispasal of the acceptabie waste is contrary to or in vialation af ar would
cause the City to be in violation af any permits and approvals for the Landfi~l. ,
10.2.3. In the event that Hauler is prevented from delivering acceptabie waste to the Landfill
as a result of the Force Majeure, Hauler shall still b~ required to deliver snch tannage as is
reasonably practicable under the circumstances. The parties shall negotiate and agree an the
period during which Hauler is entitled to cure any resulting shortfaIl.
10.3. Change in Taxes, Fees, Assessments, and Charges. The adoption of any law, regalation,
rule, or ordinance that imposes or amends any tax, fee, assessment, or charge does not constit~te a
Force Majeure.
ARTTCLE 11. LYQUIDATED DAMAGES AND DEFAULT.
11.1. Suspension of Service by City. If the City fails to accept acceptable waste at the Landfill as
required by the terms of this Agreement, the Hauler may select an alternate disposal site and be
credited for any acceptable waste delivered to an alternate disposal site for the periad ot~ the failure
by the City. If the conditions continue for more than ~hirty (30) days, this Agreement automatically
terminates.
11.2. Events of Defau~t of the City. The City is in defauIt if it makes a generaI assignment for the
benefit of creditors, files a petitiori in bankruptcy, is adjudicated insolvent or bankrupt, petitions or
EEiiott 2007 Skid O Kan Agmt 062867.dac Fage 15 of 39
applies to any tribunal for any custodian, receiver, ar trustee for it or any substantial part of its
praperty, commences any proceeding relating to it under any bankruptcy, reorganization,
arrangement, readjustment of debt, dissotutiort, or liquidation law or statute of any jurisdiction,
whether now or after the effective date af this Agreement is in effect, or if there shall have been filed
any such proce~ding, in which an order for relief is entered ar which is not dismissed for a period of
sixty (60) days or more, or if by any act indicates the City's consent to, approval of, or acquiescence
in any petition, application, or proceeding or ord~r for relief or the appointment af any custodian,
receiver of, or any ~rustee for the City or any suhstantial part of the City's property, or suffers any
custodianship, receivership, or trusteeship to continue undischarged for a period af sixty (60) days or
more.
11.3. Events af Default af Hauler. Each of the following shall be an event of default by the Hauler
under this Agreement and are grounds for termination of the Agreement:
11.3.1. The Hauler fails to pay any amounts, including without Iimitation, the acceptance fee,
and any amounts payable under Sections 3.2 or 3.6, which become due under this
Agreement, within thirty {30) days of notice of delinquency from the City.
11.3.2. The Hauler fails to observe and perform any other material term, covenant, or
agreement cantained in this Agreement, the Site Operating Plan, or other agreements or
policies to which either t~ie Hauler is subject and the failure continues for a period of thirty
{30) days after written notice to the Hauler specifying the nature of the failure and requesting
that it be remedied.
~ 1.3.3. The Hauler fails to keep all inswance policies in force for the entire term of this
Agreement is grounds for termination.
11.3.4. The Hauler makes a general assignment for the benefit of creditors, files a petttion in
bankruptcy, is adjudicatec~ insolvent or bankz-upt, pe~itions or appIies ta any tribunal for any
custodian, receiver, ar krustee for it or any substantial part o£ its property, commences any
proceeding relating to the Hauier under any bankruptcy, reorganization, arrangement,
readjustment of debt, dissoIution, or liquidation law ar statute of any jurisdictian, whether
now or after this Agreement is in effect, ar if there is ar has been ~led any proceeding, in
which an orc~er for relief is entered or which is not dismissed for a period af sixty {60) days
or more, or if by any act indicates the Hauler's consent to, approval of, or acquiescence in any
petition, application, or proceeding ar order for relief or the appaintment of any custodian,
receiver of, or any trustee for the Hauler or any substantial part of the Hauler's property, or
suffers any custodianship, receivership, or trusteeship to continue undischarged for a period
of sixty (60) days or more.
11.4. Remedies on Default. Whenever any event of c~efault occurs and 1S COri~lIilllllg, the nor~-
defaulting party has the following rights and remedies:
11.4.1. Upon ten (10) days written notice to the City, if the City is then in default, the Hauler
has the aption to terminate this Agreement, unless the event of default is fully cured prior to
the expiration of ten (i0} day period or unless during the period the City has taken remedial
steps the effect of whic~ would be to enable the City to cure the event of default within a
Ellio~t 2007 SEcid O Kan A$mt 0628~?.doc Page 15 of 39
reasonable period of tirr~e (which, if the event of default is a default in the payment of monies
and results from restraint by a court or regulatory agency, means the undertaking and
prasecutian of prompt, diiigent, good faith efforts to remove the restraint);
11.4.2. Upon ten (10} days written natice to the Hauler, if the Hauler ts then in defa~lt, the
City shall have the option to terminate this Agreement, unless the event of default is fially
cured prior ta the expiration often (10} day period or unless during the period the Hauler has
taken remedial steps the effect of which would be to enable the Hauler to cure the event of
default withtn a reasonable period a~ time {which, if the event of default is a default in the
paymer~t of monies and results from restraint by a court or regulatory agency, means the
undertaking and prosecution of prompt, diligent, good faith efforts to remove the restraint);
11.4.3. Upon written notice to the Hauler, if the Hauler has defaulted, the City shali have the
option, without terminating this Agreement, to stop accepting acceptable waste delivered or
tendered for delivery by the Hauler, ~tntil the default is cured or this Agreement is terminated.
The City may concurrently pursue any other remedies to which it is entitled at law or in
equity for the default.
ARTICLE 12. REPRESENTATION AND WARRANTIES.
12.1. Representations and Warranties of the Hauler.
1~1.1. The Hauler by this Agreement represents and warrants to the City that this Agreement
has been executed by authorized officers of the Hauler, and has before entering this
Agreement delivered to the City evidence of the authority.
12.1.2. The Hauler has the full power and autho~tity to execute and deliver this Agreement to
the City and to carry out the abligations and transactions contemp~ated by this Agreement
throughaut its term.
12.1.3. There is no claim or litigation pending or ~o ~he knowledge of the Hauler, threatened
that questions this Agreement or that affects or may affect the obligations and transactions
contemplated by this Agreement.
12.2. Representations and Warranties of the City.
12.2.1. The City by this Agreement represents and warrants to the Hauler that the City has
the fiill power and authority ta execute and deliver this Agreement to the Hauler and to carry
out the obligations and transactians cantemplated by this Agreement.
1Z.2.2. There is no claim or iitigation pending or to the knowledge of the City, threatened
that questions this Agreement or that affects or may affect ti~e abIigations and transactions
contemplated by this Agreement.
12.3. Liability for Breach. It is ~nderstood and agreed that the signatories to this Agreement are
liable to each other in the manner and to t~e extent provided by law for any loss or harm occas~oned
E~liott 2007 Skid O Kan Agmt 062307.dac Page 17 of 39
by the breach of any term, covenant, agreement, undertaking, or obligation of this Agreement. This
section shall survive the term af this Agreernent.
ARTICLE 13. GQVERNING LAW AND VENUE.
13.1. Laws of Texas Applicable. The interpretation and performance of this Agreement shall be
under and controlled by the laws of the State of Texas.
13.2. Venue. The sale and exclusive forum for the initial determinatian of ar~y yuestion of taw or
fact to be determined in any judicial proceeding relating to this Agreement shall be any court of
campetent jurisdictian in Nueces County, State of Texas, including the United States District Court
for the Southern District of Texas, Corpus Christi Division.
13.3. Agreement Nat Affected by Pending LitigaNon. Except as otherwise specifically provided in
this Agreernent, the pendency of any claim or litigatian does not affect the obligations of the parties
to make any payment or render any service required by this Agreement or the rights of the parties
unc~er this Agreement.
ARTICLE 14. M~SCELLANEOUS PROVTSI4NS.
14.1. Entire Agreement. This Ag:reement merges and supersedes all prior negotiations,
representations, and agreements between th~ parties. This Agreement constitutes the en~ire
agreement between the parties ta this Agreerrient in respect of the subject matt~r of thrs Agreement.
14.2. Waiver. No delay in exercising or the failure to ~xercise of any right or remedy accruing to or
in favor of any party under this Agreemen~ impairs any right or remedy or constiti,~tes a waiver of the
right or remedy. Every right and remedy gi~en under this Agreement or by law may be exercised
from time to time and as often as may be deemed expedient by the parties to t1~is Agreement.
14.3. Amendments and Modifications. This Agreement may not be amended or modified except in
writing. The amendmertt or modification must be signed on behalf of both parties by their duly
authorized of~cers.
14.4. Independent Contractor. Hau~er will perform ~he services hereunder as an independent
contractor and will furnish such services in its own manner and method, and under no circumstances
or conditions may any agent, servant, or employee of Hauler be considered as an employee of the
City.
14.5. Subcontractars.
14.5.1. Hauler may use subcontractors in connection with t~e work performed under this
Agreement. When using subcontractors, however, Hauler must abtain prior written approval
from the Contract Administrator.
14.5.2. In using subcontractors, Hauler is responsible for all their acts and omissians to ~he
EEliott 2007 Skid O Kan Agmt 062807.doc Page 1 S of 39
same extent as if the subcontractor and its emplayees were employees of Hauler.
14.5.3. All requirements of this Agreement imposed on the Hauler are applicable to all
subcontractors and their employees to the same extent as if the Hauler and its employees had
perforrned the services.
14.b. Successars and Assigns. This Agreement inures to the benefit af and binds the respective
successors and permitted assigns of the parties to this Agreement.
14.7. Contract Administrator. The Contract Administrator designated by the City is responsible for
approval of all phases of performance and operations under this Agreement including deductions for
non-perfarmance and autharizations for payment. All of Hauler's notices or communications
regarding this Agreement must be directed to the Contract Administrator, who is the City's Director
af Solid Waste Services.
14.8. Notices. All written notices, reports, and other documents re4uired ar permitted under this
Agreement must be in writing and are deemed to have been given when delivered personally or
deposited in the mails, postage prepaid, registered ar certified mail, return r~ceipt requested, or by
commercial overnight courier addressed to the party to whom natice is being given at the party's
address set forth below. Either party may change its address by sending written notice that complies
with this Section.
Hauler: Skid-O-Kan/Haui Away
Attn: Thomas Davis
5025 Up River Raad
Corpus Christi, Texas 78407
And
P. O. Box 1126
Corpus Christi, Texas 78403'
{361) 883-6642 Phone
{361) 882-5351 Fax
City: Director of Solid Waste Services
Ciry of Corpus Christi
2525 Hygeia Street
P.O. Box 9277
Corpus Christi, Texas 78469-9277
14.9. Representatives. For billing purpases, the parties designate ~he following representatives and
addresses:
Hauler: Skid-O-Kan/Haul Away
Attn: Thomas Davis
5025 Up River Road
Corpus Christi, Texas 78407
And
E~liott 2007 5kid O Kan Agmt 062807.doc Page 19 of 39
P. O. Box i 12b
Corpus Christi, Texas 784~3
(361) 883-b642 Phone
(361 } 882-5351 Fax
City: City of Carpus Christi - Financia~ Services
Accourtts Receivables
1201 L~opard Street
P.O. Box 9257
Corpus Christi, Texas 78469-9257
14.i0. Fiscal Year. All parties recognize that the continuation of any contract after t~e close of any
~scal year of the Ciry, which fiscal year ends on July 31 annually, is subject to appropriations and
budget approval providing for such cantract item as an expenditure in tha# budget. The City does not
represenk that the budget item wil~ be actually adopted, that determination is within the sol~
discretion of the City Cauncil at the time of adoption af each budget.
14.11. Right to Mast Favorable Acceptance or Tipping Fees.
14.11.L If the City enters into an agr~;ement with any other company, ~erson, or legal entity
that provides solid waste hauling services or generates, dispases, ar transports solid waste to
the City's landfill (ar enters into a renewal, modif cation, extension of any existing agr~ement
with such a party), and the document contains provisions far acceptance or tipping fees more
favorable to the other party t~an those in this Agreement, the Hauler shall have the right
either to terminate this Agreement or to amend this Agreement to contain such more
favorable terms and provisions.
14.11.2. An agreement that offers an equivalent discounted acceptance fee for a commitment
to deliver all tonnage callected within the boundaries of the Coastal Bend Council of
Governments ("CBCOG") instead of a guaranteed annual tonnage is considered compara~le
to this Agreem~nt if the other terms and conditions are similar to this agreement. An
agreement based on deiivery of all tonnage coliected within the CBCOG baundaries will
include the right of the City to audit far compliance and penalties for failure to deliver all
tonnage from the area.
14.11.3, The City will not offer similar agreements to a hauler that has not had a solid waste
hauler permit for at least 12 months.
14.12. Ci~y Reserves Legislative Authority. Nothing in this contract restricts the right of the City
Council to amend the City's Code of Ordinances, including its authority to regulate, permit, and
franchise solid waste haulers aperating within the City or using the City's solic~ waste disposal
facilities; regulate the storage, transportation, and disposal of any solid waste generated within the
City or its industrial districts; or impose taxes, surcharges, utili#y fees, or otl~er fees, including
generator fees, on residents, commercial and industrial facilities located within the City and
industrial districts and customers from outside the City who use any of the City's solid waste
disposal faciiities or services; and including tl~e setting of disposal or tipping fees at City disposal
facilities within and outside the City limits.
Elliou 2007 Skid O Kan Agmt 06?807.doc Page 20 of 39
14.13. Further Actians. Each party agrees that it will, at its own expense, execute any and all
certif cates, c~ocuments, and other instruments, and ~ake other actions as may be reasonably
necessary to give effect to the terms of this Agreement.
14.Z4. Triplicate 4riginals. This Agreement may be executed in triplicate ariginals, anyone af
which is considered to be the original Agreement for all purposes.
14.15. Severability. In the event that any of the provisions, portions, or applications af t~is
Agreement are held to be unenforceable ar invalid by any court of competent jurisdiction, the City
and the Hau~er shall negotiate an equitable adjustment in the provisions of this Agreement with a
view tawarc~ effecting the purpose of this Agreement, and the ~alidity and enforceability of the
remaining pravisions, portions, or applications of this Agreement are not be affected by the defect in
the provision, portion, ar application of the Agreement that was ruled unenforceable or invalid.
14.16. Rights af Third Parties. NoEhing in this Agreeme~t is intended to confer any right on any
person other than the parties to this Agreement and their respective successars and assigns; nor is
anything in this Agreement intended to modify or discharge the obligation or liability af any third
person to any party to this Agreement or give any third persan any right of subrogatian or actfon
over ar agair~st any party to this Agreement.
14.17. Headings for Convenience. The headings in this Agreement are for convenience and
reference only and in no way define or limit the scope or content of this Agreement or in any way
affect its pravisions.
14.18. Publicity and Property R~ights. -
14.18.1. The Hauler may r~ot advertise or otherwise use its relationship with ~he City under
this Agreement in any pub~ic disclosure without the priar written consent of the City. The
prohibition includes, withaut Iimitation, brochures, listings, references, advertisemer~ts,
announcements, or other reiease of informatian concerning the existence, content or
performance ~xnder this Agreement to any third party.
14.18.2. The Hauter zs not permitted ta photograph, film, tape ar other make audio or visua~
recording at, or allow any unauthorized person ta enter the Landfill without the express prior
written consent of the City's Director of Solid Waste Services.
14.1$.3. The Hauler may nat use or permit the use of the trade or service names, marks, or
logos of the City or any of its affiliates in any manner.
14.18.4. The Hau~er's obligatians under this Sec~ion 14.18 shall survive the expiration or
termination of this Agreement.
14.19. Survival of Obligations. Notv~ritY~standing the expiratio~ or the termination of this Agreement
under its terms, any duty or obligation of Hauler, which has not been fu~ly ohserved, perfor~ned, or
discharged, and any right, unconditianal or conditional, which has been created for the benefit of the
City, and which has not been fully en}oyed, enfarced, or satisfied {including but nat limited to the
ElEiott 2067 Skid O Kan Agmt 062807.dac Page 21 of 39
duties, obligatians, and rights, if any, with respect ta secrecy, indemnity, warranty, guaranty) shall
sui-vive the expiration or termination of this Agreement until the duty or obligation has been fuIly
obs~rved, perfocmed, or discharged a~d the right has been fu11y enjoyed, enforced, and satisfiea.
14.20. Exclusivity of Remedies. Neither party shall be liable for or obligatcd ta pay punitive,
consec~uential, special, incidental, or indirect damages in connection with the performance of this
Agreerr~ent.
The parties to this Agreement have caused this Agreement to be executed on the date the City's
representative executes this agreement. This Agreement is in#ended to take effect as a sealed
instrument.
AGREED TO BY:
SKID-O-KAN/HAUL AWAY
~ ~
Thomas Davis, President
D~t~: ~F~ ~
THE STATE OF TEXAS §
jJ §
COUNTY OF]Vl.t~~ §
This instrument was acknowledged before me o ~~ , 2007, by, Thomas
Davis, President, on behalf of Skid-O-Kan/Haul A y, a corporation.
, ~
~-c. e ~h,~
Notary Public ~~~~~ !~ f
State of Texas ~
7AM1 Y. $qVl~
tin' cn~ru~ori ~~
F~Rt1qRY ~1~ ZQ09
Elliott 2007 Skid O Kan Agmt 062807.doc Page 22 of 39
CiTY OF CORPUS CHRISTI
George . oe
City Manager
Date: ~~~~~
ATTEST:
Armando Chapa
City Secretary
Approved as to form: This~"~`ay of ,
"`~ f,0`1
• . AiJTFlO~tl~
~~ ~t~PICfL...~ ~~~~
-,-~...r.~, ~.... .. .,~ ...,.. .. ~
-~,.;~;~~--....
THE STATE OF TEXAS §
~
Elizabe Hund~e
Assist City Attorney
for the City Attorney
2007
§
COUNTY OF NUECES §
This instr~ment was acknow~edged before me on ~~ , 2007, b G~or e K.
Y g
Noe, City Manager of the City of Corpus Christi, a Te muni al corporation, on behalf of said
co ration. ~_
~~
Notary Public
State of Texas ~*p`Y P~'e~ Connie Parks
0
x y My Commission Expires .
4jFoF~Fa NOVemper 09, 2607
Elliott 2007 Skid O Kan Agmt 062807,doc Page 23 of 39
EXHYBIT A
EXTRACTS FROM
SITE OPERATING PLAN
CITY OF CORPUS CHRISTI
J. C. ELLIOTT LANDFILL
PERMIT 423A
Elliott 2D07 5kid O Kan Agmt Ob28Q7.doc Page 24 of 39
4. OPERATIONAL PROCEDURES
4.1. Atcess Cantroi
Public access to the landfilI is limited to one existing main entrance from Ayers Street (State
Highway 286}. Gate ho~se personnel contral access and monitor all vehicles entering and exiting tl~e
site. Additionally, two other private entrance/exits gates are lacated at this site; one gate being at the
northwest comer and the other at the southwest carner of the land~ll on Greenwood Drive. These
ga~es are used from time ta time to move ec}uipment to and from maintenance shaps, as consiruction
contractor entrances, and other such activities not directly associated with waste hau~ing.
4.1.1. Access From Pubiic Road
Access to the site will be fram Ayers Street {State Highway 286} at the existing site entrance.
Ayers Street is a two-way, two-lane asphalt-paved road, with an average pavement width of
20 feet. A site sign is prominently displayed adjacent to the gate entrance.
4.1.2. Vehicle Access
AlI waste-hauling vehicles will deposit their loads at the working face or the d~signated
pracessing area. Only landfill construction vehicies, landfill persoru~el vehicies, and the
au#horizec! haul vehicles will have access to the active portion of the landfill.
4.1.3. A~l-Weather Access
The existing site entrance is paved asphait drive that transitions inta a caliche road. The
caliche on-site roads will be maintained far all-weather access by site personnel. The
entrance to the facility from Ayers Street and all interior access roads within the site are all-
weather raads. Priar to inclement weather, an all-weather access area will be constructed.
AlI-weather road and access area are provided to the active disposal area, and consist of a
rninimum of S inches of crushed caliche and/or crushed asphalt. A pad (may vary in size)
may be constructed by the disposal area so that disposal vehicles will have enough room to
maneuver while they are dispasing of the waste. The caliche/asphalt materials usec~ for all-
weather road construction will be salvaged and reused as the access road locations change
across the site. Haulers will dump waste at the edge of this designated area and ailow the
compactor ta push E~e waste into the fill. Therefore, no separat~ wet-weather operations area
will be necessary.
4.1.4. Traf~c Control
The entrance to the landf 11 is located on the southeast comer of the site. The gate attendant
will restrict site access only to authorized vehicles and will direct these vehicles
appropriately.
Elliott 2007 Skid ~ Kan Agmt U62807.doc Page 25 of 39
Solid waste transpartation vehicles will be weighed at the gate scale and then directed to the
active portian of #he landfill. Site personnel, signs, and ~arricades will provide traff c
directions as necessary to expedite safe movement of vehicles.
4.1.5 Site Security
Site security measures are designed to prevent unauthorized persons from entering the site, to
protect the facility and its equipment from possible damage causet~ by trespassers, and to
prevent disruption of facility operatians caused by unauthorized site entry.
Unauthorized entry into the site is minimized by controlling access to the landfill site with
the perimeter fence and lacked gates at all entrances.
The main site entrance {Ayers Street) is secured by a gate which is monitored by the
office/gate attendants during normal site operating hours. Outside normal operating hours,
the gate to tk~e site wili be locked. All ather entrances will remain locked or attended by site
personnel.
Entry ta the active portion of the site will be restricted to designated personnel, approved
waste haulers, a~d properly identifed persons whose entry is autharized by site management.
Visitors may be allawed on the active area oniy when accompani~d by a site representative.
~ ~ :~ ~
4.2. Unloading Wastes
The lanc~fi~~ is authorized to receive municipal solid waste and those special solid wastes allowable
under '330.136 of tl~e Texas Commission on Enviranmental uali ("TCEQ") Municipal So1id
Waste Management Regulatians "MSWMRI, 30 TAC Chapter 330. (Note: Under~ined text has been
added for clarity.} The site is not authorized to receive regulated hazardous wastes or radioactive
wastes. These categonies af wastes are prohibited at this site by state and federal regulations (refer to
Section 6- Waste Screening Plan). Special wastes will not be handled at this landf 11 except in
accordance with TCEQ regulations and Section 4.20 -Disposal of Special Wastes of this SOP.
The unloading of solid waste will be eonfined to as small an area as practical. Trained personne~ will
monitor thc~ incoming waste on the trucks. These personnel are familiar with the rules and
regulations governing the various types of waste that can or cannot be accepted into this faciIity,
including knowiedge of'330.136 of the MSWMR. The personnel also have a basic understanc~ing of
both industrial and hazardous waste and their transpartation and dispasal requirements. Solid waste
dnmping will be controlled to prevent disposal in lacations other than ~hose speci~ed ~y site
management, Unloading of waste in unauthorized areas is prohibited and site personnel shall take
the necessary steps to ensure compliance with this provision. Any waste deposited in an
unauthorized area shall be removed promptly and disposed of property.
Elliott ?007 5kid O Kan Agmt 062807.doc Page 2fi of 39
Rules for waste disposal and prohibited waste will be prominently displayed on signs at the site
entrance. Refer to Section 6- Waste Screening Plan for specific waste handling procedures.
4.3. Hours of Operation
The facility is open for operation six days a week, Monday through Saturday. Narmal operating
hours for receiving wastes will be between 7:00 a.m. to 7:00 p.m., Monday through Saturday. The
site will be clos~d on Sundays and certain holidays. Operation on Sundays will be limited and only
held in conjunction with special events such as cammunity clean ups.
Op~ration of the site for specia~ occasions, special pwpose events, or other special occurrences will
alsa be within the appro~ed tim~s of 7:OQ a.m. and 7:00 p.m. Opera.tion on certain Holidays wil~ be
conducted from 6:00 a.m. ta 2:00 p.m. to accommodate the ne~ds of customers.
4.4. Site Signs
An entrance sign is displayed at the entrance to the site. This sign states the name of the site, type of
site, hours and days of aperation, and the TCEQ permit number. A sign prohibiting certain types of
waste such as hazardous waste, Ciass I waste, and smoking wi~l be posted outside the landfill
entrance.
4.5. Controi of Windblawn Wastes and Litter
Windblown wastes will be controlled by several means.
* All waste transportation vehicles using this facility will be required to ha~e in
piace adequate covers or other means of containment for the wastes they trat~sport. The
adequacy of covers or containment of incoming wastes will be checked at the faciIity
entrance.
* To further rninimize windblown wastes, the facility will provide litter cantral
fences, as necessary, at appropriate locations near the working face and elsewhere. The litter
control fence will be at least 5 feet high and will be located as close as practicai ta the
landfilling area.
* Periodically {at least weekly}, as part of the overal~ site maintenance program,
facility personnel will collect windblown waste materiais which may have accumulated on-
site and on both an and off-site access roads.
* The warking face of the active disposal area shall be covered daily to avoid
prolonged exposure of wastes, and to minimize windblown material.
* ~ * * *
EI~ioEt 2007 S[cid O Kan A~mt 062807,doc Page 27 of 39
4.8. Control of Waste Spilled on Raute to the Site
The Landf 11 Superintendent will take steps to ensure that vehicles hauling waste to the site are
enclased or provided with a tarpaulin, net, or other means to property secure the load. These steps
are necessary to p:revent the escape of any part af the load by btowing or spilling. Signs stating this
policy wi~l be posted and offenders may he re}~orted by the Landfill Superintendent to proper law
enforcement officers. The Landfil~ Superintendent will be responsible for the cleanup of waste
materials spilled along and within t~e right-of-way of all public access roads serving the site for a
distance of 2 miles in either direction from any entrance used for delivery of waste to the site. The
Landfill Superintendent will cansult with officials of th~ Texas Department of Transportation
concerning cleanup af state highways and right-of-ways.
4.9. Disposal of Large Items
Large appliances and other heavy items will not be placed within 5 feet of the liner. Items classified
as large, heavy, or bulky may include, but are not limited to, white goods {household appliances), air
conditioner units, and large metal pi~ces. In addition the site will maintain a Steel Recycling area
near the site main entrance where large appliances and other metallic items can be stored until
recycled. CFC removal will be conducted at this area. CFC's will be removed at least semi-monthly.
Appropriate house keeping will be maintained at all times.
4.10. Air Quality Control
Measures to control air pallution may include, bt~t are not limited to, the following items:
* No open burning of waste will be permitted at the proposed facility
* Freshiy landfilIed waste will be promptly covered with dirt or approved alternative
daily covers.
* Odor masking agents such as sanifoam may be utilized as necessary
* Ponded water at the site will be controlled as detailed in Section 4.19
* Accidental fires will be controlled as outiined in Section 7- Fire Protection Plan
The Lanc~fill Superintendent wiIl ensure that any unit of the municipal solid waste facility does not
violate any applicable requirement of the approved State implementation Plan developed under the
Clean Air Act, Section 110, as amended.
4.11. Disease Vector Control
The need for extensive vector control {control of rodents, flies, and mosquitoes} will be minimized
throug~ daily site operations, which include the app~ication of daily and final cover. The extent of
the working face will also be minimized. Site operators will make daily checks for insec~s or rodents
El l intt 2(i07 Skid O Kan Agmt 062&D7.doc Page 28 of 39
associated with the operations and will report problems to the Landfill Superintendent. If necessary,
a licensed professional should apply pesticides to ensure that proper chemicals are used and are
proper I y applied.
413. Salvaging and Scavenging
SaIvaging will not be al~owed to interfere with prompt sanitary disposal of solid waste or
to create pub~ic health nuisances. Salvaged materials will be considered as potential recycled
materials. Salvaged items wi~l be removed from the site often enough to prevent the items from
becoming a nuisance, to preclude the discharge of pollutants from the area, and to ~revent an
excessive accurnulation of the materia~ at the site. Special wastes received at the site wilI nat be
sa~vaged. Scavenging will be prohibited at all times.
* * * * *
4.20. DisposaI of Special Was~es
Acceptance of special wastes will be performed in accordance with MSWMR 330.136(h)
requirements. Special wastes that will be accepted at the site include non-regulated asbestos-
containing material (non-RACM}, and wastes from hea~th care related facilities. Other special wastes
may be accepted. If these wastes are addressed in'330.136 af the MSWMR, they will b~ handled ~in
accordance with the procedures provided therein for that specific waste. Should a different procedure
be devised or the specific wast~ not be addressed therein, then a request will be made in accordance
with Section 330.136(a}(2) and approval received prior to acceptance of those wastes. The special
wastes that will be accepted at the site and handling procedures are discussed belaw.
Non-Regulated Asbestos Containing Materials (Nan-RACM)
Non-RACM will be accepted. The non-RACM shall be disposed in the active working face and
immedia~ely covered with at Ieast two (2) feet of other solid waste. Precautions shall be taken by site
personnel to elirninate the crushing or grinding af non-R.ACM into a friable state.
Wastewater Treatment Plant Sl~dge
Treated wastewater ptant sludges will be accepted. 4ther material will receive TCEQ approval prior
to its disposal. The processed material will be required to pass a paint filter test prior to disposal on
the working face of the ~andfill, as prescribed in 30 T AC 334.136(b)(7).
DEAD ANIMALS
The site may receive dead animals that are de~ivered to the site independent of other wastes. Dead
animals wiTl be buried and covered with a minimum of 3 feet of solid waste or a minimum af 2 feeE
of soil immediatety upon receipt.
Elliott 2007 Skid O Kan A~;mt 062807.doc Page 29 of 39
Special Waste Report Submittal
The landfill Superintendent wili submit to the TCEQ a monthly summary of special wastes recei~ed
at the landfill. This report will be submitted no later than the 25th day of the montl~ foltowing the
month in which the waste was received. The reports wi11 be submitted on forms provided by the
TCEQ. Failure to file the reports in a timely manner is considered a violation af the MSWMR.
4.21. Disposal of Industriai Waste
Class I industrial waste will not be accepted at the site. Class II and Class III industrial solid waste
wi~t be accepted as long as the acceptance does not interfere wi~h nortnal operations. In the event
that a Class I industrial solid waste arrives at the site, the appropriate departments and off ces of the
TCEQ will be notified. The applicable phone numbers will be included in a list of emergency phone
numbers posted in the gate house and the landfill office. If the waste presents a~ emergency
situatian, the TCEQ Emergency Response Unit will be contacted. The appropriate agencies will be
requested to provide assistance to the City through their respective enforcement capabilities
concerning transporters and waste generators in the proper management of unauthorized waste
received at the site. Refer to Section 6- Waste Screening Plan and Section 4.2-Unloading Waste for
waste screening procedures.
~i.22. Preventian of Discharge of Conta~inated Water
The landfill Superintendent wil~ take alI steps necessary to cantrol and prevent the discharge of
contaminated water fram the faci~ity. Shauld ti~e discharge of contaminated water became necessary,
the landfill Superintendent wilI obtain specific written authorization frorn the TCEQ prior to
discharge.
4.23 Leachate and Cantaminated Water Plan
Leachate and contaminated water will be controlled as specified in the Leachate and Cantaminated
Water Plan.
* * * ~ *
Elliott 2007 Skid Q Kan Agm10628fl7.doc Page 30 of 39
6. WASTE SCREENING PLAN
Part A - Purpose
The purpose of this pIan is to pre~ent the unauthorized entry of waste not approved for disposal at
the ~andfill; ta protect both personnel and customers using the landfill; achieve permit compliance;
and assure the environment of the land~ll and surrounding area is protected from contamination
from unauthorized waste. Confarmity to the plan will assure efficient and effective processing of all
waste at the landfill.
The types of wastes that are accepted at the landfill as well as tl~e procedures for waste inspection
and handling are outlined in the Site Operating Plan.
Part B - Training
Training requirements of landfill personnel to recognize and handle nnauthorized waste
will incIude the following: ~
FamiIiarization of the Site Operating Plan
Successfu~ completian of formal waste screening training provided by: in-house instructian,
the Texas Engineering Extension Service {TEEX}, or Solid Waste Association of North
America (SWANA)
Records of all course attendance will be kept as well as copies of any certificates issued. A periodic
review of the information provided in these sources wilt take place as needed.
Part C- Prevention of Unauthorized DisposaZ
Methods used ta prevent unauthorized disposal will be accomplished a~ four (4} levels.
Each level will be designed to virtually eliminate random inspections.
Leve~ One - Education and Information
A sign at the entrance to the landfill will describe wastes that are not accepted far disposal
and will inform customers that their waste is subject to inspection.
An informational bulletin detailing the waste inspection pracess will be given onc~ a year to
all existing and to new customers.
A letter detailing the waste acceptance po~icy will be mailed to the management of all major
~rms and municipalities who actively use the landfill.
Information on the waste inspection process will be given to the local newspaper for
presentation as a public service announcement.
Efliott 20U7 Skid O Kan Agmt 062807.doc Page 31 of 39
The s~tection of loads for random waste inspection consideration will exclude twa graups of
transparters:
I. Transporters who provide adequate documentation (as specifed in 30 TAC
330.32{d} that unallowable wastes are avoided in the residential routing of collection
~ehicles. These vehicles wili be identifi~d by number.
2. Transporters of mixed residential and commercial waste that can provide assurance that
the generator properly classifies the waste and is routinely checked by the transporter for
compliance.
Individual vehicles not associated with any commercial activities or businesses will also be generally
exempted from waste screening consideratian.
All other vehicles will be included in the poa~ of loads for waste screening consideration.
Batkup Procedure: In accordance with 30 TAC 330.114 (5)(A); If at ariy time an excluded
v~hicle outside the pool is found ta have suspect waste within a load, the exemption status of
that ve~icle wiil become null and void, thereby subjecting it to waste screening
consideration.
Level Three - 30 TAC 330.32{d)
All transporters will be required to comply witlt 30 TAC 33Q.32(d). A surcharge for waste removal
will be assesse~ ta any transporter who is discovered to have duanped an unacceptable waste. In al~
cases the site operator refuses to accept ownership of any unauthorized waste.
Level Four - Screer~ing
Waste screening will take place in the following three ways:
All mani~ested wastes will be checked for conformance ta the manifest. Vehicles
transparting manifested wastes will be excluded from the pool of vehicles subjected to
random waste scre~ning sampling.
2. Ail vehicles entering the landfill for disposal purposes including those not related to any
business or commercial activity will be screened for unauthorized waste at the entrance gate,
The aperator maintains the right to question the driver of any vehicle entering the landfill.
Any suspect loads will be directed to the waste screening site far inspection. A1Z inspections
will be documented in the operating recard.
3. Screening at the working face will be done hy the attendant and the equipment operator by
observing both the offloading and spreading af the waste.
4. Random wast~ inspection will be accomplished by determFning the pool of vehicles available
For inspectian, including all vehicles not previously mentioned as being excluc~ed. From this
Elliott 2007 Skid O Kan Agmt Ob2807.doc Fage 32 of 39
pool, one vehicle wili be randomly inspected on a weeicly basis as recommended by the
Texas Engineering Extension Service (TEEX).
5. The random one percent selection from the pool of vehicles avaiIable for inspection wil~ be
made using random number tables.
Part D- Waste Inspection Pracess
The waste screening process will involve the following steps:
Step One - Determination of waste load to be screened. (As out~ined in Part C.)
Step Two - Preparation of the waste screening site. A concrete pad will be constructed at the landfill
approximately 50' x 100' in size and windscreen fencing will be utilized to maintain wastes within
the c~esignated area.
Step Three - A team of people will ~e selected ta conduct the waste screening process. Personnel
involved in the waste screening process will include those wha meet the following criteria:
must have completed the training requirements outlined in Part 8{and basic firstaid training)
must passess good oral and written commUnication skills
must be free of any p~ysicallimitations that would hinder performance of screening
operations
must possess good vision, good sense of smell and the ability to readily detect hea~
Step Four - The baszc equipment needed ta perForm the waste screening process will include the
follawing:
- rake, hoe, shovel for the purposes af moving and sorting waste
- wire cutter and pry bar the purpose of opening containers
- po~es and flagging for the-purpose of marking areas of suspected waste contamination
- inspection forms, watch, camera, clip board for the puaposes of recording the inspection
results
- fire ~xNnguisher, absorbent material and soil For the purpose of fire suppression and spill
containment
- paint filter test ki~ for the purpase of determining free liquids
- first-aid kit
- two-way radio for cornmunication purposes
Elliott ?007 5kid O Kan Agmr 062807.doc Page 33 of 39
St~ Five - Protective equiprnent needed to perform the waste screening process will include the
following:
- safety goggies for eye protection
- chemically resistant boats, gloves and Tyvek suits
hardha~
Step Six - Waste screening recording farm. (Attached in Section 9)
Step Seven - Remediation: In accordance with 30 TAC 330.114 {5) (E); the foilowing
procedure will be follawed in the event that a hazaraaus or non-allowable waste is four~d in the
waste screening process:
l. Non-allowable wastes will be laaded back onto the vehicle and the transporter
wi~l be req~ired to give evidence of where the waste is taken for disposal.
2. Hazardous wastes if identifiable and nat an imminent threat to the landfill or
human health, will be recnoved frorn the screening area and temporarily confined in the
hazardous waste storage building of the household hazardous waste facility (located adjacent
to the screening area}, until such time that arrangements for its removal and subsequent
dispasal can be made by a hazardous waste contractar. If, however, the waste does pose an
imrninent threat to the landfill or huma~ healtl~, the City's Fire Department (Hazmat Unit)
wil~ be contacted to secure the waste and assure its safe cantainment. In either case, any costs
associated with the proper disposal wili be the responsibility of the transporter who brought
the waste to the tandfill.
7. FIRE PROTECTION PLAN
The following steps must be taken regularly by designated landfill personnel to prevent fires:
* Burning waste must be prevented from being dumped in the active area of the
~andfili. The Gate Attendant and equipment operators must be alert for signs of burning
waste such as s~noke, steam, or heat being released from incoming waste ?oads.
* Fuei spills must be contained and cleaned up immediately.
* Dead trees, brush, or vegetation adjacent to the landfill must be removed immediately, and
grass and weeds mowed so that forest, grass, or brush fires canno~ spread to the landfill.
* No smoking on thc active areas of the landfill site.
Elliolt ?007 5kid O Kan Agmt 062807.doc Page 34 of 39
Specific Fire-Fighting Procedures
* If a fire occurs on a vehicle or piece of equipment, the first step is to bring t~e
vehicle or equipment to a safe stap. If safety of personnel wi11 al~ow, the vehicle must be
parked away from fuel supplies, uncovered solid wastes, and other vehicles. Shut off the
engine, engage the brake, or use some other appropriate method ta prevent subsequent
movement of the vehicle.
* If the fire is in the working face, the burrying area should be isalated, by pushing
the fire, with the wir~d, out of the working face. Soil should be placed on the fire to smother
it. If this is not possible or unsafe, efforts to cover the working face with earth must be
initiated immediately to smother the fire.
General Rules for Fire Incidents
* Contact the Fire Department by calling 3611$54-9704 or 911. The Cities Fire
Department, approximately 3.5 miles away, would respond if necessary.
* Alert other facility personnel.
* Assess extent af fire and possibilities far the fire ta spread a.nd alternatives for
extinguishing the fire. -
* If it appears that the ~re can be safely fought with available fire fighting devices
until arrival of the Fire Department, attempt to contain or extinguish the f re.
* Upon arrival of Fire Department personnel, direc~ them to the fire, and pravide
assistance, as appropriate.
* Do not attempt to fight a fire alone.
* Do not attempt to fight a~re without adequate personal protective equipment.
* Be familiar with the use and limitation of firefighting equipment.
* Fire fighting methods include smothering with soil, separating burning material
from other waste, and spraying with water from the water truck or pumped from nearby
ponds or streams. If detected soon enough, a small fire may be fought with a hand-held
extinguisher. Fire extinguishers will be located at tne Gate House and on each piece of
operating equipment.
Generalty, the firefighting technique that can be quickly employed to fight a landfill fire is
smothering with soii. The faster that soil can be placed over the fire, the more effective this method
will be in controlling and extinguishing the fire. Enough cover soil will be stockptlea withtn 25Q0
f~et of the warking face or active disposal area to cover the entire working face.
The site must be provided with fire extinguishers, of a type, size, lacation, and number as
Eifiott 2007 3kid O Kan Agmt 062307.doc Page 35 of 39
r~commended by the local Fire Department or the City's insurance carrier. Fire extinguishers must
be fully-charged and ready for use at alI times. Each extinguisher must be inspected on an annual
basis and recharged as necessary. These inspections must be performed by a qualified service
company, and all extinguishers must display a current inspection tag. Inspection and recharging must
also be performed following each use. The gate house, as well as all landfill eq~ipment and vehicles,
wiil be equipped with fire extinguishers.
Elliott 2007 5kid O Kan Agmt 062807.doc Page 3b of 39
EXHIBIT B
INSURANCE REQUIREMENTS
Hauler Liability Insurance
A. The Hauler may not deliver any solid waste to the City's J. C. Elliott Municipal Landfill
under this Agreement until Hauler has obtained all insurance required by this exhibit and the
required in,surance has been approved by the Ciry. The Hauier may not al~ow any
subc~ntractor to deliver solid waste ta the Landfill until all similar insurance required of the
subcontractar has been abtained and approved.
B. The Hau~er must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance,
with the City named as an additional insured for all liability policies, and a 6lanket waiver af
subrogation on all applicable policies, sl~owing the following minimum coverage by
insurance company{s) acceptable ta the City's Risk Manager.
YPE OF INSUR.ANCE MINIMUM INSUR.ANCE COVERAGE
3D-Day Notice of Cancellation required on odily Injury and Property Damage
aIl certificates
ommercial General Liability including: $1,000,000 COMBINED SINGLE LIMTT
1. Commercial Form GGREGATE LTMIT OF LIABILITY FOR
. Prernises - Operations ACH POLICY PERIOD
3. PraductslCompleted Operations
Hazard
. ContractualInsurance
5. Broad Form Property Damage
b. Independent Contractors
7. Personal Injury
8. Pollution Liability
UTOMOBILE LIABTLITY--OWNED NON- $1,000,000 COMBINED SINGLE LIMIT
WNED OR RENTED
WORKERS' COMPENSATION HICH COMPLIES WITH THE TEXAS ~
EMPLOYERS' LIABILITY ORKERS' COMPENSATION ACT AND
ARAGRAPH 2.A. OF THIS EXHIBIT
$100,000
ROFESSIONAL FOLLUTION $1,000,000 AGGREGATE LIMIT OF
IABILITY/ENVIRONMENTAL IABILITY FOR EACH FOLICY PERIOD
MPAIRMENT COVERAGE
ot limited ta sudden & accidental
discharge; to include lang-term
environmental impact #'or the disposal of
contaminants
Elliou 2Q07 Skid O Kan Agmt 062807.doc Page 37 of 39
C. In the event of accidents of any kind, the Hauler must furnish the Risk Manager with copies
of all reports of such accidents at the same time that the reports are forwarded to any other
interested parties.
2. ADDITIONAL REQUIREMENTS
A. The Hauler and its subcontractors must obtain warkers' compensation coverage through a
licensed insurance company or through self-insurance obtained in accordance with Texas
law. If such coverage is abtained through a licensed company, the contract for coverage must
~e written on a policy and endorsements approved by the Texas Department of Insurance.
If such coverage is pro~rided through s~lf-insurance, then within 10 calendar days after the
date the Contract Administrator or his designee requests tha~ the Hauler sign the contract
documents, the Hauler must provide the Risk Manager with a copy of its certificate of
autharity ta self-insure its warkers' compensation coverage, as well as a letter signed by the
Hauler stating that the certificate of authority to sel~=insure remains in effect and is not
subject to any revocation proceeding then pending before the Texas Workers' Compensation
Commission. Further, if at any time before the expiration of the Agreemerit by the City, the
certificate of authority to self-insure is revoked or is ~nade the subject of any praceeding
which could resuZt in revocation of the certificate, then the Hauler must immediately provide
written natice of such facts to the City, by certified mail, return receipt requested directed to
Director of Solid Waste Services, City of Corpus Christi, P.O. Box 9277, Corpus Christi, TX
78469-9277.
Whether workers' compensation cov~rage is provided tYirough a licensed insurance company
or through self-insurance, the coverage provided must be in an amount sufficient to assure
that all workers' compensation obligations incurred by the Hauler and its subcontractors will
be promp~ly met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the liability
coverage, except for the Workers' Compensation coverage and a blanket waiver of
subrogation on all applicable policies.
If your insurance company uses the standard ACORD form, the cancellation clause (bottom
right} must be amended by adding the wording "changed or" between "be" and "canceled",
and delet~ng the wards, "endeavor to", and deleting the wor~ing after "left".
The na~e of the pro,~ect, e.g., "City of Corpus Christi Saiid Waste Hauler Agreement" must
be listed under "D~scription of Operations"
At a minimum, a 30-day written notice to the City's Risk Manager of change or cancellation
is required.
Elliotr 3U07 Skid O Kan Agmt 062807.doc Paga 38 of 39
C. I~ the Certificate of Insurance on its face does not show on its face the existence of the
coverag~ required by items 1.8.(1 )-(8), an autharized representative of the insurance
company must include a letter specifically stating whether items 1.8.(1}-(8) are included or
excluded. ~
Elliott 2007 Skid O Kan Agmt 062807.doc Page 39 of 39
' Clty Of
~~ Corpus
= = Chr~sti
.r...~
July 17, 2007
Mr. Thomas Davis
Skid-O-KanlHaul Away
P.O. Box 1126
Corpus Christi, Texas 78403
Dear Mr. Davis:
o~ ~ORPIIS~,y
~ ~~
V
~ ~
;
~~~s4cro wA~``S~~
Per oi,u~ conversation earlier today, we have agreed to two paints on tl~e Put/Pay Contracts
for ~he J.C. Elliatt and Cefe Valer~zuela Landfills with Skid-O-Kar~IHaul Away appraved
by the City Council an July 17, 2007 as follaws:
1) On the J.C. Elliott Landfill PutlPay Agreement, we will credit your billing
reflecting the retraactive commencement date of June 1, 2a07 per the agreement.
2) In the J.C. Elliott Put/Pay Agreement, in Section 2.2.1 on page 8 of 39, due #o a
scribner's error, the guaranteed annual tonnage should be 2,234 tons per year and
not 6,400 tons per year as stated. I have uicluded two copies of the corrected
page to ;replace the exis#ing pages and by yow initials it will be substituted.
By our mutual signatures below we have agreed to these conditions.
. J ey D. aplan
City of Corpus Christi
CC: Lisa Aguilar, Assistant City Attorney
Cindy O'Brien, Director of Finance
Mr. homas Davis
Slcid-O-Kan/Hai.~l Away
P.O. Box 9277 • Corpus Christi, Texas 78469-9277
2.1.1. The Hauler shall deliver only acceptable waste.
2.1.2. Any acceptable waste co-mingled with hazardous, medical, or
unacceptable waste wi~l be considered unacceptable waste.
2.1.3. At any time, the City and Hauler mutuatly may agree in writing that any materials,
which are defined as unacceptable waste in Section 1.1. of this agr~ement, should rn the
future be reclassifie~ as acceptable waste.
2.2. Guaranteed Tannage. ~
2.2.1. Commencing on the effective date, the Hauler guarantees to deliver no# less than 2,234
tons per year ("guazar~teed annual tonnage"} of jurisdictinnal waste and aceeptable waste
collected outsid~ the City's limits tu the L,andfill,'and the City guaran#ees tha# it will accept
the waste.
2.2.2. The Hauler sl~all deliver the guaranteed annual tonnage. The Hauler's #argeted monttily
tonnage delivery schedule is defined as one-twelfth (1112) o€~he guarant~ed annua~ tonnage.
2.3. Adjustments to Guara~te~ed Toonage.
2.3.1. ~f notwithstanding the Hauler's best efforts and implementation oF best bt~siness
practices, th~ Hauler documents to the reasonable satis€actian of the City a loss of customers
in the Coastal Send Region, which has resuIted in~ a net decline af rnare than 10% af the
deliveries to the Landfill by the Hauler, and as a result #he Hauler is unable to deliver the
guaranteed tonnage for a pe~iod in excess of a yeaz, the parties wi~l act in good fai~h ta
renegotiate the guaranteed tonna.ge.
2.3.2. The Hauler may xequest a char~ge in its guaranteed tannage sixty days before the
annual anneversary date af this Agreement.
2.4. Hauler Agrees Not to Deliver Unaccept~ble Waste. The Ha~ler agrees that the Hauler will nat
deliver hazardous, medicaf, or unacceptable waste to the City.
2.5. Ownership of Solid Waste. Any solid waste delivered to the landfsll remain.s the praperty of
th~ generator. Legal title to the solid waste shall never pass to the City. Upan request, the Hauler will
malce records available to the City to deterinine the generators of any l~azardous, snedical, or
unacceptabl~ waste delivered to the la~dfill.
ARTICLE 3. FEES
3.1. Acceptance Fee for Guaranteed Monthly tonnage. T'he disco~nted acccptance fee for
acceptable waste delivered by the Hauler to the landfill is $19.50 per ton, plus any mandated Federal
ar State fees. This rate shall apply to acceptable waste delivered by the Hauiet ta the landfill
beginning Jur~e 1, 2007.
Elliott 2007 Skid a Kan Agmt 062807.doc Page 8 of 39