2018 WASTE REMOVAL SERVICES CONTRACT

Transcription

1 2018 WASTE REMOVAL SERVICES CONTRACT Contact and Property Information Customer Name: Property Address: 500 Crestridge Avenue, Colorado Springs, CO Billing Address (if different): Telephone Number: Address (for electronic invoicing): Garage Code/Entry Key: Start Date: January 1, 2018 Contract Commencement Date: January 1, 2018 Contract Expiration Date: December 31, 2018 In consideration of the promises and covenants hereinafter set forth, the above named Customer, and Szia Waste LLC (Contractor) of 500 Crestridge Avenue, Colorado Springs, CO 80906, agree to the terms and conditions as follows: 1. SCOPE AND MANNER OF SERVICES. Beginning on January 1, 2018 Szia Waste LLC will provide to Customer the following services (collectively, the Services ): The Contractor shall furnish all labor, material, equipment and resources necessary for the collection and disposal of garbage, refuse, and yard waste from all residential and commercial units receiving service from Szia Waste LLC; according to the following collection specifications: a. Garbage and refuse removal. Waste in excess of 2x65 gallon trash cans worth of garbage may be subject to additional charges. b. Peak Season/Busy Days: Route servicing times during peak season are heavily affected by trash volume; excess waste may cause delays in our routes, and we may be unable to pick up all or part of the excess volume on the requested pickup date/time. If this is the case, we will return for the remaining waste. We will do our best to remove high priority, wet, odor-causing trash first. c. Trash collection bin liner bags will be changed with each service. Please keep these liners in place; if liners are missing, Customer will incur a $10 charge for

2 loose trash per can. Trash is picked out by hand, and it is essential that trash be bagged. d. General household waste items, including but not limited to animal and vegetable waste (non-consumed food), leaf or simple vegetative waste, non-recyclables, textiles, shoes, toys, plastics and all similar materials are part of the contracted service. e. Yard waste collection as needed. Yard waste includes any vegetative waste resulting from the care and maintenance of landscaped areas, lawns and gardens provided that it is packaged separately and bundled properly (to avoid puncturing of bags and creation of substantial dust.) f. Sharp materials (ie. construction materials, etc) should not be placed in bags (as they puncture them and create a hazard when handling.) Please do not commingle with regular trash; please keep separate. Special pickup may be required. g. All waste shall be bundled in packages no larger than three feet (3 ) in diameter and four feet (4 ) in length. Items larger than three feet by four feet will require a special pick up and may be scheduled accordingly. (Additional charges will apply.) h. Emergency and last minute pickup requests: Contractor shall respond to any of Customer s requests for services within 24 hours of receiving such a request from the Customer. Response will be via phone or . Pickup requests with less than 48 hour s notice will be on a best-efforts basis. i. Removal will occur on an as needed basis and will be coordinated between Customer and Contractor on a regular basis. j. All major holidays including Thanksgiving, Christmas and New Years Day will be serviced when necessary at no additional charge. EXCLUSIONS.! Removal of hazardous materials: The following list of hazardous waste materials shall NOT be included and/or commingled in the waste collection bins: paints, solvents, automotive wastes such as motor oil or antifreeze, pesticides, mercury containing wastes such as thermometers, fluorescent lighting, electronics such as computers, cell phones and televisions, aerosols, propane cylinders, antifreeze, ammunition, radioactive waste and batteries containing nickel or lithium. If such material needs to be removed, Contractor will arrange a special pick up at Customer s request (Additional charges will apply.) This is critical because the landfill imposes heavy fines for failure to separate hazardous materials.! Bundles or items larger than 3 (three feet) by 4 (four feet:)

3 Contractor will haul away household and yard waste, bundled or packaged smaller than three feet by four feet. Customer must coordinate bundles exceeding these specifications for special pick up. (Additional charges will apply.) 2. CUSTOMER RESPONSIBILITY 3. PAYMENT a. Customer agrees to supply Contractor with updated information as it pertains to each property, specifically in regards to entry codes/ keys. Contractor must be able to access the collection site at the time of service. b. Customer agrees to provide updated and current schedules to Contractor with regards to each property, including the pick-up needs of each property on a regular basis. c. If there are tenants in the property, Customer is responsible for notifying tenants with respect to dates and times of waste removal operations. d. Customer agrees to keep the trash bins clean. Contractor will notify the Customer on a best efforts basis if servicing of cans is required (i.e. power wash needed, repair, or replace needed.) e. Customer is responsible for snow removal during winter months, ensuring that driveway and garage remain accessible. If driveway is deemed too hazardous to attempt, we will need to reschedule the trash pickup. f. If we are unable to access the trash (due to incorrect code, snow not being plowed, etc,) Customer may still incur a pickup charge. Contractor will make every effort to work out alternative access to property by calling Customer. Payment shall be made to Szia Waste LLC, 500 Crestridge Avenue, Colorado Springs, CO Customer agrees to pay Contractor for the term of this contract to complete the services, as set out in paragraph 1. Amount: $/pickup (post-paid) a. Customer agrees to pay Contractor for the services in accordance with the rates set out in this section, paid within 30 days of receipt of Contractor s invoice. b. Contractor will submit invoices on a monthly basis for payment by Customer. Invoices may be mailed or ed at Customer s preference. c. If any invoice is not paid when due Customer will incur a $35 late fee. If invoice continues to be unpaid, services will be suspended. Customer shall pay all costs of collection, including without limitation, reasonable attorney fees.

4 4. TERM d. If Customer disputes any portion of an invoice, Customer must notify Contractor in writing within 10 calendar days of receiving the said invoice. If no such notification is given, the invoice will be deemed satisfactory. Any portion of an invoice that is not disputed shall be paid in accordance with this section. e. In addition to any other right or remedy provided by law, if Customer fails to pay for the services when due, Szia Waste LLC has the option to treat such failure to pay as a material breach of this Contract and may cancel this Contract and seek legal remedies. Customer agrees to a full 12-month service from commencement. Either party may terminate this contract at any time by providing written notice of intent to terminate the contract on a specified date to the other party, at least 15 days prior to the intended date of termination. Any payment for services rendered owed by Customer shall be due and payable at the time this agreement is terminated. Contractor must be given notice of any service issue in writing, and permitted ample time to respond and resolve the matter. Customer will not be bound to contract in the case of loss of management of property. This contract shall expire on December 31, 2018, at which time the parties may extend and/or modify it by mutual agreement in writing. 5. CONFIDENTIALITY Szia Waste LLC, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Szia Waste LLC, or divulge, disclose, or communicate in any manner, any information that is proprietary to the Customer. Szia Waste LLC and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. 6. WARRANTY Szia Waste LLC shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Szia Waste LLC community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Szia Waste LLC on similar projects. 7. INSURANCE Contractor agrees to maintain, at its sole expense, comprehensive general liability insurance at a minimum amount of $1,000,000.00, and to indemnify and hold Customer harmless from any and all claims arising from any negligent act or omission of

5 Contractor during the performance of this Contract. Contractor shall provide Customer with proof of such insurance, upon request. 8. NOTICE OF BREACH AND LIQUIDATED DAMAGES If Customer believes that a material breach of the agreement has occurred, Customer will notify Contractor in writing of the alleged breach and allow ten (10) business days from the receipt of said notice to remedy the alleged breach. If Contractor is unable to remedy the alleged breach within ten (10) days, Customer will be entitled to liquidated damages equal to the rate as stated in paragraph 3, measured on a pro rata basis for the term of the breach. 9. GOVERNING LAW AND JURISDICTION This agreement shall be governed by and construed pursuant to the laws of the state of Colorado. The parties submit all their disputes arising out of or in connection with this agreement to the exclusive jurisdiction of the Courts of El Paso County, Colorado. 10. ATTORNEY FEES In the event of any dispute, arbitration, or litigation between Customer and Contractor arising out of or in any way related to this agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys fees from the losing party. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first above written. BY OR ON BEHALF OF CUSTOMER NAME: BY OR ON BEHALF OF SZIA WASTE LLC: Signature Signature LAURA ANDER Print Name Date Print Name 01-January-2018 Date