HomeMy WebLinkAboutADVANCED-MONTH TO MONTH CONTRACT 2011 Solid Waste Collections Contract - Advanced-Month to Month FINAL Approved
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Contents
A. Overview Page #
Section 5: Purpose and Intent 4
Section 10: Negotiation Costs 4
Section 15: Contract Term 4
Section 20: Incorporation of Exhibits 5
Section 25: Contract Limitations 5
Section 30: Definitions 5
Section 35: Augusta Responsibilities 7
Section 40: Contractor's Responsibilities 8
Section 45: Contractor's Re�resentations and Warranties 8
Section 47: LSBOP Data Collection Requirements 8
Section 50: Au sgu ta Representations and Warranties 9
Section 55: OSHA and Geor�a Law Compliance 10
Section 60: Vehicles Used in Collection 11
Section 62: Spare Vehicles 12
Section 65: One Vehicle One Purpose 12
Section 70: Disposal/Vehicle Inspections and Permits 13
Section 75: Vehicle Specifications 13
Section 80: Ownership of Equipment 14
Section 85: Asset Maintenance and Inventorv 14
Section 90: Traffic Laws, Noise Control 14
Section 95: Contractor's Office 15
B. Collection Services
Section 100: Collection Area 16
Section 102: Davs of Collection 16
Section 104: Garba�e Collection 16
Section 106: Yard Waste Collection 17
Section 108: Recvcling Collection 18
Section 110: Bulky Waste collection 19
Section 112: Additional Carts 20
Section 114: Place of Collection 20
Section 116: Collection from Additional Locations 21
Section 120: Force Majeure Clean Up 21
Section 122: Eviction, Vacant Lot, Special Clean-up 22
Section 124: Augusta Clean Up Events 23
Section 126: Time of Collection 24
Section 128: 5cheduling of Collection 24
Section 130: Work on Augusta Propertv 25
Section 132: Disposal and Recvclin� Locations 25
Section 134: Ownership of Materials Collected 26
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Section 136: Scavenging 26
Section 138: Holidav Schedule 27
Section 140: Service Disruptions Due to Weather 27
Section 142: Service Disruptions — Non Weather 27
Section 144: Missed and Make-up Collections 28
Section 146: Minimum Cart/Bin Percentage 33
Section 148: CartBin Replacement Cost 33
Section 150: DelincLuent and Closed Accounts 33
Section 152: Meetin�s and Communication 33
Section 154: Pro�ram Information 35
C. Manner of Collection
Section 200: Contractor's Res�onsibilitv 36
Section 210: Employee Conduct 36
Section 220: Emplovee Uniforms 37
Section 230: Spillage 37
Section 240: Dama�e Claims 38
Section 250: Customer Grievances 38
D. Reporting Requirements
Section 300: Report/Information Specifications 39
E. Compensation
Section 400: Pavment for Collection Services 40
Section 410: Pavrnent Procedure 40
Section 420: Contract Unit Price 41
Section 430: Adjustments 41
Section 440: Wage Increases for Emplovees 42
Section 450: Withholdin� and Payment of Tax Liens and Judgments 42
F. Security, Liability, Damages
Section 500: Pavment Bond 43
Section 510: Performance Bond 43
Section 520: Default of Contractor 44
Section 530: Commitment of Equipment 46
Section 540: Insurance 47
Section 550: Indemnitv 50
Section 560: LiQUidated Damages 50
G. Equal Opportunity/Non-Discrimination, Drug Free Work Place
Section 600: Equal Emplovment Opportunit� 53
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Section 610: Equal Emplovment Opportunity — Implementation 53
Section 620: Non-Discriminatorv Service 55
Section 630: Drug-Free Workplace 59
H. Ancillary Provisions
Section 800: Assignment of Pled�e on Monies bv the Contractor 64
Section 805: Assignment, Subcontractin ,� Delegation of Duties 64
Section 810: Audit and Inspection 65
Section 815: Contractor Will Not Sell or Disclose Data 65
Section 820: No Publicitv 65
Section 825: Contract Rights 65
Section 830: Open Records Act 66
Section 835: Interpretation 66
Section 840: Law; Venue 66
Section 845: Discretionary Waiver of Ri t to a Jurv Trial 66
Section 855: Notices 66
Section 860: Severabilitv 67
Section 865: Interest of the Parties 6'7
Section 870: No Briberv 67
Section 875: Chan�e in Control 67
Section 880: Force Majeure 68
Section 885: Dispute Resolution 70
Section 890: Contractor Acknowledgment 70
Other Items
Si ng ature pa�e 71
Example from section 146 72
Exhibits 73
End of Contract 67
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SOLID WASTE COLLECTION CONTRACT
BETWEEN AUGUSTA, GEORGIA (AUGUSTA RICHMOND COUNT�
AND ADVANCED DISPOSAL SERVICES AUGUSTA, LLC.
This solid waste collection Contract is entered into by and between, Augusta,
Georgia, a consolidated local government, which is both a municipal corporation
and a County, being a political subdivision of the State of Georgia, [by and through
Augusta Richmond County's Solid Waste Department] hereinafter "Augusta" and
Advanced Disposal Services Augusta, LLC. of Augusta "Contractor" to provide for
Garbage, Yard Waste, Recycling and Bulky Waste collections from Units located
within the Collection Area (as hereinafter defined).
The parties, in consideration of the promises, representations and warranties
contained herein, agree as follows:
A. Overview
Section 5. Purpose and Intent — Legal Relationship of Parties
This Contract creates the legal relationship of independent Contractor by and between
Advanced Disposal Services Augusta, LLC. and Augusta.
This Contract engages Advanced Disposal Services Augusta, LLC. of Augusta to collect
Garbage, Yard Waste, Recycling and Bulky Waste from Units within the Collection
Area.
Section 10. Nesotiation Costs
The Contractor shall bear its own cost of negotiating this Contract and developing all
required materials. Augusta shall not be charged for any services or other work
performed prior to the Start Date.
Section 15. Contract Term
This Contract is entered into on this day of , 2011 (`Bffective
Date"). The collection services will begin on January 1, 2012 ("Start Date") and
automatically renew on a month to month basis, ending at Midnight on the end date.
Augusta must provide Contractor a minimum of 14 fourteen days notice of its intent to
cancel the Contract. If the Contract is extended, the same terms, conditions, and methods
of payment shall apply during the extension period. Contractor must provide Augusta a
minimum of 90 ninety days notice of its intent to terminate the Contract.
Section 20: Incorporallon of Exhibits
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1. The Contractor and Augusta acknowledge and agree that each of the
following exhibits is attached to this Contract and is incorporated into and
made a part of this Contract by reference:
Exhibit A: Collection Area
Exhibit B: Rate Table
Exhibit C: Force Majeure Rate Table
Exhibit D: Eviction/Vacant Lot Rate Table
2. If there is a conflict between any exhibit and the Contract, the provisions of
the exhibit shall prevail.
Section 25: Contract Limitations
At the time of award, the Contractor shall not be awarded or have control of more than
50% of the total number of Units.
During the term of the agreement, no Contractor shall have control of more than fifty
percent (50%) of the total number of Units. An exception will be made for natural
population growth within a Collection Area.
Section 30. Definitions
In addition to Capitalized terms that are defined elsewhere, the following meanings
apply:
Bins: A water-tight plastic container that is provided by Augusta, that
shall not be less than 65 gallons in capacity, fitted with a sturdy
handle, roll able and a tight fitting lid, for the purpose of collecting
Recycling.
Bulky Waste: Refers to furniture, appliances, tires, and other items too large to be
reasonably placed into a Cart as defined herein with a size limit of,
not larger than five (5) feet in length, five (5) feet in height and ten
(10) feet in width. Construction debris shall be limited to an
amount that is equal to 25% of the allowable pile by volume.
C&D: Construction/Demolition waste means waste of building materials
and rubble resulting from construction, remodeling, repair and
demolition operations on pavements, houses and other structures.
Such wastes include but are not limited to wood, lumber, wall
board, concrete, brick, metals, and other items attributed to
construction and demolition.
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Cart: A water-tight plastic container that is provided by the Contractor,
that shall not be less than 95 gallons in capacity, fitted with a
sturdy handle, roll able and a tight fitting lid, for the purpose of
collecting Garbage.
Collection Area: The physical area for which the Contractor has been contracted to
provide services to.
Contractor: Individual or firm contracted to provide services under this
Contract.
Contract: Document containing all provisions and specification that Augusta
and the Contractor must abide by and/or meet.
Garbage: All discarded waste, food, paper, glass, plastic, leather, textiles,
cans, and/or other materials normally associated with common
household waste.
Handicapped/
Special Needs: Individual(s) who can provide verifiable proof of a disability, a
limitation, or a special need which limits their ability to place
waste to the curb or right of way.
Hazardous Waste: Refers to Hazardous Waste, which is defined and published in the
Georgia Hazardous Waste Management Act (Official Code of
Georgia Annotated § 12-8-61, et. seq.) and incorporated herein by
reference. Hazardous Waste is potentially dangerous by-products
of our highly industrialized society, which cannot be handled,
treated, or disposed of without special precautions. Hazardous
Waste includes, but is not limited to, ignitable, corrosive, reactive,
and toxic wastes such as acetone, gasoline and industrial alcohols,
alkaline cleaners, acids, cyanide and chlorine, arsenic, pesticide
wastes, paint, caustics, infected materials, offal, fecal matter
(human and animal) and explosives. Hazardous Waste does not
include solid waste that is Household Waste, including household
waste that has been collected, transported, stored, treated,
disposed, recovered (e.g. refused-derived fuel) or reused, all as
defined by the Georgia Hazardous Waste Management Act.
Holiday Overloads: Extra waste generated in association with a Federal, State, or
Locally recognized holiday.
LSBOP: Augusta, Georgia Local Small Business Opportunities Program
Red Tag: A notification given to the customer for the purposes of
informing/educating with the intent of eliminating future issues
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related to collections of Garbage, Recycling, Yard Waste, and
Bulky Waste.
Recycling: Refers to paper, cardboard, newspaper, plastic, aluminum, bi-
metal, steel, tin, and other similar items.
Section: A defined subset of customers within the Collection Area.
Tire: Any rubber cushioning from a wheel which will include
automobiles, trucks, bicycles, and other small vehicles, not to
exceed seventeen (17) inches.
Unit: A location approved to have the service(s) under this Contract.
Yard Waste: Plant material (leaves, grass clippings, branches, brush, flowers,
roots, wood waste, etc.); debris commonly thrown away in the
course of maintaining yards and gardens, including sod; and
biodegradable waste, but excludes loose soil, Garbage, food waste,
plastics, synthetic fibers, lumber, human or animal excrement, or
soil contaminated with hazardous substances.
Section 35: Augusta Resnonsibilities
Augusta shall be responsible for:
1. Making timely payments required by this Contract.
2. Inspecting Contractor performance, mediating and adjusting customer
grievances. Augusta may require special and other services as contemplated
in this Contract.
3. Specifying each customer's level and type of collection service.
4. Supply Carts and/or Bins as defined by this agreement.
5. Pay disposal costs as defined by this agreement.
Section 40: Contractor's Resnonsibilities
The Contractor shall be responsible far:
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l. Furnishing all skilled labor, equipment, materials, supplies and utility services
required for providing all services in accordance with this Contract unless
otherwise noted within the Contract.
2. All actions and activities of its subcontractors.
3. Supplying all records, reports, and information required by this Contract.
4. Securing at Contractor's expense, all governmental pernuts and licenses and
required regulatory approvals (including all required by Augusta Ordinances).
5. Timely paying of all applicable taxes.
6. Complying with applicable laws and regulations.
7. Performing all work in a timely, professional manner.
8. All wage increases for Contractor's collectors or other employees, any
benefits or added costs resulting from changes in technology, laws,
regulations, labor, supplies, practices, availability of equipment, and other
business risks that may affect the performance of this Contract.
a. Should there be an extraordinary change in a law(s), rules, or regulations
related to fuel taxes, disposal fees, or the addition or imposition of solid
waste fees or taxes on services that impact the true cost of this contract,
the Contractor and/or Augusta shall have the right to petition for an
equitable adjustment.
Section 45: Contractors Representations and Warranties
1. Organization and Oualification. The Contractor is duly incorporated or
otherwise legally organized and, validly existing and in good standing under
the laws of the State of Georgia, and has all requisite power and authority to
enter into and perform its obligations under this Contract.
2. Authoritv.
a. The Contractor has the authority to execute this Contract, to make the
representations and warranties set forth in it and is appropriately skilled,
organized and financially able to perform the obligations of Contractor
under this Contract in accordance with its terms.
b. This Contract has been validly executed by the authorized representatives
of the Contractor and constitutes a legally binding, enforceable obligation
of Contractor.
3. Government Authorizations and Consents. The Contractor has or will obtain
prior to the commencement date such licenses, pernuts, and other
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authorizations from federal, state, and other governmental authorities, as are
necessary for the performance of its obligations under this Contract.
4. Compliance With Laws. The Contractor is not in violation of any applicable
law, ordinance or regulation, the consequence of which will or may materially
affect Contractor's ability to perform its obligations under this Contract. The
Contractor is not subject to any order or judgment of any court, tribunal, or
governmental agency which could materially and adversely affects its
operations or assets in the State of Georgia, or its ability to perform its
obligations under this Contract.
5. Accuracv of Information. None of the representations or warranties in this
Contract and none of the documents, statements, certificates or schedules
furnished or to be furnished by Contractor pursuant hereto or in connection
with the performance of the obligations contemplated under this Contract,
contains or will contain any untrue statement of a material fact or omits or will
omit to state a material fact necessary to make the statements of fact contained
therein not misleading.
6. Independent Examination. In accepting these responsibilities, the Contractor
represents and affirms that it has made its own examination of all conditions,
facilities, and properties affecting the performance of this Contract and of the
quantity and expense of labor, equipment, materials needed, and of applicable
taxes permits and laws. The Contractor affirms that within the Collection
ArealSection(s) it is aware of the present placement of collection Carts at the
curb, alley, or backyard locations, and the present location of
Handicapped/Special Needs customers. The Contractor represents and
warranties that it is capable of continuing to collect Carts from their present
locations.
Section 47: LSBOP Data Collection Reauirement
In accordance with Chapter l OB of the AuGUSTA, GA. CoDE, Contractor expressly agrees
to collect and maintain all records necessary to for Augusta, Georgia to evaluate the
effectiveness of its Local Small Business Opporiunity Program and to make such records
available to Augusta, Georgia. The requirements of the Local Small Business
Opportunity Program can be found at www.au�,usta��. In accordance with
AuGUSTA, GA. CoDE § 1-10-129(d)(7), the contractor is required to provide local small
business utilization reports. Contractor shall report to Augusta, Georgia the total dollars
paid to each local small business on each contract, and shall provide such payment
affidavits, regarding payrnent to subcontractors as may be requested by Augusta,
Georgia. Such documents shall be in the format specified by the Director of minority and
small business opportunities, and shall be submitted at such times as required by
Augusta, Georgia. Failure to provide such reports within the time period specified by
Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth,
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including but not limited to, withholding payment from the contractor and/or collecting
liquidated damages.
Section 50: Augusta Representations and Warranties
Augusta represents and warrants to the Contractor as follows:
1. Organization and Qualification. Augusta is a political subdivision of the State
of Georgia and has all requisite corporate power and authority to enter into
and perform its obligations under this Contract.
2. Authoritv.
a. Augusta has the authority to execute this Contract, to make the
representations and warranties set forth in it and to perform the obligations
of Augusta under this Contract in accordance with its terms.
b. This Contract has been validly executed and constitutes a legally binding
and enforceable obligation of Augusta.
3. Government Authorizations and Consents. Augusta has such licenses, permits
and other authorizations, as are necessary for the performance of its
obligations under this Contract, and no consent, approval, or authorization of
or declaration, registration or filing with any governmental or regulatory body
is required to be obtained or made by Augusta as a prerequisite to its
execution of this Contract or its performance of its obligations contemplated
hereby.
4. Compliance With Laws. Augusta is not in violation of any applicable law,
ordinance or regulation, the consequence of which will or may materially
affect Augusta's ability to perform its obligations under this Contract.
Augusta is not subject to any order or judgment of any court, tribunal, or
governmental agency which materially and adversely affects its operations or
its ability to perform its obligations under this Contract.
5. Accuracy of Information. None of the representations or warranties in this
Contract and none of the documents, statements, certificates or schedules
furnished or to be furnished by Augusta pursuant hereto or in connection with
the performance of the obligations contemplated under this Contract, contains
or will contain any untrue statement of a material fact or omits or will omit to
state a material fact necessary to make the statements of fact contained therein
not misleading.
Section 55: OSHA & Geor�ia Law Compliance — Health & Environmental
1. The Contractor shall comply with the Federal Occupational Safety and Health
Act of 1970, as amended (OSHA) and the Official Code of Georgia and with
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the standards and regulations issued to implement these statutes from time to
time.
2. The Contractor is also responsible for meeting all pertinent local, state and
federal health, safety and environmental laws, regulations, and standards
applying to collection of Garbage, Yard Waste, Recycling and Bulky Waste.
Section 60: Vehicles Used in Collection
1. All vehicles used for collection shall be registered with the State of Georgia
Deparhnent of Motor Vehicles, and shall be kept in a clean and sanitary
condition and a state of good appearance and repair, and shall be painted in a
uniform manner.
2. All collection vehicles shall be painted by Contractor in Contractor's color(s).
Color(s) and color schemes are subject to approval by Augusta, in its
reasonable discretion. Vehicles shall be uniquely numbered. Contractor's
name and vehicle number shall be painted in a contrasting color, at least four
inches high on each side of the vehicle and on the rear of the vehicle. The
Contractor shall place a sign and/or text as determined by Augusta, which
may include a Augusta customer service telephone number on all collection
vehicles on each side and the rear of the vehicle. All collection vehicles shall
be kept in a clean and sanitary condition.
3. All collection vehicles or personnel must be equipped with a communication
device (i.e. cell phone or radio) which allows for immediate communication
between the collection vehicle and a supervisor, and/or the Contractor's
office.
4. Collection vehicles shall be sufficient to service all participating Units for
which they are intended to service at the frequency of collection specified and
able to handle special requirements of the Contract including adverse weather
and holiday overloads.
5. All vehicles used by management personnel, including route supervisors,
operations manager, etc. shall be equipped with cell phones with voice mail so
that they can be contacted by Augusta.
6. All vehicles operated under the authority of this Contract shall be driven in
compliance with Uniform Rules of the Road and Georgia State traffic laws
and, where applicable, Augusta's codes, ordinances, and rules.
7. The Contractor's collection vehicles shall be used only on this Contract,
unless advanced written approval is given by Augusta. The Contractor may
use collection vehicles from other sources or use Contract vehicles for other
operations only with the prior written approval of Augusta. Should Augusta
authorize either of the above mentioned approvals, at no time may non-
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contract waste be included with Contract waste. This provision is subject to
Section 560.
8. The Contractor shall not park or store any collection vehicles on Augusta
property. Should Augusta identify that a vehicle violates this provision; the
Contractor shall be notified by phone, fax, or e-mail. Should the vehicle not
be removed in a reasonable period, or should the vehicle become a nuisance, a
safety issue, or an operational issue, the vehicle will be towed out of the way
or to the Contractors shop, at the Counties discretion, at the sole expense of
the Contractor. Said expense will be deducted from the amount owed to the
Contractor for the current month.
9. The Contractor shall make a reasonable effort to empty each collection
vehicle at the end of each day.
Section 62: Spare Vehicles
1. The Contractor shall have a minimum spare ratio sufficient to provide quality
service under this Contract. Spare vehicles shall be allowed to collect from
any route, collecting any material. Spare vehicles shall meet the appropriate
standards set forth herein for normal vehicles. Spare vehicles will be counted
toward the average age of the fleet.
2. The Contractor shall be responsible for ensuring that spare assets are available
for each subcontractor to meet the above stated standard.
3. When a spare vehicle is used, notification to Augusta must be received in
advance. The advanced notice shall include at a minimum, the date, truck
number, route it will be servicing, and commodity serviced. Other
information may be reasonably requested by Augusta. Advance notice type
shall be by fax or e-mail, or other reasonable communications as determined
by Augusta.
Section 65: One Vehicle One Purqose
Under this Contract, each collection vehicle shall be designated to collect one (1) type of
material such as Garbage, Yard Waste, Recycling, or Bulky Waste. The collection
vehicle may not be allowed to switch commodities collected without the prior written
approval of Augusta.
Consideration will be given to Contractors wishing to:
1. Utilize multi-collection type vehicles.
2. Technology and/or processing advances.
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3. Bulky waste collections, as long as materials are acceptable at the appropriate
disposal site.
4. Improve utilization of assets.
5. Other considerations as may arise.
Any consideration request must be made in writing. Augusta's decision to the
consideration request shall be fmal and binding.
Section 70: DisposaWehicle Insuections and Permits
1. The Contractor is responsible for any and all fees associated with disposal
permits, inspection fees, truck stickers, etc. These pernuts shall be timely
obtained and/or posted and/or may be required by a solid waste disposal site, a
licensing authority, a government, by truck, by commodity or some other
item or combination.
2. The Augusta landfill will charge a one hundred dollar ($100) annual fee for
each disposal sticker required.
Section 75: Vehicle Specifications
1. On or before the Start Date of this Contract, all vehicles used in collections
shall be in good operating order. All collection equipment used under this
Contract shall meet all applicable state and federal safety standards.
2. Should a vehicle use a cart tipper/dumper, it shall be designed to empty carts
pursuant to ANSI Z245.60-1999 and ANSI Z245.30-1999. Cart
tippers/dumpers which do not meet this requirement shall not be used. If a
cart tipper/dumper is used that does not meet the above mentioned
specification, the Contractor shall be responsible for all damages to Carts to
include the cost of repair or replacement.
3. All collections vehicles used to perform functions under this Contract shall be
equipped with the following in complete and sound working order:
a. Ambient noise back-up alarm.
b. Back-up camera with monitor visible from any driving position.
c. A 10 pound fire extinguisher.
d. A first aid kit.
e. Minimum of three safety marking devices (flares, or reflective triangles).
f. A rear-mounted strobe light activated while collecting materials.
g. Spill kit of a size to handle operational spills.
4. All supervisors vehicles used to perform functions under the Contract shall be
equipped with the following in complete and sound working order:
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a. A 10 pound fire extinguisher.
b. A first aid kit.
c. Minimum of three safety marking devices (flares, or reflective triangles).
d. Spill kit of a size to handle operational spills.
Section 80: Ownershin of Equiument
1. All vehicles, facilities, equipment, and property used in the performance of
this Contract shall be wholly owned by the Contractor, provided, that leases,
conditional sales contracts, mortgages, or other agreements for the use or
financing the purchase of vehicles, facilities, equipment, and property may be
allowed with the prior written approval of Augusta.
2. No further encumbrance shall be placed upon any such vehicles, facilities,
equipment, and property without the prior written approval of Augusta.
Section 85: Asset Maintenance and Inventorv
The Contractor shall provide Augusta, prior to the Start Date, a complete inventory
showing property, buildings, key assets, and each vehicle (make, model, type, capacity,
age, commodity collected, truck number, and VIN) used for performing the Contract.
The Contractor may change equipment from time to time with the prior written approval
of Augusta, not to be unreasonably withheld. The Contractor shall maintain assets and a
vehicular fleet during the performance of the Contract at least equal substantially to that
described in the inventory.
Section 90: Traf�c Laws. Noise Control
All vehicles must operate in conformity with all federal, state and local laws, rules, or
ordinances related to traffic and noise control.
Section 95: Contractor's Of�ce
The Contractor shall maintain within fifteen (15) miles of Augusta, Georgia (Augusta-
Richmond County) an office with local telephone service and such staff as needed to
receive and respond to complaints, requests for missed collections, and other
coordination with citizens and Augusta staff. Phone service shall include phone lines and
voice mail adequate to handle the citizens' and Augusta's demand as reasonably
necessary, cable modem internet access or equivalent speed, as well as designated e-mail
account(s) to be used with this Contract. Any voice message or e-mail shall be responded
to/returned by the Contractor's office staff within sixty (60) minutes. Office hours shall
be 8:00 a.m. to 5:00 p.m., Monday through Friday. The office shall be open 8:00 a.m. to
noon any Saturday after a holiday, or on any Saturday that a regularly scheduled route is
operated. The Contractor shall also provide a local telephone number where the
Contractor may be contacted at any time by Augusta.
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Augusta, Georgia may, at reasonable times, inspect the Contractor's office for reasons
that are pertinent to the performance of this contract.
B. Collection Services
Section 100: Collection Area
The Contractor shall provide all collection services called for in this Contract within the
following area:
See Exhibit A for a general overview of the Collection Area(s), however;
Augusta will assign and the Contractor will retain their currently awarded/designated
Collection Areas. For Contractors utilizing subcontractors, the subcontractor(s)
Collection Areas/Sections may not be altered from their existing state without the prior
written approval of Augusta.
Augusta reserves the right to request and/or negotiate with the Contractors to
swap/exchange portions of Collection Areas throughout the life of this Contract.
Section 102: Davs of Collection
The Contractor shall make all collections on the days of Monday through Friday, or as
otherwise required by Augusta due to the nature of the services provided. Any deviations
to this shall have prior written approval from Augusta, and Augusta shall have the final
and sole decision.
Section 104: Garba�e Collection
Garbage shall be collected twice weekly on a set schedule:
1. The Contractor shall collect the following materials as Garbage: All
discarded waste, food, paper, glass, plastic, leather, textiles, cans, and/or other
materials normally associated with household waste.
2. The Contractor shall collect Garbage from designated Units which have been
placed in the appropriate Cart for collection.
3. The Contractor and Augusta may by mutual agreement establish other
reasonable specifications regulating the size, quantity, configuration, and
placement of Garbage eligible for collection.
4. The Contractor shall exercise good faith to ensure that Yard Waste and/or
Recycling materials which a customer has properly segegated are not placed
in the collection vehicle that collects Garbage. Intentional disposal of Yard
Waste and/or Recycling with Garbage shall be subject to Section 560 of this
Contract.
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5. The Contractor shall collect Garbage which is placed for collections that are in
accordance with this Contract. It shall be the Contractor's responsibility to
give notice to Augusta staff if it believes Garbage is not prepared and/or
located per the Contract specifications. Should the Contractor fail to notify
Augusta about a specific Unit(s) that it believes does not meet the conditions
of the first sentence of this paragraph than it shall be the Contractors
responsibility to collect all such Garbage from such Units(s) as if it was
disposed of properly pursuant to the terms of this Contract.
6. If Garbage is left uncollected, the Contractor will leave an explanation (red
tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 106: Yard Waste Collection
1. Yard Waste shall be collected once every week with the first Garbage
collection of the week for the same Units.
2. The Contractor shall collect the following materials as Yard Waste: plant
material (leaves, grass clippings, branches, brush, flowers, roots, wood waste,
etc.); debris commonly thrown away in the course of maintaining yards and
gardens, including sod; and biodegradable waste as approved by Augusta.
The Contractor shall not collect as Yard Waste loose soil, Garbage, food
waste, plastics, synthetic fibers, lumber, human or animal excrement, or soil
contaminated with hazardous substances.
3. The Contractor shall collect Yard Waste from designated Units which have
been placed in piles, bundles, marked, identified, or open top cans or in a kraft
paper bag not to exceed 32 gallons in capacity. The Contractor shall not
collect Yard Waste cans, kraft bags or bundles that are in excess of fifty (50)
pounds each. The Contractor shall not collect Yard Waste that has been
placed in plastic bags. Christmas trees will be eligible for collection as Yard
Waste, and are not required to meet the above stated standards so long as
lights and decorations have been removed.
4. The Contractor shall collect all Yard Waste with size limits of, not larger than
five (5) inches in diameter nor longer than five (5) feet, and stacked in piles
not to exceed five (5) feet in height, five (5) feet in width and 10 feet in depth.
5. The Contractor and Augusta may by mutual agreement establish other
reasonable specifications regulating the size, quantity, configuration, and
placement of Yard Waste eligible for collection.
6. The Contractor shall exercise good faith to ensure that non Yard Waste
materials are not placed in the collection vehicle. The Contractor shall not
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knowingly collect Yard Waste contaminated by fecal matter, unsegregated
Garbage, hazardous substances or other ineligible material.
7. The Contractor shall collect Yard Waste which is placed for collections that
are in accordance with this Contract. It shall be the Contractor's
responsibility to give notice to Augusta staff if it believes Yard Waste is not
prepared and/or located per the Contract specifications. Should the Contractor
fail to notify Augusta about a specific Unit(s) that it believes does not meet
the conditions of the first sentence of this paragraph than it shall be the
Contractors responsibility to collect all such Yard Waste from such Units(s) as
if it was disposed of properly pursuant to the terms of this Contract.
8. If Yard Waste is left uncollected, the Contractor will leave an explanation (red
tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 108: Recvcling Collection
1. Recyclables shall be collected once every week with the second Garbage
collection of the week for the same Units on a set schedule.
2. The Contractor shall collect the following materials as Recycling: paper,
cardboard, newspaper, plastic, aluminum, bi-metal, steel, tin, and other items
determined to be recyclable by Augusta.
3. The Contractor shall collect Recycling from designated Units which has been
placed in the appropriate Bin for collection.
4. The Contractor and Augusta may by mutual agreement establish reasonable
specifications regulating the size, quantity, configuration, and placement of
Recycling eligible for collection.
5. The Contractor shall use reasonable efforts to ensure that non-recyclable
materials are not placed in the collection vehicle. The Contractor shall not
knowingly collect Recycling containing unsegregated Garbage, Yard Waste,
hazardous substances or other ineligible material.
6. The Contractor shall collect Recycling which is placed for collections in
accordance with this Contract. It shall be the Contractor's responsibility to
give notice to Augusta staff if it believes Recycling is not prepared and/or
located per the Contract specifications. Should the Contractor fail to notify
Augusta about a specific Unit(s) that it believes does not meet the conditions
of the first sentence of this paragraph than it shall be the Contractors
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responsibility to collect all such Recycling from such Units(s) as if it was
disposed of properly pursuant to the terms of this Contract.
7. If Recycling is left uncollected, the Contractor will leave an explanation (red
tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Secfion 110: Bulkv Waste Collection
1. Bulky Waste shall be collected once every week with the second Garbage
collection of the week for the same Units on a set schedule.
2. Bulky Waste refers to furniture, appliances, tires, and other items too large to
be reasonably placed into a Cart as defined herein with a size limit of, not
longer than five (5) feet, and stacked in piles not to exceed five (5) feet in
height, five (5) feet in width and 10 feet in depth, or equivalent volume.
Construction debris shall be limited to an amount that is equal to 25% of the
allowable pile by volume.
3. The Contractor shall collect Bulky Waste from designated Units which have
been placed to the curb for collection.
4. The Contractor and Augusta may by mutual agreement establish reasonable
specifications regulating the size, quantity , configuration, and placement of
Bulky Waste eligible for collection.
5. The Contractor shall use reasonable efforts to ensure that non Bulky Waste
materials are not placed in the collection vehicle. The Contractor shall not
collect Bulky Waste containing unsegregated Garbage, Yard Waste,
hazardous substances or other ineligible material.
6. No more than two (2) tires shall be collected from any single Unit per
collection.
7. Prior to disposal of any item containing refrigerant, the Contractor shall have
had the refrigerant removed/properly recycled by a licensed company in
business to do such work. Such proof may be required by a disposal facility,
or Augusta.
The removal/properly recycling of refrigerant shall be at the sole cost of the
Contractor.
8. The Contractor shall collect Bulky Waste which is placed for collections that
are in accordance with this Contract. It shall be the Contractor's
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responsibility to give notice to Augusta staff if it believes Bulky Waste is not
prepared and/or located per the Contract specifications. Should the Contractor
fail to notify Augusta about a specific Unit(s) that it believes does not meet
the conditions of the first sentence of this paragraph than it shall be the
Contractors responsibility to collect all such Bulky Waste from such Units(s)
as if it was disposed of properly pursuant to the terms of this Contract.
9. If Bulky Waste is left uncollected, the Contractor will leave an explanation
(red tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 112: Additional Carts
l. The residents of the Contract Area may request one or more additional Carts
and/or Bins from the Contractor for an additional volume of collection.
2. The Contractor will be paid for extra Carts at the rate specified in Exhibit B.
3. All additional Carts and/or Bins must be approved by Augusta prior to being
delivered.
Section 114: Place of Collection
1. The normal collection point for Garbage, Yard Waste, Recycling and Bulky
Waste shall be at curbside or at the right of way. Special arrangements may
be made by both Augusta and the Contractor on a case-by-case basis to
accommodate extraordinary situations.
2. Augusta on a case-by-case basis may require alley collection. If alley
collection is required, Augusta will work reasonably with the Contractor and
the affected customer(s) to get all services to the alley to prevent collection
from both the alley and the street.
3. Augusta shall monitor any collection routes or a portion of a route on a regular
basis to determine if the Contractor is placing CartsBins back in their original
locations in a neat and orderly manner after collection. Carts/Bins shall be
carefully handled by the Contractor and shall be thoroughly emptied and left
substantially near to the location where it was found and standing upright
This wark shall be done in a sanitary manner and the Collector shall
immediately pick up any waste spilled by the Contractor.
4. The Contractor shall provide special service(s) for those individuals who are
unable to place their Carts/Bins out for collection in the usual manner due to
being Handicapped/Special Needs at a place mutually agreeable between
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Augusta and the Contractor. Any dispute over the correct placement for
individuals Handicapped/Special Needs will be fmally determined by
Augusta. In the event that the Contractor is to provide back door service, the
property owner must sign a waiver of liability and return it to the Contractor
and Augusta.
5. If it would appear to a reasonable person that the Contractor is not placing
Carts/Bins back substantially near their original locations in a neat and orderly
manner, the Carts/Bins upright, and thoroughly emptied then the Contractor
could face damages as stated in Section 560 Liquidated Damages.
Section 116: Collection from Additional Locations
Augusta may add additional collection points within the Collection Area at its sole
option. This could include items such as Augusta Cans, Bus Stops, Businesses, Augusta
Buildings, or any other locations as directed by Augusta.
Areas of Augusta that were not included in the awarded Collection Area's may be added
to an awarded Collection Area at a later date.
Should services be required that are not called for in this Contract, the Contractor and
Augusta may negotiate to provide said services at a negotiated service level and cost.
Section 120: Force Maieure Clean Un
1. The trigger event for this section shall be when the following items are all
met:
a. Augusta enacts the Emergency Management Center and;
b. The Contractor is asked to provide services above and beyond the services
normally provided for by this Contract.
2. In the event of a Force Majeure that requires clean up, Augusta must make all
requests in writing. The Contractor shall have twenty-four (24) hours after
receipt of written notice to start the clean-up project unless Contractor can
demonstrate the timeline is unreasonable and shall finish such project within a
reasonable time.
3. The Contractor will be paid at the rate(s) specified in E�ibit C of this
Contract.
4. Under this provision, Augusta may alter the specifications of the Garbage,
Recycling, Yard Waste, and Bulky Waste to fit the needs of the situation.
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5. Augusta at its sole option may authorize the Contractor to temporarily
discontinue one type of service to provide additional resources to other service
types.
6. The Contractor shall document the resources used, time to collect, volume
and/or weight, or other statistical data as requested for each assigned project
as requested by Augusta.
7. To establish "normal volumes", Augusta will average the previous three (3)
months tonnages hauled for the specific commodities prior to the event. Then
subtract that from the total Force Majeure Clean Up volumes for each month
of the clean up. This will determine the additional volumes collected, and the
monthly event tonnage that will be paid for the monthly amounts above the
three prior month's average.
8. Should Augusta decide to discontinue one type of service and replace it with
another; the discontinued services average volumes for the previous three (3)
months will be deducted from the Force Majeure volumes to accurately reflect
the increased volumes due to the event.
Section 122: Eviction, Vacant Lot, Suecial Clean-up
1. Augusta may require the Contractor to collect from an eviction. If the
materials are not in compliance with other provisions of this Contract the
Contractor will be paid at the rate specified in Appendix D of this Contract.
2. Augusta may require the Contractor to collect from a vacant lot. If the
Contractor collects waste from a vacant lot, the Contractor will be paid at the
rate specified in Appendix D of this Contract.
3. Augusta may require the Contractor to collect waste from a property as a
special clean-up. If the Contractor collects waste under this provision, the
Contractor will be paid at the rate specified in Appendix D of this Contract.
4. All materials under this section will be placed to the curb for collection.
5. Augusta shall make all requests in writing under this section. The Contractor
shall have twenty-four (24) hours from receiving the request to collect said
materials.
6. The Contractor shall document the resources used, time to collect, volume
and/or weight, or other statistical data as requested for each assigned project
as requested by Augusta.
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Section 124: Augusta Clean-uu Events
During the term hereof, Contractor shall provide the following Clean-up events at no
additional charges:
1. Masters Event — In the full week preceding, during and after the Masters Golf
Tournament, an unlimited amount of Garbage shall be collected so long as the
following is met:
a. Garbage shall be placed in boxes, bags, cans or other means to properly
secure it from blowing away prior to collection, and shall not exceed fifty
(50) pounds in weight per box, bag, can, etc.
Section 126: Time of Collection
The Contractor shall make collections between 6:00 a.m. and 6:00 p.m. Monday through
Friday, and 6:00 a.m. to 12:00 p.m. on Saturday if a route is run on that day unless
Augusta authorizes an extension of hours. Such authorizations must be in writing and be
prior to any extended hours of operation.
An additional extension of hours will be granted on the Saturday following a holiday that
is acknowledged in the Contract (Section 138). Those collection hours shall be 6:00 am
to 6:00 p.m.
Section 128: Scheduling of Collection
1. For collection of Garbage, the Contractor shall divide the Collection Area into
two reasonably equal collection sectors, with one sector to be collected each
Monday and Thursday, and the other sector collected each Tuesday and
Friday.
2. The two collection sectors shall be bounded by natural boundaries, such as
bodies of water, major highways or arterials when at all possible. Any
boundaries that are on secondary or residential roads shall be divided on the
back of property lines to ensure both sides of the street are collected on the
same day and route. Collections shall be made from Units on a regular
schedule on the same day at approximately the same time.
3. Not less than thirty (30) days prior to the start date of this Contract, the
Contractor shall supply Augusta with a map of the Collection Area showing
the day(s) of the week for which Garbage, Yard Waste, Recycling and Bulky
Waste shall be collected from each sector. Each sector shall be labeled with
the day of collection. A second map shall be created for each sector that shall
include route boundaries, route numbers, and the truck numbers that will
normally collect the route for each commodity/service. Maps must be
generated in a format acceptable to Augusta. Maps must be defined well
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enough, with enough detail, that Augusta staff may electronically recreate said
maps.
4. At least thirty (30) days prior to the start date, the Contractor will notify all
Units by direct mail or door hanger, to the service address, of the collection
day(s) services will be performed. Notifications shall be in a pre-approved
format.
5. Should the Contractor wish to alter routes or days of collection, the Contractor
shall provide Augusta at least twenty one (21) days' notice. Any customers
affected by a day change must be notified at least seven (7) days prior to the
change via direct mail or door hanger to the service address, and all changes
will be made in the first full week of a month. The Contractor shall provide
Augusta an electronic listing of the changes at least seven (7) days prior to the
date of the change. The form of notice to the customer shall be subject to the
approval of Augusta
6. Augusta shall have the opportunity to review and approve any and all routes,
day of collection changes or any other changes effecting service and
schedules. All requests to alter the current service or schedule shall be made
in writing. After approval and before implementation, Augusta shall receive
updated maps of the Collection Area indicating the changes in service and/or
schedule at a level equal to those listed above.
Section 130: Work on Augusta Pronerty
The Contractor will ensure that its employees shall, whenever on Augusta's property,
obey all instructions and directions issued by Augusta to include posted signs. The
Contractor agrees that its personnel and the personnel of its subcontractors will comply
with all rules, regulations and security procedures of Augusta when on Augusta property.
Section 132: Disuosal and Recvcling Locations
1. The Contractor shall deliver all Garbage collected under this Contract to
Augusta's Landfill located at 4330 Deans Bridge Road, Blythe, Georgia
30805, or such other locations as Augusta may designate, and shall deposit the
material collected in the manner directed.
2. The Contractor shall deliver all Yard Waste collected under this Contract to
Augusta's Landfill located at 4330 Deans Bridge Road, Blythe, Georgia
30805, or such other locations as Augusta may designate, and shall deposit the
material collected in the manner directed.
3. The Contractor shall deliver all Recycling collected under this Contract to
Augusta's Landfill located at 4330 Deans Bridge Road, Blythe, Georgia
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30805, or such other locations as Augusta may designate, and shall deposit the
material collected in the manner directed.
4. The Contractor shall deliver all Bulky Waste collected under this Contract to
Augusta's Landfill located at 4330 Deans Bridge Road, Blythe, Georgia
30805, or such other locations as Augusta may designate, and shall deposit the
material collected in the manner directed.
5. All items collected and required to go to Augusta's Landfill shall be delivered
Monday through Friday by 5:00 p.m. and Saturday by 12:00 p.m.
6. No disposal fees shall be charged for disposal of Garbage, Yard Waste,
Recycling or Bulky Waste. Augusta shall bear all cost(s) associated with
disposal.
7. Augusta has the right from time to time to change the hours of operation at
Augusta's Landfill.
8. Augusta has the right from time to time to change the disposal facility for any
given commodity which may have different hours of operation than the
current disposal facility.
9. Should Augusta elect to change the disposal facility/location, which causes a
significant cost increase to the Contractor, the Contractor may petition
Augusta for an equitable adjustment. If the change in the disposal
facility/location causes a significant cost decrease to the Contractor, Augusta
may petition the Contractor for an equitable adjustment.
10. The Contractor shall require that all personnel who exit any vehicle at the
Landfill or other disposal facility must wear a"hard hat" at all times and high
visibility clothing as set fourth in Section: 220.
11. Any time that materials are not disposed of at the Landfill located at 4330
Deans Bridge Road, Blythe, Georgia 30805, documentation of disposal will
be required. Documentation needs will be set by Augusta but could include
items such as yardage, tonnage, date, time, ticket number, copies of tickets,
etc.
Section 134: Ownership of Materials Collected
Collected Garbage, Yard Waste, Recycling, and Bulky Waste shall be the property of the
Contractor until the collected Garbage, Yard Waste, Recycling, and Bulky Waste is
disposed of at the assigned disposal facility. Once materials are disposed of at the
assigned disposal facility, the materials collected shall be the property of Augusta or
owner of said disposal facility, subject to the right of a customer to claim lost property of
value.
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Section 136: Scavenging
No "scavenging" by the Contractor, Subcontractor(s) or any of their employees shall be
allowed. Scavenging means sorting through Garbage, Yard Waste, Recycling, or Bulky
Waste while collecting, looking for items of possible value or picking out individual
pieces for reuse while loading or unloading. Scavenging excludes searches by the
original owners for valuables accidentally misplaced or that may be lost.
Section 138: Holidav Schedule
The Contractor shall provide collection services on all legal holidays except New Years
Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. Material
regularly scheduled to be collected Thanksgiving Day shall be collected on Friday, the
day after Thanksgiving. Friday's material shall be collected on Saturday. If Christmas,
New Years Day, Memorial Day, Fourth of July, or Labor Day falls on a regularly
scheduled workday, collections will be delayed one day and Friday's materials shall be
collected on Saturday. Should a holiday fall on a Saturday or Sunday, no adjustments
will be made. Waste will be collected on the regular schedule on the following week.
The Holiday Schedule may be amended from time to time, to meet the needs or wishes of
Augusta.
Section 140: Service Disruptions Due to Weather
Service disruptions due to weather shall occur when one (1) or more of the following
events have occurred.
1. Augusta closes for a weather related issue.
2. Augusta notifies the Contractor of Augusta's wish to have the Contractor
suspend services for weather related issues.
3. The Contractor notifies Augusta of the Contractors wishes to suspend services
for weather related issues. Augusta shall reasonably evaluate the situation,
and make a determination of such conditions.
When snow or ice or other weather conditions prevent collection on the scheduled day,
the Contractor shall make collection on the next weekday. If such conditions continue
for a second consecutive day or more, the Contractor shall, on the first day that regular
service to a customer resumes, collect all the materials that the customer is authorized to
ha�e, i.e. if one collection day is missed and the customer is on 95 gallon service, the
Contractor shall collect 190 gallons of material. On the day that collections resume, the
Contractor shall take bags, boxes, and other secure wrappers, and shall empty temporary
receptacles that customers have used when the collection Carts/Bins have been filled.
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Section 142: Service Disruptions — Non Weather
A number of collection impediments may require special efforts to accomplish collection
under this Contract.
1. On-Street Parking
Certain neighborhood streets allow "on-street parking" which may present
impediments to curbside collection services. The Contractor shall perform
collection services even if the curb is blocked.
2. Blocked Streets/Renovations/Construction
When closure of roadways providing access, blocked streets or other
disruption beyond the Contractor's control prevents timely collection on the
scheduled day, the Contractor shall attempt collection later on that collection
day. If collection is still not possible, the Contractor must notify Augusta
prior to 4:30 p.m. on the day of service. The Contractor must provide to
Augusta the reason collection was unachievable and the Unit(s) block range,
street name, as well as the times that collections were attempted. If collection
was not possible, the Contractor shall provide service on the next business
day.
Section 144: Missed and Make-up Collections
1. Should the Contractor fail to make a collection on a scheduled day for causes
within the Contractor's control, the Contractor shall make a special make-up
collection by the end of the same business day, if notification of the missed
collection is received by noon that business day, if notification is received
after noon, a make-up collection shall be scheduled for the following business
day with collection of the miss to be completed by noon. For the purpose of
Section 144, the "business day" includes Saturday.
2. Notwithstanding the foregoing, Augusta may require the Contractor to do the
following:
a. Authorize the Contractor to defer the collection and authorize the
customer to place a proportionally larger amount of waste on such
customers next scheduled collection day, and to accommodate such
disposal, the Contractor shall take bags, boxes, and other secure wrappers,
and shall empty temporary receptacles that customers have used when the
collection Carts and/or Bins have been filled.
3. It shall be a defense to a missed collection that the customer had not made
timely placement of his or her waste out for collection; that placement did not
comply with provisions of this Contract, or that materials collected did not
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comply with provisions within this Contract, provided that the Contractor
shall have left an approved printed tag (red tag) on all material left because it
was not properly prepared, it was overweight, or for other reasons. If
Garbage, Yard Waste, Recycling or Bulky Waste is left uncollected, the
Contractar will leave an explanation (red tag) to help the customer correct the
problem and avoid it in the future. Should the Contractor fail to leave a red
tag for the customer, it shall be the Contractors responsibility to collect all
such wastes left behind as if it was disposed of properly pursuant to the terms
of this Contract.
4. Should the customer have failed as outlined above, Augusta may require the
Contractor to do the following, provided that the customer has resolved said
issue:
a. Authorize the Contractor to collect and authorize the customer to place a
proportionally larger amount of waste on such customers next scheduled
collection day, and to accommodate such disposal, the Contractor shall
take bags, boxes, and other secure wrappers, and shall empty temporary
receptacles that customers have used when the collection Carts and/or
Bins have been filled. This provision shall exclude Yard Waste and Bulky
Waste.
5. The Contractor, no later than 10:00 a.m. the next business day, must notify
Augusta of any collections the Contractor has refused or been unable to make
the previous day. It shall include the address, time of attempted collection,
and reason for non-collection. This list shall be referred to as the Exception
List "EL".
6. If Augusta transmits a"miss" complaint to the Contractor which is on the EL,
and it is a miss which the Contractor should not collect due to the fact that the
material is overweight or contains material that should not be collected and a
red tag was properly left, the Contractor shall note on the miss that the address
is on the EL and note the reason that is was not collected and return the miss
complaint to Augusta within two (2) business hours of its receipt, and the miss
shall not be collected.
7. All miss complaints transmitted to the Contractor on Friday must be collected
by noon on Saturday. If it appears to Augusta that the Contractor is not
collecting these misses by noon Saturday, Augusta has the option of
contracting with another collection firm to collect these misses. The cost of
this option will be deducted from the Contractor's payment.
8. This section applies to omitted collections of a single Unit, a row of Units
and/or an entire route.
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9. Failure to comply with the above stated provisions shall have Liquidated
Damages as stipulated in Section 560.
Section 146: Minimum Cart/Bin Percentage
The Contractor shall keep a minimum inventory of one half of one percent ('/2%) of each
size Cart and Bin used under with this Contract.
Section 148: Cart/Bin Replacement Cost
Augusta shall ha�e the right to charge the Contractor for the cost of repair or replacement
of Carts and/or Bins which are owned by Augusta, if such repair or replacement is
required as a result of abuse or damage caused by the Contractor. Augusta shall have
additional rights to charge the Contractor for the cost of replacement Carts and/or Bins, if
such replacement is required as a result of fire or theft caused by the Contractor, or
on/from Contractors property .
A list of lost, damaged, destroyed, or stolen CartsBins will be provided to Augusta with
the Monthly Report so Augusta may bill the appropriate party. The Contractor is
responsible for all repairs to CartsBins. Any damaged Bins that can not be repaired by
the Contractor shall be returned to Augusta.
Section 150: Delinquent and Closed Accounts
The Contractor shall discontinue any and/or all collection services at any Unit(s) as set
forth in a written notice sent by Augusta. Upon further written notification by Augusta,
the Contractor shall resume any and/or all collections on the next regularly scheduled
collection day.
Section 152: Meetin�s and Communication
In order to minimize problems during implementation of the Contract, to provide a forum
for discussing and resolving any operational questions or issues that may arise, and for
updating the Operations Plan the parties agree to meet on a regular basis as follows:
1. The period from the date the Contract is awarded until six months after the
actual collection services begin (or such earlier date as may be mutually
agreed to by the parties) shall be referred to as the "Implementation Phase".
During the implementation phase, meetings shall be held between
representatives of the parties on a weekly basis, or on such more or less
frequent basis as may be mutually agreed. The primary purpose of such
meetings shall be to develop and/or refine the Operations Plan, to evaluate the
Contractor's performance in implementing the Contract, to evaluate Cart and
Bin delivery progress or problems, to air and seek resolution of complaints, to
discuss any actual or perceived problems with service, and to discuss
promotion, public information and public relations.
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2. After the Implementation Phase, meetings shall be held at least on a quarterly
basis, unless otherwise mutually agreed to, between representatives of the
parties. Such meetings shall be held for the purpose of reviewing and
discussing day to day operations, promotion, public information, and public
relations.
3. Meetings shall be held at the offices of Augusta unless otherwise agreed.
Each party shall be available for at least 90 minutes per meeting, unless
otherwise agreed in advance. Meetings shall be held during normal business
hours.
Section 154: Program Information
The Contractor shall deliver informational packets and/or door hangers to each service
address up to two (2) times per year at the discretion of Augusta. The literature for said
information will be generated by Augusta.
C. Manner of Collection
Section 200: Contractor's Responsibilities
The Contractor shall be responsible for furnishing all labor, materials, equipment, and
supervision necessary to perform the collection, processing, and other items described in
this Contract.
Section 210: Emplovee Conduct
1. The Contractor is responsible for providing supervision necessary to ensure
that collection employees are courteous, exercise due care, do their work
without delay, minimize noise, avoid damage to private property, close and
relock all gates and doors that they open, and if on private property, follow the
regular pedestrian walkways and paths, and not cross flower beds, lawns or
through hedges. While collecting, employees shall wear or carry
identification supplied by the Contractor. The identification shall be subject
to approval of Augusta.
2. When Augusta identifies unsatisfactory conduct by an employee and the
Augusta notifies the Contractor of such conduct, the Contractor shall take
remedial action. The remedial action shall be appropriate to the level of
unsatisfactory conduct, provided that if Augusta requests of the Contractor
that an employee be suspended from further work on the Contract for
unsatisfactory conduct, the Contractor will permanently remove the employee
from further work on the Contract.
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3. The Contractor will notify Augusta of remedial action taken in its monthly
reports.
4. Augusta will cooperate with the Contractor by supplying to the Contractor the
names and contact information, when known, of the complainant as well as
known witnesses.
5. Through the process identified above, Augusta will have the sole right to
require the removal and replacement of such employee(s) by the Contractor
and/or subcontractors. Augusta shall exercise such right by providing written
notice to the Contractor via U.S. Mail, fax or email. Such notice will include
Augusta's reason for the request.
6. The Contractor will replace any personnel who separate from Contractors
employment with equivalently qualified persons. The Contractor will replace
such personnel as soon as reasonably possible, and in any event within thirty
(30) days after the Contractor receives notice that an employee will be
leaving.
7. The term "personnel" shall include all staff provided by the Contractor or its
subcontractors who have worked or perform services under this Contract.
Section 220: Emplovee Uniforms
1. Employees who perform collections or who supervise collection activities
shall wear a uniform. Uniforms shall be of similar type and color for
collections employees. Supervisors shall have some differing uniform
characteristic to identify such authority (such as a different color shirt or
notation on their name badge).
2. The uniform shirt shall be worn buttoned up within one button of the top
button and tucked into the pants/shorts. The shirts must be kept in a clean
professional manner. Shirts must remain free from rips, holes and stains. T-
Shirts are allowed, so long as they meet all other Contract provisions. Tank
tops and sleeveless shirts. are not allowed.
3. The uniform must comply with a minimum standard of the American National
Standards Institute "ANSI" class II requirements for visibility. Should the
Contractor elect a uniform that does not meet this criteria, then a high
visibility alternative (such as a vest) meeting the minimum standard of ANSI
class II shall be worn at all times while collecting and disposing of materials
under this Contract.
4. The uniform pants/shorts shall be worn above the hips and should have a
length not less than one (1) inch above the knees. Pants/shorts must be kept in
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a clean professional manner. Pants/Shorts must remain free from rips, holes
and stains. All pants/shorts must be hemmed and have a finished look.
5. The uniform outerwear must comply with a minimum standard of ANSI class
II requirements for visibility. Should the Contractor elect outerwear that does
not meet this criteria, then a high visibility alternative (such as a vest) meeting
the minimum standard of ANSI class II shall be worn at all times while
collecting and disposing of materials under this Contract.
6. All uniform shirts and outerwear shall have the company name placed in a
conspicuous place. In addition, supervisors shall have the word "supervisor"
placed in a conspicuous place.
Section 230: S ip llage
1. The Contractor shall pick up any material scattered or spilled during
collection by the Contractor and clean up the area affected within three (3)
hours of notification of the incident. Each truck shall carry equipment (such
as a broom, shovel spill kit, etc) for this purpose.
2. The Contractor shall immediately, or within one (1) hour of notification,
commence clean up of any paint, hydraulic, transmission, or other oil spill, or
commence clean up of any spillage which creates a hazardous condition (such
as spillage involving glass). For any hazardous spill, the Contractor must
notify Augusta immediately.
3. Failure to comply with these requirements is subject to Section 560
Liquidated Damages.
Section 240: Dama�e Claims
1. The Contractor shall be responsible for any damages to real property, personal
property and personal injury to the extent caused by negligent or willful acts
or omissions and is caused in whole or in part by the Contractor, its
employees, agents, or subcontractors in performing work under this Contract.
2. The Contractor shall notify Augusta immediately of any damages and/or
damage claims as set forth in the section above, and shall indemnify and hold
harmless Augusta for same. Written notice of any damages and/or damage
claims shall be provided to Augusta within two (2) days, and shall include the
name, address, telephone number, description of incident, witness information
and the description of the remedy. The Contractor shall actively work to
resolve the claim timely, timely shall mean within ten (10) working days after
the Contractor has received notice of damages. Claims shall be resolved
within thirty (30) days. For extenuating circumstances, upon written request
from the Contractor, Augusta at its sole option may extend the above
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mentioned time period. If the damage claim is deemed as Contractors
responsibility by law enforcement, their designee, or independent
individuaUorganization trained to investigate such items and is not resolved
within the applicable period, Augusta may take any action it deems necessary
to make the injured party whole and deduct the same from amounts due the
Contractor.
Section 250: Customer Grievances
The Contractor will designate a representative to adjudicate customer grievances. At
Augusta's request, the representative will join Augusta in meeting with an aggrieved
customer within 24 hours of notification to resolve a complaint about spillage, a refusal
to serve or a missed pick-up and/or other deficiency in service or a need for
handicapped/special service or other specific Contract provisions.
D. Reporting/Information Requirements
Section 300: Report/Information Suecifications
Throughout the life of this Contract a series of reports and information will be required
by the Contractor. These reports and information are called for throughout the Contract.
Augusta reserves the right to dictate format, style and to the extent possible,
standardization of all reports and information required under this Contract. Augusta may
require reports in hard copy andlor electronic copy for any and all reports. Listed below
is a guide to some of the reports/information included in this Contract. This list may not
be inclusive of the reports or information required by the Contractor under this Contract.
Augusta further reserves the right to alter the reporting requirements from time to time.
1. LSBOP Utilization Reports- (Section 47)
2. Spare vehicle utilization —(Section 62)
3. Asset Inventory List (Section 85)
4. Handicapped/Special Needs — as needed (Section 114)
5. Force Majeure Clean-Up — as needed (Section 120)
6. Eviction, Vacant Lot, Special Clean-Up — as needed (Section 122)
7. Disposal and Recycling — as needed (Section 132)
8. Service Disruption — as needed (Section 142)
9. Red tag, not out, etc. — daily (Section 144)
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10. Lost and/or Damaged Carts (Section 148 and 150)
11. Employee remedial action —(Section 210)
12. Damage Claims — (Section 240)
13. Service increase/decrease — (Section 410)
14. CPI increase — (Section 430)
15. Equal Employment —(Section 600 and 610)
E. Compensation
Section 400: Pavment for Collection Services
1. Augusta shall pay the Contractor monthly for all collection services under this
Contract. Payment shall be based on the number of Units collected that are
receiving Garbage service in the Contract Area.
2. A Unit will be "billable" in the current month if the Unit starts services on the
ls through the 14�` day of the month. The Unit will be "billable" the
following month if the Unit starts services on the 15`� through the 31 St day of
the month.
3. Should a Unit sit vacant/idle, and no service rendered for a full month, then
that Unit shall not be "billable" and should be removed from the Contractors
monthly invoice and service list.
4. Augusta shall deduct any assessments due from the payment owed to the
Contractor.
5. Augusta shall add additional moneys owed for additional services provided
for under this Contract.
6. There shall be no contingent fees allowed under this contract.
Section 410: Pavment Procedure
1. The Contractar shall maintain a service unit listing with at least 99%
accuracy.
2. The Contractor shall identify any changes to the service unit listing, either
increases or decreases to the department monthly when submitting an invoice.
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3. The Contractar shall submit a monthly invoice to Augusta within five (5)
business days from the end of the month. The invoice shall be for services
performed in the previous month at a Unit Price for that period of the Contract
as outlined in Exhibits B, C, and D, as well as Section 400 and other
provisions in this Contract.
4. The Contractor shall submit a monthly list of all service increases or decreases
to the number of Units as defined by this Contract along with the above stated
invoice. The Contractor is required to supply the date the Unit went into
service, the address of the Unit, and any Cart/Bin numbers. The net difference
will either be added to or subtracted from the prior months final Unit count.
5. Augusta shall pay the Contractor within thirty (30) days of receipt of an
undisputed invoice.
6. Payment requests shall be accompanied by:
a. Data supporting the payment request to include a Unit list with name,
service address and Cart/Bin number(s) as necessary to substantiate the
Contractors right to remittance of the amounts invoiced.
b. Certification from the Contractor that it has fully and properly performed
all items of the work covered by the payment request, that all insurance
and bonds required are in full force and in effect, and all subcontractors
and suppliers have been paid from previous requests, and that the
Contractor is not in default of any provision of the Contract.
c. Certification from the Contractor that it has fully and properly met all
obligations under the reporting requirements sections of the Contract, and
has done so fully and honestly.
d. Payment for services will not be paid until the above mentioned items
have been received.
7. Should Augusta dispute any portion of the invoice, it shall within thirty (30)
days of receipt of the invoice, provide the Contractor with a detailed itemized
list of such objections.
8. Augusta shall have the right to take corrective measures for any defective
pricing. These corrective measures may include, but are not limited to making
necessary revisions to this Contract or providing an addendum to this Contract
to address the issue of defective pricing.
9. The terms of this contract supersede any and all provisions of the Georgia
Prompt Pay Act.
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Section 420: Contract Unit Price
See Exhibit B.
Section 430: Adiustments
1. CPI Adjustment
a. The Contractor shall be entitled to one hundred percent (100%) of the
actual percentage change in the CPI (as hereinafter defined).
b. The "CPI". Means the Consumer Price Index for All Urban Consumers
("CPI-U"), Atlanta, Georgia — Atlanta, Georgia, All Items, 1982-1984
equals 100, published by the United States Department of Labor, Bureau
of Labor Statistics ("BLS"), or its successor. If BLS designates an index
with a nes title or code number or table number as being the continuation
of the index cited above, the new index will be used, or if no new index is
designated, the most nearly compatible index shall be used.
2. General conditions for adjustments.
a. The CPI Index percentage change will be determined from January 1 St to
December 31 of the previous year, with an implementation of the
increase on June 1 St , and every June 1 St thereafter with the first increase
starting in June of 2012.
b. The Contractor must notify the County in writing by March 31 St of each
year, of the amount and percentage of any rate adjustment allowed under
this section. If timely notice is not received by the County, no increase
will be allowed for that year.
c. In any event, the adjustment will be limited to a maximum increase or
decrease of four percent (4%) annually.
Section 440: Wage Increases for Emulovees
All wage increases for collectors or any other employees of the Contractor granted during
the term of this Contract shall be the sole responsibility of the Contractor. Any benefits
or added costs resulting from changes in technology, laws and regulations, labor
practices, availability of equipment, and other foreseeable business risks that may affect
the performance of this Contract shall be the Contractor's advantage or expense
respectively, except noted herein.
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Section 450: Withholdin� and Pavment of Tax Liens and Judgments
Augusta may withhold and pay to the United States of America or to any federal court, or
the State of Georgia or any state court, the amount claimed in a levy filed by the United
States Internal Revenue Service or the Georgia State Department of Revenue,
respectively, the amount directed by a writ of garnishment, writ of attachment, or writ of
execution or by an order of a Bankruptcy Court, and/or by any court order, each for
monies claimed from the Contractor. When presenting such an order, Augusta may in its
discretion institute interpleading proceedings. Augusta may make a payment in
conjunction with the interpleaded action to the appropriate court. Payments so made or
deposited into the registry of the court shall be satisfaction of payment due to the
Contractor.
F. Security, Liability, Damages
Section 500: Pavment Bond
1. The Contractor shall furnish Augusta a bond with a corporate surety
acceptable to Augusta in the amount equal to fifteen (15%) of the annual
Contract amount. The bond shall be valid and non-cancelable for a period not
less than six (6) months and the Contractor shall provide a new bond, or
evidence satisfactory to Augusta of the renew ability of the current bond at
least forty five (45) calendar days before it expires.
2. The bond shall be for the use and benefit of Augusta, with a surety company
authorized to do business in the State of Georgia and acceptable to Augusta.
Said bond shall be conditioned that should such Contractor faithfully pay all
laborers, mechanics, subcontractors, material men, and all persons who shall
supply such Contractor or subcontractors with provisions and supplies for the
performance of this Contract, said bond shall be null and void and shall be
further conditioned that any person(s) performing such work or services, said
bond shall contain appropriate recitations that it is issued pursuant to this
Contract.
Section 510: Performance Bond
1. The Contractor shall furnish Augusta a bond with a corporate surety
acceptable to Augusta in the amount equal fifteen percent (15%) of the annual
Contract amount. The bond shall be valid and non-cancelable for a period not
less than six (6) months and the Contractor shall provide a new bond, or
evidence satisfactory to Augusta of the renew ability of the current bond at
least forty five (45) calendar days before it expires.
2. The bond shall be for the use and benefit of Augusta, with a surety company
authorized to do business in the State of Georgia and acceptable to Augusta.
Said bond shall be conditioned that should such Contractor faithfully perform
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each and every term, condition, and provision of this Contract, said bond shall
be null and void and shall be further conditioned that any person(s)
performing such work or services, said bond shall contain appropriate
recitations that it is issued pursuant to this Contract.
Section 520: Default of Contractor
1. This section is independent, notwithstanding any other provisions of this
Contract. The Contractor may be held in default of the Contract in the event
the Contractor:
a. Fails to perform ninety percent (90%) of the collections required by this
Contract and appears, to Augusta, to have abandoned the work, or to be
unable to resume collections within forty-eight (48) hours.
b. Has failed on any occasion of two (2) consecutive working days, in any
year, or ten (10) days in a calendar year to perform the collections required
by the Contract; except as provided in Section 140.
c. Fails to comply with the terms of Section 600 through 640 upon written
notice by Augusta with 15 days to cure. Said cure period will only apply
to the first offense of similar offenses.
d. Fails to furnish and maintain a Performance and/or Payment Bond per
Section 500 and 510.
e. Fails to furnish and maintain the Insurance requirements per Section 540.
f. Fails to be granted and/or receive prior written approval of a change of
control or other provision as defined in Section 875.
g. Fails to provide LSBOP Utilization Reports as required by Section 47.
h. Repeatedly neglects, fails, or refuses to comply with any of the terms of
the Contract, after having received notice of its obligation to do so.
2. To initiate proceedings under this Section, Augusta shall give notice to the
Contractor and its surety. Within 7 days, Contractor may demand a hearing at
which the Contractor may show cause why it should not be declared in default
or why it should be given the opportunity to cure said default. In the event the
Contractor fails to show, to the reasonable satisfaction of Augusta, why the
Contractor should not be declared to be in default of this Contract, Augusta
may make a declaration of default. In evaluating whether to make such a
declaration of default, Augusta shall, in its discretion, consider the severity of
the alleged violations, and the overall performance of the Contractor under the
Contract.
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3. In declaring the Contractor to have defaulted on the Contract, Augusta also
may order the Contractor to discontinue further performance of work under
the Contract and transfer the obligation to perform such work from the
Contractor to the surety on the Contractor's performance bond and take any
other action it deems advisable.
4. In the event Augusta secures the performance of work under the Contract at a
lesser cost than would have been payable to the Contractor had the Contractor
performed the same, then Augusta shall retain such difference; but in the
event such cost to Augusta is greater, the Contractor and its surety shall be
liable for and pay the amount of such excess to Augusta.
5. All payments due the Contractor at the time of default, less amounts due
Augusta from the Contractor, shall be applied by Augusta against damages
suffered and expense incurred by Augusta to reason of such default, any
excess shall be paid to the Contractor unless otherwise provided herein.
6. Notwithstanding the provisions of this Section, a delay or interruption in the
performance of all or any part of the Contract resulting from causes beyond
the Contractor's control, as defined in section 880, shall not be deemed to be a
default and the rights and remedies of Augusta provided for herein shall be
inapplicable; provided that all labor disputes as defined in section 880 hereof
shall not be considered a cause beyond the Contractor's control as defined in
section 880.
Section 530: Commitment of Equiqment
1. Unless a replacement or substitute is provided, all vehicles, facilities,
equipment and property identified in the Contractor's inventory under Section
85 for use in the performance of this Contract (called "such property") shall
be available for use in collecting Garbage, Yard Waste, Recycling, and Bulky
Waste. When provided, this Section applies to the replacement and substitute.
Section 540: Insurance
1. Contractor shall at all times during the term of this Contract, obtain and
maintain continuously, at its own expense, and file with Augusta evidence of a
policy or policies of insurance as enumerated below, which name Augusta as
an additional insured:
2. A policy of Commercial General Liability Insurance, written on an insurance
industry standard occurrence form, including the following coverage's:
a. Premises/Operations Liability
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b. Products/Completed Operations Liability
c. PersonaUAdvertising Injury
d. Contractual Liability
e. Independent Contractors Liability
f. Stop Gap/Employers Contingent Liability
g. Explosion, Collapse, or Underground (XCU)
h Fire Damage
3. Such Policy(ies) must provide the following minimum limits:
a. Bodily Injury and Property Damage
b. $2,000,000 General Aggregate
c. $2,000,000 Products & Complete Operations Aggegate
d. $1,000,000 Personal & Advertising Injury
e. $250,000 Fire Damage
4. Stop Gap Employers Liability:
a. $1,000,000 Each Accident
b. $1,000,000 Disease — Policy Limit
c. $1,000,000 Disease — Each Employee
5. A policy of Business Automobile Liability including coverage for owned,
non-owned, leased or hired vehicles written on an insurance industry standard
form or equivalent.
Such policy(ies) must provide the following minimum limit:
a. Bodily Injury and Property Damage
b. $1,000,000 Per Person
c. $2,000,000 Per Occurrence
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6. A policy of Workers Compensation Insurance. With respects to Workers
Compensation insurance in the State of Georgia, the Contractor shall secure
its liability for industrial injury to its employees in accordance with the
, provisions of § 34-9-1 et seq, Official Code of Geor�ia Annotated.
Such policy must provide the following minimum limits:
a. Statutory coverage for injuries and occupational disease.
b. $1,000,000 Employer's Liability.
7. Any deductible or self-insured retention must be disclosed and is subject to
approval by Augusta. The cost of any claim payrnents falling within the
deductible shall be the responsibility of the Contractor.
8. If any such policy is written on a"Claims Made" form, the retroactive date
shall be prior to or coincident with the Start Date of this Contract. The policy
shall state the coverage is "Claims Made", and state the retroactive date.
Claims made from coverage shall be maintained by Contractor for a minimum
of two years following the expiration or earlier termination of this Contract,
and Contractor shall annually provide Augusta with proof of renewal. If
renewal of the claims made form of coverage becomes unavailable, or
economically prohibitive, Contractor shall purchase an extended reporting
period ("tail") or execute another form of guarantee acceptable to Augusta to
assure financial responsibility for liability for services performed.
a. Additional Insured and Primary Insurance Provisions:
Such insurance, as provided under items (1), and (2) above, shall be
endorsed to include Augusta, its officers, elected officials, employees,
agents, and volunteers as additional insured, and shall not be reduced or
canceled without forty-five (45) days prior written notice to Augusta. In
addition, Contractor's insurance shall be primary and any other insurance
maintained by Augusta shall be excess and not contributing insurance with
the Contractors insurance.
b. Evidence of Insurance: The following documents must be provided as
evidence of insurance coverage:
i. A copy of the policies declarations pages, showing the insuring
company, policy effective dates, limits of liability and the schedule of
forms and endorsements.
ii. A copy of the endorsement naming Augusta as an additional insured
showing the policy number and signed by an authorized representative
of the insurance company for business auto liability and for the
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commercial general liability policy a form CG 2010 (ISO) or
equivalent.
iii. A copy of the "Endorsement Form List" to the policy or policies
showing endorsements issued on the policy, and including any
company-specific or manuscript endorsements.
iv. A copy of an endorsement stating that the coverage's provided by this
policy to Augusta or any other named insured shall not be terminated,
reduced or otherwise materially changed without providing at least
forty-five (45) days prior written notice to Augusta.
v. A copy of a"Separation of Insured" or "Severability of Interest"
clause indication essentially that — except with respect to the limits of
insurance and any rights or duties specifically assigned to the first
named insured and separately to each insured against whom claim is
made or suit is brought (Commercial General Liability and Business
Automobile Liability Insurance).
c. Policy Rating: All policies shall be subject to approval by Augusta as to
company (must be rated A-:VII or higher in the A.M. Best's Key Rating
Guide and licensed to do business in the State of Georgia or issued as a
surplus line by a Georgia Surplus lines broker), form and coverage, and
primary to all other insurance
d. Self Insurance: Should Contractor be self insured, under item (1), (2) and
(3) above, a letter form a Corporate Officer stipulating if actuarially funds
and fund limits; plus any excess declaration pages to meet the Contract
requirements. Further, this letter should advise how Contractor would
protect and defend Augusta as an Additional Insured in their Self-Insured
layer, and include claims handling directions in the event of a claim.
e. Subcontractors: Contractor shall include all subcontractors as insured
under its policies or shall furnish separate evidence of insurance as stated
above for each subcontractor. All coverage's for subcontractors shall be
subject to all the requirements stated herein and applicable to their
profession.
9. Failure of the Contractor to furnish and maintain said Insurance requirements
shall be considered a material default of this Contract.
Section 550: Indemnitv
The Contractor(s) shall defend, indemnify and save harmless Augusta and Augusta's
officers, employees and agents from any and every claim and risk, and from all losses,
damages, demands, suits, judgments and attorney fees, and other expenses of any kind
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(collectively "losses") arising out of this Contract or the performance thereof; including
but not limited to any personal injury, or death of any and all persons (including but not
limited to the Contractor, its agents, employees, subcontractors and their successors and
assignees, as well as Augusta or Augusta's agents and all third parties); and including
any property damage of any kind, whether tangible or intangible, including loss of use
resulting there from, in connection with or related to the negligent or willful act(s) or
omissions of the Contractor of its subcontractor which were caused in whole or in part by
the Contractor or its subcontractor while performing work under this Contract, or in
connection with or related to (in whole or in part by reason o fl the presence of the
Contractor or its subcontractors or their property, employees or agents, upon or in
proximity to the property of Augusta or any other property (upon which the Contractor is
performing any work called for), except only those losses resulting solely from the
negligence of Augusta.
Section 560: Lipuidated Damages — Reasonable ure-estimate of Owners Damages
1. Augusta is committed to delivering quality solid waste disposal services to its
citizens and maintaining clean streets and public areas. This Section
establishes damages for failure to meet performance standards hereinafter set
forth. This Section is independent of Section 511 — Default of Contractor.
Augusta and Contractor expressly agree that the potential harm or injury to
Augusta caused by the following incidents of substandard performance are
difficult or impossible to accurately estimate. Augusta and Contractor
stipulate that the following damages are a reasonable pre-estimate of the
probable loss to Augusta and the public. The parties agree that these
provisions for liquidated damages are not intended to operate as penalties for
breach of Contract.
2. This Section is independent of Section 520 - Default of Contractor. The
amounts agreed to herein for each act or omission are Liquidated Damages.
Liquidated Damages may be set-off and deducted from the monthly payrnent
to the Contractor
3.
a. Performance
Standard
(Omission): Mixing of contract waste with non-contract waste. (Section
60)
Damage: $5,000 per event
b. Performance
Standard
(Omission): Intentional disposal of Yard Waste and/or Recycling
Materials placed in a collection vehicle collecting Garbage.
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Damage: $100 per incident per day (each Unit represents a separate
incident) (Section 104)
4. The liquidated damages set forth above are not intended to compensate
Augusta for any damages other than inconvenience and loss of use or delay in
services. The existence or recovery of such liquidated damages shall not
preclude Augusta from recovering other damages in addition to the payments
made hereunder which Augusta can document as being attributable to the
above referenced failures. In addition to other costs that may be recouped,
Augusta may include costs of personnel and assets used to coordinate, inspect,
and re-inspect items within this Contract as well as attorney fees if applicable.
G. Equal Opportunity/Non-Discrimination, Drug Free Work Place
Section 600: Equal Emplovment Opqortunitv
1. The Contractor shall not discriminate against any employee or applicant for
employrnent because of race, religion, creed, color, sex, marital status, sexual
orientation, political ideology, ancestry, national origin, or the presence of any
sensory, mental, or physical handicap, unless based upon a bonafide
occupational qualification. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment, without regard to their of race, religion, creed, color, sex, marital
status, sexual orientation, political ideology, ancestry, national origin, or the
presence of any sensory, mental, or physical handicap. Such action shall
include, but not be limited to the following: employment, upgrading,
promotion, demotion, transfer, recruitment or recruitment advertising, layoff
or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices are provided, setting forth the provisions of this non-discrimination
clause.
2. The Contractor agrees that it will inform Augusta of any alleged violation(s)
of employrnent practices involving any employees who work under this
Contract which are asserted in any claims filed with the Equal Employment
Opportunity Commission, Labor Department, or any other federal or state
compliance agency within ten (10) days of becoming aware of said claim.
The Contractor will also inform Augusta of the final disposition of such cases
within ten (10) days of becoming aware of the fmal disposition.
Section 610: Equal Emqlovment Opportunitv — Implementation
Augusta, Georgia does not have a race or gender conscious Disadvantaged Business
Enterprise (DBE) program for projects having Augusta, Georgia as the source of funding.
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Augusta does enforce mandatory DBE requirements of federal and state agencies on
contracts funded by such agencies and has a DBE Program to comply with U.S.
Department of Transportation (DOT), Federal Transit Administration (FTA), Federal
Aviation Administration (FAA), and other federal and state mandated DBE requirements
for certain DOT, FTA, FAA, and other federal and state assisted contracts as required by
49 C.F.R. Part 26, et. seq. and/or 49 C.F.R. Part 23, et. seq. This DBE program is only
for DOT, FTA and FAA assisted contracts and other federal or state funded contracts
having mandatory DBE requirements. (See Article 13 of the Augusta, GA Code.)
Augusta, Georgia prohibits any language in any solicitation, bid or contract that is
inconsistent with the July 21, 2011 Court Order in the case, Thompson Wrecking, Inc. v.
Augusta, Georgia, civil action No. 1:07-CV-019. Any such language appearing in any
Augusta, Georgia solicitation, bid or contract is void and unenforceable.
A copy of this order can be reviewed at www.augusta�a.�ov home page.
Section 640: Non-Discriminatorv Service
The Contractor will not discriminate against any customer or Augusta resident in the
provision of service or quality of service on account of race, religion, creed, color, sex,
marital status, sexual orientation, political ideology, ancestry, national origin, or the
presence of any sensory, mental, or physical handicap, unless based upon a bona fide
qualification to or for service. The Contractor shall provide the same good quality
service throughout the Collection Area without regard to racial, ethnic, or cultural
characteristics or relative standard of living of the neighborhood.
Section 650: Drug —Free Workplace
1. Augusta is a drug-free workplace employer. The Contractor hereby certifies
that it has or it will within thirty (30) days prior to the Start Date of the
Contract:
2. Notify employees that the unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance is prohibited in the workplace and
specifying actions that will be taken for violations of such prohibition;
3. Establish a drug-free awareness program to inform employees about (i) the
dangers of drug abuse in the workplace, (ii) the Contractor's policy of
maintaining a drug-free workplace, (iii) any available drug counseling,
rehabilitation, and employee assistance programs, and (iv) the penalties that
may be imposed upon employees for drug abuse violations;
4. Notify each employee that as a condition of employment, the employee will
(i) abide by the terms of the prohibition outlined above, and (ii) notify the
Contractor of any criminal drug statute conviction for a violation occurring in
the workplace not later that five (5) days after such conviction;
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5. Impose a sanction on, or requiring the satisfactory participation in a drug
counseling, rehabilitation or abuse program by, an employee convicted of a
drug crime;
6. Make a good faith effort to continue to maintain a drug-free workplace for
employees; and require any party to which it subcontracts any portion of the
work under the Contract to comply with the above provisions.
7. A false certification or the failure to comply with the above drug-free
workplace requirements during the performance of the Contract shall be
grounds for suspension, termination or debarment.
8. The foregoing provisions will be inserted in all subcontracts for work covered
by this Contract.
H. Ancillary Provisions
Section 800: Assignment of Pledge of Monies bv the Contractor
The Contractor shall not assign or pledge any of the monies due under this Contract
without securing the written approval of the surety on the performance bond as well as
the payment bond and providing at least thiriy (30) days prior written notice to Augusta
of such assignments or pledge together with a copy of the surety's approval(s) thereof.
Such assignments or pledge, however, shall not release the Contractor or its sureties from
any obligations or liabilities arising under or because of this Contract.
Section 805: Assignment, SubcontracNng, Delegation of Duties
1. The Contractor may not sub-Contract more than 50% of the total amount of
collections and total work under this Contract without the prior written
approval of Augusta. Augusta's decision shall be final and binding.
2. Except for the subcontracting identified in the Contractor's proposal, the
Contractor shall not assign or subcontract or transfer any of the work or
delegate any of its duties under the Contract without the prior written approval
of Augusta, which approval may be withheld in Augusta's sole discretion.
Notwithstanding the foregoing, Augusta's approval shall not unreasonably be
withheld if the Contractor proposes to assign or transfer this Contract to an
affiliate of the Contractor or to Contractors parent corporation, provided that
Contractor can establish to the reasonable satisfaction of Augusta that (i) the
assignee or transferee will operate the Contract in substantially the same
manner as the Contractor, will use substantially the same management and
collection personnel as Contractor, and possesses substantially the same
financial capabilities as Contractor and (ii) the assignee or transferee is not
affiliated in any way with the company that has a Contract for residential
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collection with Augusta for the portion of Augusta outside the Contractor
Collection Area.
3. In the event of an assignment, subcontract, or delegation of duties, the
Contractor shall remain responsible for the full and faithful performance of
the Contract and the assignee, subcontractor, other obligor shall also become
responsible to Augusta for the satisfactory performance of the work assumed.
Augusta may condition its approval upon the delivery by the assignee,
subcontractor or other obligor of its covenant to Augusta to fully and
faithfully complete the work or responsibility undertaken.
4. During the term of this Contract, the Contractor shall not have an ownership
interest in any other company that has a Contract for residential collection
with Augusta.
5. Should a Contractor sub-contract work under this contract, a sub-contract
contract/agreement shall be generated in writing. This agreement shall at a
minimum include the area to be serviced, the price that the sub-contractor
shall be paid, and the required sections under this contract that flow through to
a sub-contractor. A copy of said agreement(s) shall be provided to Augusta
within fourteen (14) days of execution.
Section 810: Audit and Inspections
1. During the term of the Contract and for a period of one (1) year after the
termination or expiration of the Contract for any reason, Augusta shall have
the right to audit, either itself or through an agent, the books and records
(including but not limited to technical records) of the Contractor to ensure the
Contractor's compliance with all the terms and conditions of the Contract.
2. During and after the term of this contract, Contractor agrees to provide
Augusta with any information required to evaluate the effectiveness of
Augusta's LSBOP.
Section 815: Contractor Will Not Sell or Disclose Data
The Contractar will treat as confidential information, all data in connection with the
Contract. Augusta data processed by the Contractor shall remain the exclusive property
of Augusta. The Contractor will not reproduce, copy, duplicate, disclose or in any way
treat the data supplied by Augusta in any manner except as contemplated by this
Contract.
Section 820: No Publicitv
No advertising, sales promotion or other materials of the Contractor or its agents or
representatives may be distributed to customers without prior written approval of
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Augusta. The Contractor, its agents or representatives shall not reference this Contract or
Augusta in any manner without the prior written consent of Augusta.
Section 825: Contract Rights
l. Rights under this Contract are cumulative, and in addition to rights existing at
common law.
2. Payment by Augusta and performance by the Contractor do not waive their
Contract rights.
3. Failure by either party on any occasion to exercise a Contract right shall not
forfeit ar waive the right to exercise the right of another occasion. The use of
one remedy does not exclude or waive the right to use another.
4. Augusta, Georgia shall have the unilateral right to order in writing a
temporary stopping of the work, or delaying performance so long as it does
not alter the scope of this Contract.
5. Augusta, Georgia has the right to terminate this contract in whole or in part
for its convenience.
Section 830: Open Records Act
Contractor acknowledges that Augusta records including this Contract are subject to
Georgia's Open Records Act.
Section 835: Interpretation
1. This Contract shall be interpreted as a whole and to carry out its purpose. This
Contract is an integrated document and contains all the promises of the
parties; no earlier oral understandings modify its provisions.
2. Captions are for convenient reference only. A caption does not limit the scope
or add commentary to the text.
Section 840: Law; Venue
The laws of the State of Georgia shall govern the validity, construction and effect of this
Contract. The venue for any claims, litigation or causes of action between the parties
shall be in the Superior Court of the Richmond County, Georgia.
Section 845: Discretionarv Waiver of Right to a Jury Trial
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The Contractor and Augusta may waive all rights to have a trial by jury in any action,
proceeding, claim, or counterclaim brought by either of them against the other on any
matter whatsoever arising out of or in any way related to or connected with the Contract.
Section 855: Notices
l. All official notices or approvals shall be in writing. Unless otherwise
directed, notices shall be delivered by messenger, by certified or registered
mail, return receipt requested, or by fax to the parties at the following
respective addresses:
To Augusta: To the Contractor:
Assistant Director General Manager
4330 Deans Bridge Road 5734 Columbia Road
Blythe, GA. 30805 Grovetown, GA. 30813
(706) 592-9634 Phone (706) 790-7920 Phone
(706) 592-1658 Fax (706) 434-0254 Fax
2. Either party may from time to time designate a new address for notices.
Unless a return receipt or other document establishes otherwise, a notice sent
by U.S. Mail shall be presumed to be received the third business day after its
mailing.
Section 860: Severabilitv
Should any term, provision, condition, or other portion of this Contract or its application
be held to be inoperative, invalid, or unenforceable, and the remainder of the Contract
still fulfills its purposes, the remainder of this Contract or its application in other
circumstances shall not be affected thereby and shall continue in force and effect.
Section 865: Interest of the Parties
The Contractor covenants that its officers, employees and shareholders have no interest
and shall not acquire any interest, direct or indirect, which would conflict in any manner
of degree with the performance of services required under the Contract.
Section 870: No Briberv
The Contractor certifies that neither it, any of its affiliates or subcontractors, nor any
employees of any of the forgoing has bribed or attempted to bribe an officer or employee
of Augusta in connection with the Contract.
Section 875: Change in Control — Legal Counsel
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1. In the event of a change in "Control" of the Contractor (as defined below),
Augusta shall terminate the Contract for default unless Augusta has granted
prior written approval. Such approval shall be at the sole discretion of
Augusta. Any approval by Augusta for transfer of ownership or control shall
be contingent upon the perspective controlling party becoming a signatory to
the Contract and otherwise complying with the terms of the Contract. The
Contractor shall notify Augusta within ten (10) days after it becomes aware
that a change in Control will occur. As used in the Contract, the term
"Control" shall mean the possession, direct or indirect of either;
a. The ownership of or ability to direct the voting of, as the case may be fifty
one (51%) or more of the equity interest, value or voting power of the
Contractor; or
b. The power to direct or cause the direction of the management and policies
of the Contractor whether through the ownership of voting securities, by
Contract or otherwise.
Section 880: Force Maieure
1. The Contractor shall not be liable for any failure or delay in the performance
of its obligations pursuant to this Contract (and such failure or delay shall not
be deemed a default of this Contract or grounds for termination hereunder if
all of the following conditions are satisfied:
a. If such failure or delay
i. could not have been prevented by reasonable precaution, and
ii. cannot reasonably be circumvented by the non-performing party
through the use of alternate sources, work around plans, or other
means, and
b. If and to the extent such failure or delay is caused, directly or indirectly by
fire, flood, earthquake, hurricane, elements of nature or acts of God, acts
of war, terrorism, riots, civil disorders, rebellions, or revolutions, or court
order.
2. Upon the occurrence of an event which satisfies all of the conditions set forth
above, the Contractor shall be excused from any further performance of those
obligations pursuant to this Contract affected by the Force Majeure for as long
as;
a. Such Force Majeure event continues and,
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2011 Solid Waste Collections Contract - Advanced-Month to Month FINAL Approved
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� b. The Contractor continues to use commercially reasonable efforts to
recommence performance whenever and to whatever extent possible
without delay.
3. Upon the occurrence of a Force Majeure event, the Contractor shall
immediately notify Augusta by telephone and confirmed in writing within two
(2) days of the occurrence of a Force Majeure and shall describe in reasonable
detail the nature of the Force Majeure. If any Force Majeure prevents the
Contractor from performing its obligations for more than five (5) days,
Augusta may terminate this Contract.
4. Strikes, slow-downs, walkouts, lockouts and individual disputes are not
excused under this provision.
Section 885: Disnute Resolution
1. In the event of a dispute arising under this Contract, the parties shall continue
performance of their respective obligations under this Contract and shall
attempt to resolve such dispute in a cooperative manner. If the parties are
unable to resolve the dispute, then, in addition to and without waiving any
rights and remedies under this Contract or under civil or common law, the
parties may voluntarily agree to arbitration pursuant to the terms of this
section.
2. Within fifteen (15) days after agreement to arbitration has been reached, each
party shall submit the name of its own arbitrator, selected from a panel of
persons qualified by the American Arbitration Association and the two
arbitrators shall select a third arbitrator from such panel within fifteen (15)
days thereafter, or in case of a disagreement concerning the appointment of
the third arbitrator, the third arbitrator shall be appointed from such panel by
the presiding judge of Richmond County Superior Court. During such time
that the arbitrators are being selected or appointed, the parties shall continue
to negotiate in good faith to resolve their dispute in a cooperative manner.
3. The arbitrators shall apply applicable provisions of Georgia law in reaching
their determination. The determination by the arbitrators shall be final and
binding on the parties, and any judgment upon the award rendered pursuant to
such arbitration may be entered in any court having jurisdiction thereof.
Augusta and Contractor shall use their best efforts to conclude all arbitration
proceedings involving fee and rate adjustment disputes within thirty (30) days
following the commencement of such arbitration proceedings. Any arbitration
determination granting an increase in fees or rates may include an award of
interest at the statutory rate until the date the increase becomes effective.
4. The arbitrators shall have the authority, but shall not be required, to award to
the prevailing party in the arbitration proceedings reasonable attorneys fees,
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2011 Solid Waste Collections Contract - Advanced-Month to Month FINAL Approved
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expert and non-expert witness costs and expenses, and all other reasonable
costs and expenses incurred directly or indirectly in connection with the
proceedings provided, however, the costs of the arbitrators shall be shared
equally by the parties.
Section 890: Contractor Acknowledgement
"Contractor acknowledges that this contract and any changes to it by amendment,
modification, change order or other similar document may have required or may require the
legislative authorization of the Board of Commissioners and approval of the Mayor. Under
Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability
to assume contractual obligations and the consequences of Contractor's provision of goods or
services to Augusta, Georgia under an unauthorized contract, amendment, modification,
change order or other similar document, including the possibility that the Contractor may be
precluded from recovering payment for such unauthorized goods or services. Accordingly,
Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract
that has not received proper legislative authorization or if the Contractor provides goods or
services to Augusta, Georgia in excess of the any contractually authorized goods or services, as
required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment
for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of
non payment for the provision of any unauthorized goods or services to Augusta, Georgia, and
it waives all claims to payment or to other remedies for the provision of any unauthorized
goods or services to Augusta, Georgia, however characterized, including, without limitation, all
remedies at law or equity. "
SIGNATURES ON FOLLOWING PAGE
51
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vcrxion Manth to Month
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2011 Solid Waste Collections Contract - Advanced-Month to Month FINAL Approved
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Exhibit A: Collection Area(s)
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2011 Solid Waste Collections Contract - Advanced-Month to Month FINAL Approved version Month
to Month
Exhibit B: Rate Table
Menu of Services (Monthly Costs)
Garba e $14.66
Rec clin Included
Yard Waste Included
Bulk Waste Included
Monthlv Collections Cost 14.66
Extra Garba e Collection per additional cart serviced $7.50
Extra Rec clin Collection er additional cart serviced $1.00
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2011 Solid Waste Collections Contract - Advanced-Month to Month FINAL Approved
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Exhibit C: Force Maieure Rate Table
Rate Rate Per
10 Yard Roll Off $195.00 Pull
20 Yard Roll Off $195.00 Pull
30 Yard Roll Off $195.00 Pull
40 Yard Roll Off $195.00 Pull
Recaular Time Rate Overtime Rate Rate Per
15-24 Yard Rear Load (Driver and Helper) $175.00 $250.00 Hour
25 Yard or Larger Rear Load (Driver and Helper) $175.00 $250.00 Hour
15-24 Yard Side Load (Driver) $200.00 $275.00 Hour
25 Yard or Larger Side Load (Driver) $200.00 $275.00 Hour
25 Yard or Larger Front Load (Driver and work can) $200.00 $275.00 Hour
Additional Laborer (per person as requested) $35.00 $52.50 Hour
Additional Services Offered bv Contractor ReQUlar Time Rate Overtime Rate Rate Per
1 Bobcat w/operator $175.00 $250.00 Hour
2 Clam truck w/operator $175.00 $250.00 Hour
3 Roll-off truck w/driver $175.00 $250.00 Hour
4 Roll-off container rental $5.00 $5.00 Day
5 Roll-off container delivery $90.00 $90.00 Delivery
6 $0.00 $0.00
7 $0.00 $0.00
8 $0.00 $0.00
9 $0.00 $0.00
10 $0.00 $0.00
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2011 Solid Waste Collections Contract - Advanced-Month to Month FINAL Approved
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Exhibit D: Eviction. Vacant Lot, Special Clean-up
Rate Rate Per
10 Yard Roll Off $165.00 Pull
20 Yard Roll Off $165.00 Pull
30 Yard Roll Off $165.00 Pull
40 Yard Roll Off $165.00 Pull
Reqular Time Rate Overtime Rate Rate Per
Rear Load (Driver) $125.00 $175.00 Hour
Side Load (Driver) $150.00 $200.00 Hour
Front Load (Driver and work can) $150.00 $200.00 Hour
Additional Laborer (per person as requested) $25.00 $37.50 Hour
Additional Services Offered by Contractor Recaular Time Rate Overtime Rate Rate Per
1 Bobcat w/operator* $125.00 $175.00 Hour
2 Clam truck w/operator* $125.00 $175.00 Hour
3 Roll-off truck w/driver $125.00 $175.00 Hour
4 Roll-off container delivery $80.00 $80.00 Delivery
5 Roll-off container rental $5.00 $5.00 Day
6 *Note: 4-hour minimum charge
7
8
9
10
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