CONTRACT BETWEEN CITY OF NEW ORLEANS AND DISPOSAL, INC. BID PROPOSAL NO.: 3010-02079 CURBSIDE COLLECTION OF SOLID WASTE AREA 1 THIS CONTRACT is made and entered into by and between the City of New Orleans, represented by Mitchell J. Landrieu, Mayor (the ?City?), and Richard?s Disposal, Inc., represented by Alvin L. Richard, Jr., President (the ?Contractor?). The Agreement is effective as of April 1, 2017 (the ?Effective Date?). RECITALS WHEREAS, on September 22, 2016, the City issued Invitation to Bid No. 3010-02079 seeking a contractor to provide Curbside Collection of Solid Waste Area 1(the WHEREAS, the Contractor submitted the lowest responsive bid in response to the and WHEREAS, the City desires to award the Contract to the Contractor, NOW THEREFORE, the City grants and con?rms to the Contractor the contract to provide Curbside Collection of Solid Waste Area 1 to the City under the ITB and the City and the Contractor, for good and valuable consideration, agree as follows: I. THE OBLIGATIONS. The Contractor will perform all obligations of the Contractor, and be subject to all terms and conditions set forth, in this Contract and in the following documents that are incorporated fully into this Contract: the and the Contractor?s Bid dated October 13, 2016 (the 11. THE OBLIGATIONS. The City will pay the Contractor at the rates set forth in the Contractor?s Bid for the satisfactory performance of this Contract and will perform all obligations of the City, and be subject to all terms and conditions set forth, in this Contract and any incorporated documents. THE OBLIGATIONS. A. Performance and Payment Bonds. Westchester Fire Insurance Company (the ?Surety?) intervenes in this Contract and binds itself as surety for: 1. The faith?Jl performance of all work required of the Contractor by this Contract in the full sum of Five Million, Six Hundred Ninety Three, Seventy Seven Dollars and Zero Cents and Page 1 of 4 Contract between the City of New Orleans and Richard?s Disposal, Inc. Invitation to Bid No. 3010-02079 Curbside Collection of Solid Waste Area 1 SD61 15918 K16-1346 2. The full payment by the Contractor of all payments to be made by the Contractor under this Contract the full sum of Five Million, Six Hundred Ninety Three, Seventy Seven Dollars and Zero Cents Each of these bonds is to be considered separate and distinct, and no payment made by the Surety under either bond shall in any way reduce the obligations of the Surety under the other. B. Acknowledgement of Contract. The Surety represents and warrants that it has fully read and understands the terms of this Contract, including all incorporated documents. C. S_urvival and Validitv of Bond. The Surety?s bond will remain in full force and effect, and will survive the termination of this Contract, but will be become null and void if the Contractor: (1) well and faithfully performs all and singular the obligations assumed by the Contractor under this Contract; (2) fully secures and protects the City, its legal successor and representatives, from all loss or expense of any kind, including premises, including all costs of Court and attorneys? fees, made necessary or arising from the failure, refusal or neglect of the Contractor to comply with all of the obligations assumed by it; and (3) delivers all the work required by the Contract to the City, free from any and all claims, liens and expenses. The obligations of the Surety will not be affected in any way by any modi?cations, omissions, or additions in or to the terms of this Contract, the plans or speci?cations, or in the manner and mode of payment. IV. ADDITIONAL PROVISIONS. A. Convicted Felon Statement. The Contractor complies with City Code 2-8(c) and no principal, member, or of?cer of the Contractor has, within the preceding 5 years, been convicted of, or pled guilty to, a felony under state or federal statutes for embezzlement, theft of public funds, bribery, or falsi?cation or destruction of public records. B. Non-Solicitation Statement. The Contractor has not employed or retained any company or person, other than a bona ?de employee working solely for it, to solicit or secure this Contract. The Contractor has not paid or agreed to pay any person, other than a bona ?de employee working for it, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from this Contract. C. Non-Waiver. The failure of either party to insist upon strict compliance with any provision of this Contract, to enforce any right or to seek any remedy upon discovery of any default or breach of the other party at such time as the initial discovery of the existence of such noncompliance, right, default or breach shall not affect or constitute a waiver of either party?s right to insist upon such compliance, exercise such right or seek such remedy with respect to that default or breach or any prior contemporaneous or subsequent default or breach. D. Entire Agreement. This Contract, including all incorporated documents, constitutes the ?nal and complete agreement and understanding between the parties. All prior and contemporaneous agreements and understandings, whether oral or written, are superseded by this Contract and are without effect to vary or alter any terms or conditions of this Contract. [The remainder of this page is intentionally left blank] CONTAINED ON NEXT Page 2 of 4 Contract between the City of New Orleans and Richard?s Disposal, Inc. Invitation to Bid No. 3010-02079 Curbside Collection of Solid Waste Area 1 SD61 15918 IN WITNESS WHEREOF, the City and the Contractor and the Surety, through their duly authorized representatives, execute this Contract. -- Ew ORLEANS BY: MAYOR FORM AND LEGALITY APPROVED: Law Department By: DISPO AL, INC. BY: .7. am, ALVIN L. RICHARD, JR., Printed Name: [The remainder of this page is intentionally left blank] SIGNATURE CONTAINED ON NEXT Page 3 of 4 Contract between the City of New Orleans and Richard?s Disposal, Inc. Invitation to Bid No. 3010-02079 Curbside Collection of Solid Waste Area 1 SD61 15918 K16-1346 WEST CHESTER FIRE INSURA CE 9? PANY BY: (it; if" EILEEN A. FRANK ATTORNEY-IN-FACT Page 4 of 4 Contract between the City of New Orleans and Richard?s Disposal, Inc. Invitation to Bid No. 3010-02079 Curbside Collection of Solid Waste Area 1 SD61 1 5918 January 18, 2017 Ms. Deidra Jones Richard?s Disposal Inc. 11600 Old Gentilly Road New Orleans, LA 70129 RE: Curbside Collection of Solid Waste Area 1 Contract Ms. Jones, Enclosed please find three executed copies of the contract for Curbside Collection of Solid Waste Area 1. Ms. Frank is the attorney in fact for Westchester and has signed and sealed all three contract print outs. Best regards. omwez Debra Maffei Risk Services Admin. Manager 44 WALL STREET FL. NEW YORK, NY 10005 (212) 461-2260 FAX: (212) 461-2263