HomeMy WebLinkAbout2011-08-08-Meeting AgendaEngineeringServicesCommittee
Meeting
CommissionChamber-8/8/2011-1:05PM
ENGINEERINGSERVICES
1.Approve award of RFP #11-129, Landscape Maintenance
Services,fortheSolidWasteFacility.
Attachments
2.ApprovetheEmergencyTreesCutandRemovalinthe amount
of$28,944.20forHorizonConstruction;fundedfrom SPLOST
Phase IV account number 323-041110-201824021 as
requestedbyAED.
Attachments
3.Approveandauthorize execution ofaleaseagreemen twith
GeorgiaPowertoprovide,installandmaintainthe exteriorsite
lightingfortheAugusta,GeorgiaNewSheriff’sOffice.The
upfront cost will be $39,000.00 which includes tren ching,
undergroundconduit,wiring,installationofpoles andlights
fortheAugusta,GeorgiaNewSheriff’sOfficeBuild ing.
Attachments
4.MotiontodeterminethataportionofYoungStreet,asshown
ontheattachedplatandconsistingofapproximatel y0.483acre
(21,031.19squarefeet),hasceasedtobeusedbyt hepublicto
theextentthatnosubstantialpublicpurposeisse rvedbyitor
thatitsremovalfromthecountyroadsystemisoth erwisein
thebestpublicinterest,pursuanttoO.C.G.A.§32 -7-2,with
theabandonedpropertytobequit-claimedtotheappropriate
party(ies).
Attachments
5.Motion to determine that a portion of Oakdale Avenu e, as
shown on the attached platand consistingof approx imately
0.22acre(9,574.00squarefeet),hasceasedtobe usedbythe
publictotheextentthatnosubstantialpublicpur poseisserved
by it or that its removal from the county road syst em is
otherwiseinthebestpublicinterest,pursuantto O.C.G.A.§32-
7-2, with the abandoned property to be quit-claimed to the
appropriateparty(ies),andaneasementtoberetai nedoverthe
entire abandoned portion for existing or future uti lities.
Attachments
www.augustaga.gov
6.Motion to determine that Kingston Street, as shown on the
attachedplat(westofHolleyStreetandbeingnort hofand
paralleltoBrownStreet),hasceasedtobeusedby thepublic
totheextentthatnosubstantialpublicpurposeis servedbyit
orthatitsremovalfromthecountyroadsystemis otherwisein
thebestpublicinterest,pursuanttoO.C.G.A.§32 -7-2,with
theabandonedpropertytobequit-claimedtotheappropriate
party(ies).
Attachments
7.ApproveResolutionofadoption ofDraft HazardMiti gation
PlanUpdate.
Attachments
8.Approve road name change from McCain Way to McCann
Wayasrequestedby90%oftheadjoiningpropertyo wners.
Attachments
9.MotiontoapproveanaddendumtotheSolidWasteCo llection
ContractNo.06-001.
Attachments
10.Approvepurchasingextendedfullreplacementwarran tiesfor
theon-sitehypochloritegenerationsystemelectrodesand cells
attheHighlandAvenueWaterTreatmentPlantandth eJames
B.MesserlyWaterPollutionControlPlant.
Attachments
11.Authorize the award and execution of a contract wit h
Dewberry&Davis,Inc.fortheupdatetoAUD’sWatershed
AssessmentandSourceWaterProtectionPlan(RFQ#1 1-059)
intheamountof$214,470.
Attachments
EngineeringServicesCommitteeMeeting
8/8/20111:05PM
AwardofRFP#11-129,LandscapeMaintenanceService sfortheSolidWasteFacility
Department:EnvironmentalServices
Caption:ApproveawardofRFP#11-129,LandscapeMaintenance
Services,fortheSolidWasteFacility.
Background:TheSolidWasteFacilityhasundergoneseveralmajo r
improvementstothegroundsofthepropertyoverth epast
year.Fromlandscapingthefrontentranceandcomin ginpastthe
Scalehousetothegroundsaroundthenewmaintenan ce
building.Theseareasarelandscapedwithsodandv arioustypesof
treesandshrubs.Itwillbenecessarytoretainth eservicesofa
professionallandscapemaintenanceservicetomaint ainthese
areasofourfacility.
Analysis:TheAugustaEnvironmentalServicesDepartmentandt he
ProcurementDepartmenthaveconcludedtheRFPproce ssfor
RFPItem#11-129,LandscapeMaintenanceServices.A fterthe
reviewofthesixcompliantvendors,JacobsLandMa nagement
hasmetallthespecifiedrequirementsoftheRFPd ocuments
withouttakinganyexceptionsandwithinthealloca tedbudget
amount.ItistheopinionoftheAugustaEnvironmen talServices
DepartmentthatJacobsLandManagement,withabid of
$16,500.00peryear,shouldbeawardedthecontract asbestbid.
FinancialImpact:Adequatefundsareavailablefortheamountof$16,500.00from
541-04-4210/52.22410lawnandgroundupkeep.
Alternatives:1.ApproveawardofRFP#11-129,LandscapeMaintena nce
ServicesfortheSolidWasteFacilitytoJacobsLan dManagement.
2.Donotapprovetheaward.
Recommendation:ApproveawardofRFP#11-129,LandscapeMaintenanceServices
fortheSolidWasteFacilitytoJacobsLandManagem ent.
FundsareAvailable
intheFollowing Adequatefundsareavailablefortheamountof$16,500.00from
541-04-4210/52.22410lawnandgroundupkeep.Cover Memo
Item # 1
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 1
REQUEST FOR PROPOSALS
Request for Proposals will be received at this office until Thursday, May 26, 2011 @ 3:00 P.M. for furnishing:
RFP ITEM #11-129 Landscape Maintenance Services for Solid Waste Department
RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
RFP documents may be viewed on the Augusta Richmond County web site under the Procurement Department
ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours
at the offices of Augusta, GA Procurement Department. A Mandatory Pre Proposal Conference will be held
on Tuesday, May 3, 2011 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. A
mandatory site visit will follow. All questions must be submitted in writing by fax to 706 821-2811 or by
email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday,
May 5, 2011 @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local bidder and
receive bid preference on an eligible local project, the certification statement as a local bidder and all
supporting documents must be submitted to the Procurement Department with your bonafide bid
package.
No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening.
An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in
accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number
of copies needed, the timing of the submission, the required financial data, and any other requirements
designated by the Procurement Department are considered material conditions of the bid which are not
waiveable or modifiable by the Procurement Director. Please mark RFP number on the outside of the envelope.
Bidders are cautioned that sequestration of RFP documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the
bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
Funding for this project may include federal funds provided by the U. S. Department of Transportation
(DOT) and/or other federal agencies. All DOT funded projects are subject to the requirements of 49 CFR
Part 26. These requirements are mandatory and non-negotiable. Augusta enforces Disadvantage
Business Enterprise (DBE) requirements and/or DBE goals set by Federal and/or State Agencies in
accordance with State and Federal laws. Please be advised that the U. S. District Court for the Southern
District of Georgia has entered on Order enjoining the Race-Based portion of Augusta, Georgia’s DBE
Program. Thus, Augusta, Georgia does not have or operate a DBE, MBE or WBE Program for projects
(or portions of projects) having Augusta, Georgia as the source of funding.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle April 7, 14, 21, 28, 2011
Metro Courier April 13, 2011
cc: Tameka Allen Interim Deputy Administrator
Mark Johnson Solid Waste
Lori Videtto Solid Waste
Attachment number 1
Page 1 of 1
Item # 1
VENDORS Attachment B Addendum Original 6 Copies Fee Proposal
Augusta Lawn & Turf
3618 Phillips Drive
Martinez, GA 30907
YES YES YES YES YES
Augusta Quality Lawn Care
1540 Keron Way
Hephzibah, GA 30815
YES YES YES YES YES
Between The Edges
816 Edgefield Road
North Augusta, SC 29841
YES YES YES YES YES
CSRA Landscaping
4223 Woodcreek Court
Martinez, GA 30907
YES YES YES YES YES
Davis Lawn Care
316 Un Court, Ste 2
Grovetown, GA 30813
YES YES YES YES YES
Jacobs Land Management
118 Woodland Road
Augusta, GA 30907
YES YES YES YES YES
North Georgia Landscape
Po Box 585
Statham, GA 30666
Horizon Landscape
451 Timber Wolf Trail
Martinez, GA 30907
Your Lawn Care Service
1456 Hephzibah-Mcbean Road
Hephzibah, GA 30815
RFP Item #11-129
Landscape Maintenance Services
for the City of Augusta - Solid Waste Department
RFP Due: Thursday, May 26, 2011 @ 3:00 p.m.
Non-Compliant
Late - Submittal was received Late in Procurement
Page 1 of 1
Attachment number 2
Page 1 of 1
Item # 1
Evaluation Criteria
PTS
Augusta Lawn & Turf
3618 Phillips Drive
Martinez, GA 30907
Augusta Quality
Lawn Care
1540 Keron Way
Hephzibah, GA 30815
Between The Edges
816 Edgefield Road
North Augusta, SC
29841
CSRA Landscaping
4223 Woodcreek
Court
Martinez, GA 30907
Davis Lawn Care
316 Un Court, Ste 2
Grovetown, GA
30813
Jacobs Land
Management
118 Woodland Road
Augusta, GA 30907
4XDOLILFDWLRQVRI&RPSDQ\±WRLQFOXGH
relevant projects 30 28.3 11.7 16.7 15.0 20.0 23.3
2. Qualifications of key personnel that will
actually be assigned and directly involved
and responsible throughout the duration
of the project.
15 15.0 5.0 8.3 5.0 11.7 11.7
3. Work plan and overall service schedule 35 35.0 33.3 33.3 33.3 33.3 33.3
4. References - required for RFP (include
specific individuals with addresses and
telephone numbers)
15 13.3 13.3 13.3 13.3 15.0 13.3
5. Proximity to Augusta
Within Aug. Richmond County 5 pts
Within the CSRA 4 pts
Within Georgia 3 pts
Within SE United States
(includes AL, TN, NC, FL) 2 pts
All others 1 pt
5 4.0 5.0 4.0 4.0 4.0 5.0
Total 100 95.7 68.3 75.7 70.7 84.0 86.7
Cumulative Evaluation Sheet - RFP Item #11-129
Landscape Maintenance Services
for the City of Augusta - Solid Waste Department
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EngineeringServicesCommitteeMeeting
8/8/20111:05PM
EmergencyProject–WindstormHazards
Department:AbieL.Ladson,PE,CPESC,Director
Caption:ApprovetheEmergencyTreesCutandRemovalinthe amountof
$28,944.20forHorizonConstruction;fundedfromSP LOST
PhaseIVaccountnumber323-041110-201824021asrequestedby
AED.
Background:Inthelastmonth,duetothetremendousdegreeof windstorms,
theEngineeringDepartment(AED)hashadtohireon an
emergencybasisHorizonConstructiontocutandrem ove
trees/debrisintheAugustaRichmondCountyarea.T hedown
treesinthearea(June2011)fromthevariouswind stormswere
safetyhazardsandcreatedimmediatepublicsafety issues.The
situationswarrantedimmediateactionbutAEDdidn othave
sufficientin-houseresourcestohandlethesehazar dsinatimely
manner.Also,duetotimeconstrains,AEDcouldnot gothrough
thenormalprocesstobidthiscontract.
Analysis:Theworkwasdoneunderanemergencysituationthat warranted
immediateresponsebytheAEDtominimizepublicex posureto
fallentreeshazardandroadhazard,andalsominim izeAugusta-
RichmondCounty’sexposuretopotentialliability.Thecostto
covertheEmergencyTreesCutandRemovalis$28,94 4.20.
FinancialImpact:FundingisavailableintheSPLOSTPhaseIVConting ency
Account324-041110-6011110/201824021-6011110forth is
request.
Alternatives:1)ApprovetheEmergencyTreesCutandRemovalint heamount
of$28,944.20forHorizonConstruction;fundedfrom SPLOST
PhaseIVaccountnumber323-041110-201824021asrequestedby
AED.2)Donotapproveandidentifyalternativeway stomeetthis
financialobligation.
Recommendation:ApproveAlternativeNumberOne.
Cover Memo
Item # 2
FundsareAvailable
intheFollowing
Accounts:
324-041110-6011110/201824021-6011110
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 2
EngineeringServicesCommitteeMeeting
8/8/20111:05PM
GeorgiaPowerleaseagreementforsitelightingat thenewRichmondCountySheriff'sOffice
AdiministrationFacility
Department:TomBeck,Director,Recreation,ParksandFacilitie s
Caption:Approveandauthorizeexecutionofaleaseagreemen twith
GeorgiaPowertoprovide,installandmaintainthe exteriorsite
lightingfortheAugusta,GeorgiaNewSheriff’sOff ice.The
upfrontcostwillbe$39,000.00whichincludestren ching,
undergroundconduit,wiring,installationofpoles andlightsfor
theAugusta,GeorgiaNewSheriff’sOfficeBuilding.
Background:GeorgiaPoweristheonlyentitythatwillprovide,installand
maintaintheexteriorsitelights.HeeryInternatio nalheld
discussionswithGeorgiaPoweroverthepasttwomo nths
workingoutdetailsforsitelightinginstallation.
Analysis:HavingGeorgiaPowerprovide,installandmaintain thesite
lightingistheleastexpensiveturn-keyoperationforobtainingand
maintainingtheexteriorlightingfortheAugusta,GeorgiaNew
Sheriff’sOfficeBuilding.TheScopeofWorkfortheupfron tcosts
includestrenching,cable,conduit,directwire,po leandlight
installationandiswithinthebudgetedamountfor thisscopeof
work.
FinancialImpact:Theamountforupfrontcostsfortheexteriorsite lightingis
$39,000.00.TheGeorgiaPowerpackageincludesago vernment
monthlyratefeeforenergyandlifetimemaintenanc ewarrantyof
thetotalinstallationfor$328.00.
Alternatives:1.Approveandauthorizesitelightingleaseagreem entwith
GeorgiaPower.2.Denyapprovalandauthorizationo fthe
executionofaleaseagreementwithGeorgiaPowera ndseekan
alternateestimatefortheinstallationofthesite lights.Augusta,
Georgiawouldhavetoprovideforthemaintenancef orthese
lights.
Recommendation:Approveandauthorizetheexecutionofaleaseagre ementwith
GeorgiaPowertoprovide,install,andmaintainthe exteriorsiteCover Memo
Item # 3
lightingfortheAugusta,GeorgiaNewSheriff’sOff iceBuilding.
FundsareAvailable
intheFollowing
Accounts:
GL–325-05-1120;JL-208251103GL-328-03-1130:J L-
210351003
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 3
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Item # 3
EngineeringServicesCommitteeMeeting
8/8/20111:05PM
MotionforAbandonmentofYoungStreet
Department:Law
Caption:MotiontodeterminethataportionofYoungStreet,asshownon
theattachedplatandconsistingofapproximately0 .483acre
(21,031.19squarefeet),hasceasedtobeusedbyt hepublictothe
extentthatnosubstantialpublicpurposeisserved byitorthatits
removalfromthecountyroadsystemisotherwisein thebest
publicinterest,pursuanttoO.C.G.A.§32-7-2,wit hthe
abandonedpropertytobequit-claimedtotheapprop riateparty
(ies).
Background:TheHousingAuthorityoftheCityofAugustahasre questedthata
portionofYoungStreet(betweenOldBailieStreet andSt.
SebastianWay)beabandonedtoallowforsiteimpro vementsto
thePeabodyApartments.ThisportionofYoungStree tcanstillbe
utilizedforaturnaroundforfiretrucks,busesan dgarbagetrucks,
andalsowillprovideadditionalparkingasneeded.Thisproperty
doesnotserveanyparcelswithresidencesorstruc tures.The
abandonmentrequesthasbeenreviewedbyallessent ialcounty
departmentsandadministratorsandnoobjectionswe remadeto
thisabandonmentrequest,providedthatatwenty-fi ve(25)foot
easementberetainedfromthecanal’stoeofslope forutilitiesand
canalmaintenanceandthattherebenoimprovements withinthe
twenty-five(25)footareafromthecanalslopetoe exceptfor
landscaping.Thelegaldescriptionandplatofthe portionof
YoungStreettobeabandonedareattached.
Analysis:Inadditiontotheinformationprovidedintheabov eBackground
section,publicationnoticeswillbemadeforapub lichearingtobe
held,withresultstobepresentedtotheCommissio n.Noticetothe
propertyownerslocatedthereonwillbemade,pursu antto
O.C.G.A.§32-7-2(b)(1).
FinancialImpact:Costofpublicationandadvertisementofpublichea ring.
Alternatives:Approveordenyrequestfordeterminationofnosub stantialuse
regardingabandonmentofportionofYoungStreet.
Cover Memo
Item # 4
Recommendation:Approvedeterminationofnosubstantialuseregardi ngrequestfor
abandonmentofsaidportionofYoungStreet,subjec ttothe
EngineeringDepartment’srequestforatwenty-five (25)foot
easementtoberetainedfromthecanal’stoeofslo peforutilities
andcanalmaintenanceandthattherebenoimprovem entswithin
thetwenty-five(25)footareafromthecanalslope toeexceptfor
landscaping.
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 4
Legal Description
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN RICHMOND COUNTY (CITY OF AUGUSTA),
GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A CONCRETE RIGHT-OF-WAY MONUMENT FOUND AT THE INTERSECTION OF THE
NORTHERLY RIGHT-OF-WAY LINE OF WALTON WAY (RIGHT-OF-WAY VARIES) AND THE WESTERLY RIGHT-
OF-WAY LINE OF ST. SEBASTIAN WAY (RIGHT-OF-WAY VARIES), THENCE
ALONG THE RIGHT-OF-WAY LINE OF ST. SEBASTIAN WAY FOLLOWING AN ARC OF A CURVE TO THE LEFT
A DISTANCE OF 165.48 FEET, SAID CURVE HAVING A RADIUS OF 666.20 FEET AND A CHORD BEARING OF
NORTH 38 DEGREES 34 MINUTES 21 SECONDS EAST AND DISTANCE OF 165.05 FEET TO A CONCRETE
RIGHT-OF-WAY MONUMENT FOUND; THENCE
ALONG THE RIGHT-OF-WAY LINE OF ST. SEBASTIAN WAY NORTH 26 DEGREES 25 MINUTES 51 SECONDS
EAST, 95.55 FEET TO A ONE-HALF INCH REBAR PIN SET; THENCE
NORTH 04 DEGREES 40 MINUTES 35 SECONDS WEST, 66.21 FEET TO A ONE-HALF INCH REBAR PIN SET
ON THE SOUTHERLY RIGHT-OF-WAY LINE OF YOUNG STREET AND THE POINT OF BEGINNING; THENCE
NORTH 28 DEGREES 11 MINUTES 50 SECONDS WEST, 394.95 FEET ALONG THE RIGHT-OF-WAY LINE OF
YOUNG STREET TO A ONE-HALF INCH REBAR PIN SET; THENCE
NORTH 68 DEGREES 14 MINUTES 50 SECONDS WEST 29.12 FEET ALONG THE RIGHT-OF-WAY LINE OF
YOUNG STREET TO A ONE-HALF INCH REBAR PIN SET ON THE EASTERLY SIDE OF OLD BAILIE STREET;
THENCE
NORTH 61 DEGREES 48 MINUTES 10 SECONDS EAST, 68.74 FEET TO A ONE-HALF INCH REBAR PIN SET ON
THE NORTHERLY SIDE OF YOUNG STREET; THENCE
SOUTH 28 DEGREES 11 MINUTES 50 SECONDS EAST, 415.65 FEET ALONG THE RIGHT-OF-WAY LINE OF
YOUNG STREET TO A ONE-HALF INCH REBAR PIN SET; THENCE
SOUTH 59 DEGREES 58 MINUTES 39 SECONDS WEST, 50.02 FEET TO A ONE-HALF INCH REBAR PIN SET
ON THE SOUTHERLY RIGHT-OF-WAY LINE OF YOUNG STREET AND THE POINT OF BEGINNING.
SAID TRACT OR PARCEL OF LAND CONTAINING 0.483 ACRES (21,031.19 SQUARE FEET) OF LAND.
THIS INSTRUMENT IS INTENDED TO DESCRIBE ALL OF THE PARCEL OF LAND SHOWN ON A DRAWING
ENTITLED “PLAT FOR AUGUSTA-RICHMOND COUNTY COMMISSION” PREPARED BY AUGUSTA-
RICHMOND COUNTY ENGINEERING DEPARTMENT ON MARCH 14, 2011 AND SHOWN AS PROJECT NO.
11-0003.
Attachment number 1
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Item # 4
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Item # 4
EngineeringServicesCommitteeMeeting
8/8/20111:05PM
MotionforAbandonmentofOakdaleRd
Department:Law
Caption:MotiontodeterminethataportionofOakdaleAvenu e,asshown
ontheattachedplatandconsistingofapproximatel y0.22acre
(9,574.00squarefeet),hasceasedtobeusedbyth epublictothe
extentthatnosubstantialpublicpurposeisserved byitorthatits
removalfromthecountyroadsystemisotherwisein thebest
publicinterest,pursuanttoO.C.G.A.§32-7-2,with theabandoned
propertytobequit-claimedtotheappropriatepart y(ies),andan
easementtoberetainedovertheentireabandonedp ortionfor
existingorfutureutilities.
Background:TheEngineeringDepartmenthasrequestedtoabandon aportion
ofOakdaleAvenue.ThisportionofOakdaleAvenue wasnever
developedorpavedanddead-endsintoPineviewDriv e.This
propertydoesnotserveanyparcelswithresidences orstructures.
Theabandonmentrequesthasbeenreviewedbyalles sential
countydepartmentsandadministratorsandnoobject ionswere
madetothisabandonmentrequest.TheEngineering Department
requeststhataneasementberetainedovertheenti reabandoned
portionforexistingorfutureutilities.Thelega ldescriptionand
platoftheportionofOakdaleAvenuetobeabandon edare
attached.
Analysis:Inadditiontotheinformationprovidedintheabov eBackground
section,publicationnoticeswillbemadeforapub lichearingtobe
held,withresultstobepresentedtotheCommissio n.Noticetothe
propertyownerslocatedthereonwillbemade,pursu antto
O.C.G.A.§32-7-2(b)(1).
FinancialImpact:Costofpublicationandadvertisementofpublichea ring.
Alternatives:Approveordenyrequesttodeterminethataportion ofOakdale
Avenuebeabandoned.
Recommendation:Approvedeterminationregardingrequestforabandon mentofsaid
portionofOakdaleAvenue,withapublichearingto beheld Cover Memo
Item # 5
regardingtheissueofabandonmentpursuanttoO.C.G.A.§32-7-
2,withtheabandonedpropertytobequit-claimedt othe
appropriateparty(ies),andaneasementtoberetai nedoverthe
entireabandonedportionforexistingorfutureuti lities.
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 5
Attachment number 1
Page 1 of 1
Item # 5
Item # 5
Item # 5
Item # 5
EngineeringServicesCommitteeMeeting
8/8/20111:05PM
MotiontoAbandonKingstonStreet
Department:Law
Caption:MotiontodeterminethatKingstonStreet,asshown onthe
attachedplat(westofHolleyStreetandbeingnort hofandparallel
toBrownStreet),hasceasedtobeusedbythepubl ictotheextent
thatnosubstantialpublicpurposeisservedbyit orthatits
removalfromthecountyroadsystemisotherwisein thebest
publicinterest,pursuanttoO.C.G.A.§32-7-2,wit hthe
abandonedpropertytobequit-claimedtotheapprop riateparty
(ies).
Background:TheAugustaHousingandCommunityDevelopmentDepar tment
hasrequestedthatKingstonStreet(westofHolley Streetand
beingnorthofandparalleltoBrownStreet)beaba ndonedto
allowforthedevelopmentoftheNewKingstonStree t
Subdivision.Theabandonmentrequesthasbeenrevie wedbyall
essentialcountydepartmentsandadministratorsand approvals
werereceivedtothisabandonmentrequest.Thele galdescription
andplatoftheportionofYoungStreettobeaband onedare
attached.
Analysis:Inadditiontotheinformationprovidedintheabov eBackground
section,publicationnoticeswillbemadeforapub lichearingtobe
held,withresultstobepresentedtotheCommissio n.Noticetothe
propertyownerslocatedthereonwillbemadeandth epublic
hearingwillbescheduleandconductedpursuantto O.C.G.A.§
32-7-2(b)(1).
FinancialImpact:Costofpublicationandadvertisementofpublichea ring.
Alternatives:Approveordenyrequestfordeterminationofnosub stantialuse
regardingabandonmentofKingstonStreet.
Recommendation:Approvedeterminationofnosubstantialuseorbest publicinterest
regardingrequestforabandonmentofsaidKingston Street,witha
publichearingtobeheldregardingtheissueofab andonment
pursuanttoO.C.G.A.§32-7-2,withtheabandonedp ropertytobeCover Memo
Item # 6
quitclaimedtotheappropriateparty(ies),andall necessary
easementstoberetained,ifany,forexistingorf utureutilitiesas
determinedbytheAugustaUtilitiesDepartmentand Augusta
EngineeringDepartment.
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 6
Attachment number 1Page 1 of 1
Item # 6
Attachment number 2
Page 1 of 1
Item # 6
EngineeringServicesCommitteeMeeting
8/8/20111:05PM
ResolutionofadoptionofDraftHazardMitigationP lanUpdate
Department:PlanningCommission
Caption:ApproveResolutionofadoptionofDraftHazardMiti gationPlan
Update.
Background:TheCityofAugusta'soriginalHazardMitigationPl anidentified
mitigationactionsthat,overtime,wouldhelpmini mizeandreduce
safetythreats,reducethecostsofnaturalhazard events,andreduce
damagetoprivateandpublicpropertyisbeingupda ted.As
requiredbytheRobertT.StaffordDisasterRelief andEmergency
AssistanceActasamendedbytheDisasterMitigatio nActof2000,
a5yearHazardMitigationPlanupdatewasrequired tobe
performedpriortotheHazardMitigationPlanexpir yonAugust24,
2011.
Analysis:
FinancialImpact:fundingfortheupdateoftheoriginalHazardMitig ationPlanwas
securedthroughanHMGPgrantandaPlanningCommit tee/
StakeholdersCommitteewasformedtoupdatetheHaz ard
MitigationPlan.
Alternatives:Approvethedraftordeny
Recommendation:Approval
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 7
RESOLUTIO
WHEREAS the City of Augusta, Georgia, has experienced natural hazards such as drought /
extreme heat, earthquake, flooding, tornado / wind storm / hail / lightening, wildfire, and winter
storm or has the potential of experiencing such hazards;
WHEREAS the City of Augusta, Georgia, has experienced man-made hazards such as chemical
leak / chemical spill / chemical release, dam failure, nuclear plant incident, and terrorism or has
the potential of experiencing such hazards;
WHEREAS these hazards have resulted in public safety response, damage to private and public
property, and public and private expenditures for clean up and recovery, or have the potential for
causing public safety response, damage to private and public property, and public and private
expenditures for clean up and recovery;
WHEREAS, the cities of Blythe, and Hephzibah (within the jurisdictional boundaries of
Richmond County) have experienced the same or similar hazards and/or have the potential for
experiencing such hazards;
WHEREAS, the Robert T. Stafford Disaster Relief and Emergency Assistance Act as amended
by the Disaster Mitigation Act of 2000 require local jurisdictions to adopt a mitigation plan in
order to be eligible for post-disaster and pre-disaster grants to implement certain mitigation
projects; and
WHEREAS the National Flood Insurance Reform Act of 1994 and the Flood Insurance Reform
Act of 2004 require local jurisdictions to adopt a mitigation plan in order to be eligible for grants
to implement certain flood mitigation projects; and
WHEREAS the planning process supported by the Georgia Emergency Management Agency
and required by the Federal Emergency Management Agency offers the opportunity to consider
natural hazards and risks, and to identify mitigation actions to reduce future impacts of such
hazards; and
WHEREAS the State of Georgia has provided federal mitigation funds to support the
development of a Hazard Mitigation Plan; and
WHEREAS the City of Augusta adopted a Flood Hazard Mitigation Plan on February 17, 2004;
and
WHEREAS the Hazard Mitigation Plan for Augusta, Blythe and Hephzibah has previously been
developed and adopted by each jurisdiction and approved by FEMA on August 24, 2006. This
Hazard Mitigation Plan for Augusta, Blythe and Hephzibah superseded the Flood Hazard
Mitigation previously adopted by the City of Augusta;
WHEREAS the original Hazard Mitigation Plan identified mitigation actions that, over time,
would help minimize and reduce safety threats, reduce the costs of natural hazard events, and
reduce damage to private and public property; and
Attachment number 1
Page 1 of 3
Item # 7
WHEREAS as required by the Robert T. Stafford Disaster Relief and Emergency Assistance Act
as amended by the Disaster Mitigation Act of 2000, a 5 year Hazard Mitigation Plan update was
required to be performed prior to the Hazard Mitigation Plan expiry on August 24, 2011.
WHEREAS, funding for the update of the original Hazard Mitigation Plan was secured through
an HMGP grant and a Planning Committee / Stakeholders Committee was formed to update the
Hazard Mitigation Plan.
WHEREAS, the Planning Committee / Stakeholders Committee met formally on June 14, 2011,
July 14, 2011, and July 25, 2011, to update the Hazard Mitigation Plan and less formally via
electronic reviews, updating and voting during the update process;
WHEREAS, public meetings were held on July 14, 2011 and July 25, 2011, to update the
Hazard Mitigation Plan;
WHEREAS, additional public meetings were held on June 22, 2011 with the ESF-11 Group and
on July 12, 2011 for the River Road Committee, to update the Hazard Mitigation Plan;
WHEREAS, a draft Hazard Mitigation Plan Update was developed by the consultant, PDM
Consulting, Inc., with extensive input from the Planning Committee / Stakeholders Committee, a
SubCommittee developed by the Planning Committee / Stakeholders Committee, and public
input.
WHEREAS, the draft Hazard Mitigation Plan Update has gone into a 30 day public review
period beginning July 25, 2011 and ending August 24, 2011.
WHEREAS, the draft Hazard Mitigation Plan Update has been submitted to the Georgia
Emergency Management Agency (GEMA) for initial review.
NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission that:
1. The draft Hazard Mitigation Plan Update is hereby adopted as an official document
of the City of Augusta, Georgia.
2. The final version of the Hazard Mitigation Plan Update will be adopted at a later
date, once public review comments are received and the revised Hazard Mitigation
Plan Update is sent to the Georgia Emergency Management Agency (GEMA) and the
Federal Emergency Management Agency (FEMA) and final approval is received by
both agencies.
PASSED AND ADOPTED by the Commission of Augusta, Georgia, this _________ day of
______________, 2011.
_________________________________
Attachment number 1
Page 2 of 3
Item # 7
Deke Copenhaver, Mayor
_________________________________
Date
_________________________________
Lena Bonner, Clerk of Commission
_________________________________
Date
Attachment number 1
Page 3 of 3
Item # 7
EngineeringServicesCommitteeMeeting
8/8/20111:05PM
RoadNameChange-McCainWaytoMcCannWay
Department:PlanningCommission
Caption:ApproveroadnamechangefromMcCainWaytoMcCann Way
asrequestedby90%oftheadjoiningpropertyowner s.
Background:
Analysis:Theroadnamechangeisacceptabletotheminimumr equirement
of66%oftheadjoiningpropertyowners(90%havea pprovedthe
namechange)alongMcCainWay.
FinancialImpact:costoftrafficsigns
Alternatives:approveordeny
Recommendation:approve
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 8
RESOLUTIO
WHEREAS: Ms Monika Spearman initiated a request for a Road Name Change of
McCain Way to McCann Way;
WHEREAS: The existing road name of McCain Way appears to no significance in the
area.
WHEREAS: It is proposed that the entire portion of the McCain Way be renamed
McCann Way;
WHEREAS: The road name change is acceptable to the minimum requirement of 66%
of the adjoining property owners (90% have approved the name change) along McCain Way.
NOW THEREFORE, BE IT RESOLVED BY THE AUGUSTA COMMISSION:
THEREFORE: Let it be known that Augusta, Georgia does hereby adopt the road
name change of McCain Way to McCann Way. Traffic Engineering should be notified of the
road name change and road signs should be erected accordingly.
______________________________ ______________________________
Lena Bonner, Clerk of Commission Deke Copenhaver, Mayor
CERTIFICATE
The undersigned qualified and acting Clerk of the Augusta Commission certifies that the
foregoing is a true and correct copy of a resolution adopted at a legally convened meeting of the
Augusta Commission held on ________________________.
______________________________
Lena Bonner, Clerk of Commission
______________________________
Date
Attachment number 1
Page 1 of 1
Item # 8
EngineeringServicesCommitteeMeeting
8/8/20111:05PM
SolidWasteCollectionAmendment
Department:Law
Caption:MotiontoapproveanaddendumtotheSolidWasteCo llection
ContractNo.06-001.
Background:Seeattachedrevision.
Analysis:None.
FinancialImpact:None.
Alternatives:Denymotion
Recommendation:Approvemotion
FundsareAvailable
intheFollowing
Accounts:
None.
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 9
Attachment number 1
Page 1 of 3
Item # 9
Attachment number 1
Page 2 of 3
Item # 9
Attachment number 1
Page 3 of 3
Item # 9
REVISED 2010 Solid Waste Collections Contract - Advanced
1
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: County Responsibilities 7
Section 40: &RQWUDFWRU¶V5HVSRQVLELOLWLHV 8
Section 45: Contractor¶s Representations and Warranties 8
Section 50: County Representations and Warranties 9
Section 55: OSHA and Georgia 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 Inventory 14
Section 90: Traffic Laws, Noise Control 14
Section 95: Contractor¶s Office 15
B. Collection Services
Section 100: Collection Area 16
Section 102: Days of Collection 16
Section 104: Garbage Collection 16
Section 106: Yard Waste Collection 17
Section 108: Recycling 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: County Clean Up Events 23
Section 126: Time of Collection 24
Section 128: Scheduling of Collection 24
Section 130: Work on County Property 25
Section 132: Disposal and Recycling Locations 25
Section 134: Ownership of Materials Collected 26
Section 136: Scavenging 26
Attachment number 2
Page 1 of 77
Item # 9
REVISED 2010 Solid Waste Collections Contract - Advanced
2
Section 138: Holiday 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: Contract Carts 30
Section 148: Supplying Garbage Carts 30
Section 150: Supplying Recycling Bins 31
Section 152: Cart/Bin Storage 32
Section 154: Minimum Cart/Bin Percentage 33
Section 156: Cart/Bin Replacement Cost 33
Section 158: Delinquent and Closed Accounts 33
Section 160: Meetings and Communication 33
Section 162: Program Information During Contract Start-Up 34
Section 164: Program Information 35
C. Manner of Collection
Section 200: Contractor¶s Responsibility 36
Section 210: Employee Conduct 36
Section 220: Employee Uniforms 37
Section 230: Spillage 37
Section 240: Damage Claims 38
Section 250: Customer Grievances 38
D. Reporting Requirements
Section 300: Report/Information Specifications 39
E. Compensation
Section 400: Payment for Collection Services 40
Section 410: Payment Procedure 40
Section 420: Contract Unit Price 41
Section 430: Adjustments 41
Section 440: Wage Increases for Employees 42
Section 450: Withholding and Payment of Tax Liens and Judgments 42
F. Security, Liability, Damages
Section 500: Payment 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: Indemnity 50
Section 560: Liquidated Damages 50
Attachment number 2
Page 2 of 77
Item # 9
REVISED 2010 Solid Waste Collections Contract - Advanced
3
G. Equal Opportunity/Non-Discrimination, Drug Free Work Place
Section 600: Equal Employment Opportunity 53
Section 610: Equal Employment Opportunity ± Implementation 53
Section 620: Drug-Free Workplace 54
H. Operations Plan, Emergency Plan
Section 700: Operations Plan 56
Section 710: Emergency Plan 57
I. Ancillary Provisions
Section 800: Assignment of Pledge on Monies by the Contractor 59
Section 805: Assignment, Subcontracting, Delegation of Duties 59
Section 810: Audit and Inspection 60
Section 815: Contractor Will Not Sell or Disclose Data 60
Section 820: No Publicity 60
Section 825: Contract Rights 60
Section 830: Open Records Act 61
Section 835: Interpretation 61
Section 840: Law; Venue 61
Section 845: Discretionary Waiver of Right to a Jury Trial 61
Section 850: Specific Performance and Injunctive Relief 61
Section 855: Notices 61
Section 860: Severability 62
Section 865: Interest of the Parties 62
Section 870: No Bribery 62
Section 875: Change in Control 62
Section 880: Force Majeure 63
Section 885: Dispute Resolution 64
Other Items
Signature page 65
Example from section 146 66
Exhibits 67
End of Contract 77
Attachment number 2
Page 3 of 77
Item # 9
REVISED 2010 Solid Waste Collections Contract - Advanced
4
SOLID WASTE COLLECTION CONTRACT
BETWEEN AUGUSTA, GEORGIA (AUGUSTA RICHMOND COUNTY)
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¶V Solid Waste Department] KHUHLQDIWHU ³&RXQW\´ RU
³Augusta´ and Advanced Disposal Services Augusta, LLC. of Augusta ³&RQWUDFWRU´ WR SURYLGH IRU *DUEDJH <DUG :DVWH 5HF\FOLQJ 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 the ³&RXQW\´
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. Negotiation Costs
The Contractor shall bear its own cost of negotiating this Contract and developing all
required materials. The County 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 ________________, 2005 ³(IIHFWLYH'DWH´ . The collection services will begin on January 1, 2006 (³Start Date´) and continue
for a term of five (5) years, ending at Midnight December 31, 2010. The County and
Contractor through mutual agreement may extend this Contract for two (2) successive
one (1) year periods. The County must provide Contractor a minimum of 90 days notice
of its intent to extend the Contract. If the County extends this Contract, the same terms,
conditions, and methods of payment shall apply during the extension period.
County¶VSD\PHQWREOLJDWLRQKHUHXQGHUIRUVXFFHHGLQJILVFDOSHULRGVVKDOOEHVXEMHFWWR
availability and appropriation of funds. In the event County does not appropriate funds,
at the beginning of a fiscal year for this Contract, said Contract shall terminate.
Attachment number 2
Page 4 of 77
Item # 9
REVISED 2010 Solid Waste Collections Contract - Advanced
5
Section 20: Incorporation of Exhibits
1. The Contractor and the County 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 the County, 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
Attachment number 2
Page 5 of 77
Item # 9
REVISED 2010 Solid Waste Collections Contract - Advanced
6
board, concrete, brick, metals, and other items attributed to
construction and demolition.
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.
County: Augusta, Georgia (Augusta-Richmond County, Georgia)
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.
Attachment number 2
Page 6 of 77
Item # 9
REVISED 2010 Solid Waste Collections Contract - Advanced
7
Red Tag: A notification given to the customer for the purposes of
informing/educating with the intent of eliminating future issues
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 items determined to be recyclable by the
County.
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 as approved by the County, but excludes
loose soil, Garbage, food waste, plastics, synthetic fibers, lumber,
human or animal excrement, or soil contaminated with hazardous
substances.
Section 35: County Responsibilities
The County shall be responsible for:
1. Making timely payments required by this Contract.
2. Inspecting Contractor performance, mediating and adjusting customer
grievances. The County may require special and other services as
contemplated in this Contract.
3. Specifying each FXVWRPHU¶V 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.
Attachment number 2
Page 7 of 77
Item # 9
REVISED 2010 Solid Waste Collections Contract - Advanced
8
Section 40: Contractor¶s Responsibilities
The Contractor shall be responsible for:
1. 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 permits and licenses and
required regulatory approvals (including all required by County 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 the County shall have the right to petition for an
equitable adjustment.
Section 45: Contractors Representations and Warranties
1. Organization and Qualification. 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. Authority.
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.
Attachment number 2
Page 8 of 77
Item # 9
REVISED 2010 Solid Waste Collections Contract - Advanced
9
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, permits, and other
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. 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 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
Area/Section(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 50: County Representations and Warranties
The County represents and warrants to the Contractor as follows:
1. Organization and Qualification. The County 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.
Attachment number 2
Page 9 of 77
Item # 9
REVISED 2010 Solid Waste Collections Contract - Advanced
10
2. Authority.
a. The County has the authority to execute this Contract, to make the
representations and warranties set forth in it and to perform the obligations
of the County under this Contract in accordance with its terms.
b. This Contract has been validly executed and constitutes a legally binding
and enforceable obligation of the County.
3. Government Authorizations and Consents. The County 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 the County as a prerequisite to its
execution of this Contract or its performance of its obligations contemplated
hereby.
4. Compliance With Laws. The County is not in violation of any applicable law,
ordinance or regulation, the consequence of which will or may materially
affect the CounW\¶VDELOLW\WRSHUIRUPLWVREOLJDWLRQVXQGHUWKLV&RQWUDFW7KH
County 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 the County 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 & Georgia 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
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.
Attachment number 2
Page 10 of 77
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REVISED 2010 Solid Waste Collections Contract - Advanced
11
Section 60: Vehicles Used in Collection
1. All vehicles used for collection shall be registered with the State of Georgia
Department 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 the County, in its
reasonable discretion. Vehicles shall be uniquely numbered. &RQWUDFWRU¶V
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 the County, which
may include a County 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 &RQWUDFWRU¶V
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 the County.
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, the County¶Vcodes, ordinances, and rules.
7. TKH &RQWUDFWRU¶V FROOHFWLRQ YHKLFOHV VKDOO EH XVHG RQO\ RQ WKLV &RQWUDFW,
unless advanced written approval is given by the County. The Contractor may
use collection vehicles from other sources or use Contract vehicles for other
operations only with the prior written approval of the County. Should the
County authorize either of the above mentioned approvals, at no time may
non-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 County
property. Should the County 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
Attachment number 2
Page 11 of 77
Item # 9
REVISED 2010 Solid Waste Collections Contract - Advanced
12
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 the County 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 the County. Advance notice type
shall be by fax or e-mail, or other reasonable communications as determined
by the County.
Section 65: One Vehicle One Purpose
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 the County.
Consideration will be given to Contractors wishing to:
1. Utilize multi-collection type vehicles.
2. Technology and/or processing advances.
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.
$Q\ FRQVLGHUDWLRQ UHTXHVW PXVW EH PDGH LQ ZULWLQJ 7KH &RXQW\¶V GHFLVLRQ WR WKH
consideration request shall be final and binding.
Attachment number 2
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Section 70: Disposal/Vehicle Inspections and Permits
1. The Contractor is responsible for any and all fees associated with disposal
permits, inspection fees, truck stickers, etc. These permits 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 County landfill will charge a one hundred dollar ($100) annual fee for
each disposal sticker required.
3. Prior to the Start Date, and annually thereafter, the County shall have the right
to inspect all vehicles used to perform the Contract. The vehicle shall, at a
minimum, meet the Federal Department of Transportation standards, as well
as requirements listed in this Contract. A fee or reimbursement may be
collected from the Contractor for each individual inspection in an amount not
to exceed one hundred and fifty dollars ($150) per inspection. Should a
vehicle not pass inspection, the Contractor shall remedy any inspection
deficiency identified and have the vehicle re-inspected. All expenses
associated with the repair and re-inspection shall be the sole responsibility of
the Contractor.
4. The County may do random spot inspections as it deems reasonably
necessary.
5. Should the vehicle not pass inspection, the vehicle shall not be used under this
Contract until the vehicle has been repaired and passes such re-inspection.
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. At no time shall the average age of vehicles used in the collection Contract
exceed five (5) years in age for any Contractor, the subcontractors vehicles are
attributed to the Contractor's fleet.
3. 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.
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4. 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.
5. All supervisors vehicles used to perform functions under the Contract shall be
equipped with the following in complete and sound working order:
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: Ownership of Equipment
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 the County.
2. No further encumbrance shall be placed upon any such vehicles, facilities,
equipment, and property without the prior written approval of the County.
Section 85: Asset Maintenance and Inventory
The Contractor shall provide the County, 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 the County, 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: Traffic 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.
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Section 95: Contractor¶s Office
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 County staff. Phone service shall include phone lines and
voice mail adequate to handle the citizens¶ and the Count\¶V 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/UHWXUQHGE\WKH&RQWUDFWRU¶VRIILFHVWDIIZLWKLQVL[W\ PLQXWHV2IILFHKRXUVVKDOO
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 the County.
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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;
The County 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 the County.
The County 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: Days of Collection
The Contractor shall make all collections on the days of Monday through Friday, or as
otherwise required by County due to the nature of the services provided. Any deviations
to this shall have prior written approval from the County, and the County shall have the
final and sole decision.
Section 104: Garbage 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 the County 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 segregated 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.
5. The Contractor shall collect Garbage which is placed for collections that are in
DFFRUGDQFHZLWKWKLV&RQWUDFW,WVKDOOEHWKH&RQWUDFWRU¶Vresponsibility to
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give notice to the County staff if it believes Garbage is not prepared and/or
located per the Contract specifications. Should the Contractor fail to notify
the County 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 the County.
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 the County 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
knowingly collect Yard Waste contaminated by fecal matter, unsegregated
Garbage, hazardous substances or other ineligible material.
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7. The Contractor shall collect Yard Waste which is placed for collections that
DUH LQ DFFRUGDQFH ZLWK WKLV &RQWUDFW ,W VKDOO EH WKH &RQWUDFWRU¶V
responsibility to give notice to the County staff if it believes Yard Waste is not
prepared and/or located per the Contract specifications. Should the Contractor
fail to notify the County 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: Recycling 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 the County.
3. The Contractor shall collect Recycling from designated Units which has been
placed in the appropriate Bin for collection.
4. The Contractor and the County 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
DFFRUGDQFHZLWKWKLV&RQWUDFW,WVKDOOEHWKH&RQWUDFWRU¶VUHVSRQVLELOLW\WR
give notice to the County staff if it believes Recycling is not prepared and/or
located per the Contract specifications. Should the Contractor fail to notify
the County 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 Recycling from such Units(s) as
if it was disposed of properly pursuant to the terms of this Contract.
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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.
Section 110: Bulky 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 the County 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 the County.
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
DUH LQ DFFRUGDQFH ZLWK WKLV &RQWUDFW ,W VKDOO EH WKH &RQWUDFWRU¶V
responsibility to give notice to the County staff if it believes Bulky Waste is
not prepared and/or located per the Contract specifications. Should the
Contractor fail to notify the County about a specific Unit(s) that it believes
Attachment number 2
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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
1. 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 the County 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 the County and the Contractor on a case-by-case basis to
accommodate extraordinary situations.
2. The County on a case-by-case basis may require alley collection. If alley
collection is required, the County 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. The County shall monitor any collection routes or a portion of a route on a
regular basis to determine if the Contractor is placing Carts/Bins 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 work 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 the
County and the Contractor. Any dispute over the correct placement for
individuals Handicapped/Special Needs will be finally determined by the
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County. 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 the County.
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
The County may add additional collection points within the Collection Area at its sole
option. This could include items such as County Cans, Bus Stops, Businesses, County
Buildings, or any other locations as directed by the County.
Areas of the County that were not included in WKHDZDUGHG&ROOHFWLRQ$UHD¶VPD\EH
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 the
County may negotiate to provide said services at a negotiated service level and cost.
Section 120: Force Majeure Clean Up
1. The trigger event for this section shall be when the following items are all
met:
a. The County 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, the County 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 Exhibit C of this
Contract.
4. Under this provision, the County may alter the specifications of the Garbage,
Recycling, Yard Waste, and Bulky Waste to fit the needs of the situation.
5. The County at its sole option may authorize the Contractor to temporarily
discontinue one type of service to provide additional resources to other service
types.
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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 the County.
7. 7RHVWDEOLVK³QRUPDOYROXPHV´, the County 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 PRQWK¶V average.
8. Should the County 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, Special Clean-up
1. The County 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. The County 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. The County 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. The County 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 the County.
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Section 124: County Clean-up Events
During the term hereof, Contractor shall provide the following Clean-up events at no
additional charges:
1. Summer Neighborhood ± In the Month of June, the Contractor shall provide
unlimited collection of Garbage, Yard Waste, Recycling and Bulky Waste 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.
b. Contractor shall collect Yard Waste which has 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, exceeds a maximum length of (5) feet and/or has a diameter greater
than 5 inches.
2. Winter Neighborhood ± In the Month of January, excluding the first year of
the Contract, the Contractor shall provide unlimited collection of Garbage,
Yard Waste, Recycling and Bulky Waste 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.
b. Contractor shall collect Yard Waste which has 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, exceeds a maximum length of (5) feet and/or has a diameter greater
than 5 inches.
3. 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:
Attachment number 2
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24
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 the
County 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 the County 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 the County. Maps must be defined well
enough, with enough detail, that County 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.
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5. Should the Contractor wish to alter routes or days of collection, the Contractor
shall provide the County 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
the County 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 the County
6. The County 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, the County 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 County Property
The Contractor will ensure that its employees shall, whenever on the CounW\¶VSURSHUW\
obey all instructions and directions issued by the County 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 the County when on County
property.
Section 132: Disposal and Recycling Locations
1. The Contractor shall deliver all Garbage collected under this Contract to the
CounW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
or such other locations as the County 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
the CounW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
30805, or such other locations as the County may designate, and shall deposit
the material collected in the manner directed.
3. The Contractor shall deliver all Recycling collected under this Contract to the
&RXQW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
or such other locations as the County 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
the CounW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
30805, or such other locations as the County may designate, and shall deposit
the material collected in the manner directed.
Attachment number 2
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5. All items collected and required to go to the CounW\¶V /DQGILOO VKDOO EH
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. The County shall bear all cost(s) associated with
disposal.
7. The County has the right from time to time to change the hours of operation at
the CounW\¶V/DQGILOO
8. The County 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 the County elect to change the disposal facility/location, which causes
a significant cost increase to the Contractor, the Contractor may petition the
County for an equitable adjustment. If the change in the disposal
facility/location causes a significant cost decrease to the Contractor, the
County 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 GLVSRVDOIDFLOLW\PXVWZHDUD³KDUGKDW´DWDOOWLPHV 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 the County 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 the County or
owner of said disposal facility, subject to the right of a customer to claim lost property of
value.
Section 136: Scavenging
No ³VFDYHQJLQJ´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.
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Section 138: Holiday 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
GD\DIWHU7KDQNVJLYLQJ)ULGD\¶VPDterial shall be collected on Saturday. If Christmas,
New Years Day, Memorial Day, Fourth of July, or Labor Day falls on a regularly
VFKHGXOHGZRUNGD\FROOHFWLRQVZLOOEHGHOD\HGRQHGD\DQG)ULGD\¶VPDWHULDOVVKDOOEH
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
the County.
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. The County closes for a weather related issue.
2. The County notifies the Contractor of the Count\¶V wish to have the
Contractor suspend services for weather related issues.
3. The Contractor notifies the County of the Contractors wishes to suspend
services for weather related issues. The County 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
have, 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.
Section 142: Service Disruptions ± Non Weather
A number of collection impediments may require special efforts to accomplish collection
under this Contract.
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1. On-Street Parking
Certain nHLJKERUKRRG VWUHHWV DOORZ ³RQ-VWUHHW SDUNLQJ´ ZKLFK PD\ SUHVHQW
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 the County
prior to 4:30 p.m. on the day of service. The Contractor must provide to the
County 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 144WKH³EXVLQHVVGD\´LQFOXGHV6DWXUGD\
2. Notwithstanding the foregoing, the County 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
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
Contractor will leave an explanation (red tag) to help the customer correct the
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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, the County 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 the
County 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
LisW³(/´
6. If the County transmits a ³miss´ 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 the County 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 the County that the Contractor is not
collecting these misses by noon Saturday, the County 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.
9. Failure to comply with the above stated provisions shall have Liquidated
Damages as stipulated in Section 560.
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Section 146: Contract Carts
1. The Contractor shall provide all Garbage carts for this Contract. A specific
rental rate will be charged for each Cart used under this Contract for the
current month. The cart rental rate will be the monthly rate as specified in
Exhibit B of this Contract
2. At the end the initial Contract period, the Contractors Carts shall become the
property of the County free and clear, with no further encumbrance due.
3. Should the County elect to replace the Contractors Carts with Carts provided
by the County, at any point in the Contract, the Contractor shall promptly
remove their Carts and replace them with the Carts provided by the County.
Once Carts are received by the Contractor, no further rental rates may be
charged for the Contractors Carts as defined above.
4. Should the County elect to replace the Contractors Carts, the Contractor will
be paid a proration for the month in which the (County owned) Carts were
received by the Contractor. The proration amount for each Cart received by
the Contractor shall be calculated by taking the monthly Cart rental rate in
Exhibit B and dividing it by thirty one (31) days, then multiplying that number
by the number of days from the first of the month until the date the County
Carts were received by the Contractor multiplied by the number of Carts
received. Prorations and implementation amounts will be paid as follows:
a. 0-100 Cart(s) received, the Contractor shall be paid the proration amount.
b. 101-200 Carts received, the Contractor shall be paid the proration plus
seven (7) days from the date of receipt.
c. 201-300 Carts received, the Contractor shall be paid the proration plus
fourteen (14) days from the date of receipt.
d. 301-400 Carts received, the Contractor shall be paid the proration plus
twenty one (21) days from the date of receipt.
e. In excess of 400 Carts received, the Contractor shall be paid the proration
plus thirty (30) days from the date of receipt.
Example: See Attached Example Below
Section 148: Supplying Garbage Carts
1. The Contractor will supply the Customers with Carts for distribution to the
Customer. Carts will be a water-tight plastic container that is provided by the
Contractor, that shall not be less than 95 gallons in capacity, fitted with a
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sturdy handle, roll able and a tight fitting lid, for the purpose of collecting
Garbage.
2. Carts for new customers shall be delivered within two (2) days of notification
from either the customer or the County. Carts will be delivered in a clean,
sanitary, working condition.
3. The Carts shall be provided with instructions of proper use, including any
customer actions that would void PDQXIDFWXUHU¶V warranties, such as
placement of hot ashes in the Cart causing the Cart to melt, and procedures to
follow to minimize potential fire problems. A pamphlet explaining the dos
DQGGRQ¶WV program requirements, directions for placement of the Cart, and
notification of the day of the week when the customer will receive collection
will be provided with each Cart.
4. The pamphlet containing the dos DQGGRQ¶WV program information and the
directions for placement shall be supplied by the County.
5. No other cans or Carts may be placed into service unless approved by the
County or as otherwise noted in the Contract.
6. Should a customer require a replacement Cart due to loss, stolen or damage,
the Contractor has two (2) days to replace the Cart with a Cart in clean,
sanitary, working condition. A list of lost or damaged Carts will be provided
to the County with the Monthly Report, to include address so the County may
bill the appropriate party. The Contractor is responsible for all repairs to
Carts. Only factory or approved parts may be used to repair said Carts. Any
damaged Carts, which are owned by the County, that can not be repaired by
the Contractor shall be returned to the County so they may follow the
warranty process.
7. If a customer discontinues service, the Contractor has two (2) days to collect
the Cart.
8. All Carts physically returned to the County shall be clean, sanitary, and in
working condition, unless being returned for damages beyond repair, then the
Cart must be returned clean and sanitary.
Section 150: Supplying Recycling Bins
1. The County will supply the Contractor with Bins for distribution to the
Customer. A bin is a water-tight plastic container that is provided by the
County, 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.
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2. Bins for new customers shall be delivered within two (2) days of notification
from either the customer or the County. Bins will be delivered in a clean and
sanitary condition.
3. The Bins shall be provided with instructions of proper use, including any
customer actions that would void PDQXIDFWXUHU¶V warranties, such as
placement of hot ashes in the Bin causing the Bin to melt, and procedures to
follow to minimize potential fire problems. A pamphlet explaining the dos
DQGGRQ¶WV program requirements, directions for placement of the Bin, and
notification of the day of the week when the customer will receive collection
will be provided with each Bin.
4. The pamphlet containing the dos DQGGRQ¶WV program requirements and the
directions for placement shall be supplied by the County.
5. No other cans or Bins may be placed into service unless approved by the
County or as otherwise noted in the Contract.
6. Should a customer require a replacement Bin due to loss, stolen or damage,
the Contractor has two (2) days to replace the Bin with a Bin in clean,
sanitary, working condition. A list of lost or damaged Bins will be provided
to the County with the Monthly Report, to include address, so the County may
bill the appropriate party. The Contractor is responsible for all repairs to Bins.
Only factory or approved parts may be used to repair said Bins. Any damaged
Bins that can not be repaired by the Contractor shall be returned to the County
so they may follow the warranty process.
7. If a customer discontinues service, the Contractor has two (2) days to collect
the Bin.
8. All Bins returned to the County shall be clean, sanitary, and in working
condition, unless being returned for damages beyond repair, then the Bin must
be returned clean and sanitary.
Section 152: Cart/Bin Storage
The Contractor shall provide storage space for carts and bins. The Contractor shall
provide enough space to store the equivalent of two and a half percent (2.5%) of the total
number of units serviced for the Collection Area for each type of Cart and Bin offered or
cumulative total there of.
Example
Contract Area has 5,000 units, then the Contractor shall store up to 125 garbage Carts and
125 recycling Bins = 250 total carts/Bins stored.
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Section 154: Minimum Cart/Bin Percentage
The Contractor shall keep a minimum inventory of one half of one percent (½%) of each
size Cart and Bin used under with this Contract.
Section 156: Cart/Bin Replacement Cost
The County shall have the right to charge the Contractor for the cost of repair or
replacement of Carts and/or Bins which are owned by the County, if such repair or
replacement is required as a result of abuse or damage caused by the Contractor. The
County 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 Carts/Bins will be provided to the County
with the Monthly Report so the County may bill the appropriate party. The Contractor is
responsible for all repairs to Carts/Bins. Any damaged Bins that can not be repaired by
the Contractor shall be returned to the County.
Section 158: 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 the County. Upon further written notification by the
County, the Contractor shall resume any and/or all collections on the next regularly
scheduled collection day.
Section 160: Meetings 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 pDUWLHV VKDOOEHUHIHUUHGWRDVWKH³,PSOHPHQWDWLRQ3KDVH´
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 &RQWUDFWRU¶VSHUIRUPDQFHLQLPSOHPHQWLQJWKH&RQWract, 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 the County 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 162: Program Information During Contract Start-Up
All items listed below may be generated by the County. Prior to the start date of the
Contract, the Contractor shall deliver to all Units receiving services, the materials created
by the County to address issues such as the following. This list may not be all inclusive.
1. Materials to be collected and how such materials are to be prepared.
2. Date that the customer shall begin using the new Cart/Bin that was delivered.
3. Cart and material placement information.
4. &RQWUDFWRU¶V Welephone number that customers should call for additional
information or for questions.
5. Telephone number of the County department that customers can call for
additional information or for questions.
The Contractor shall be responsible for informing the Customer of the Collections
schedule for each Unit serviced prior to the start date. The format of said information
shall be printed, and delivered to each service address via door hanger or other approved
format. The Contractor shall have approval from the County prior to any distribution of
these materials.
The above information may further be required to be attached to any new Cart/Bin
delivered or anytime that a Cart/Bin is delivered to a customer.
The County shall approve all customer information materials, promotions, and
educational activities and materials developed by the Contractor in advance of their
production, implementation, or distribution. All public information materials will
conform to the CounW\¶VJXLGHOLQHVDQGLQFOXGHWKH&ounW\¶VLGHQWLW\
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Section 164: 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 the County. The literature for
said information will be generated by the County.
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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: Employee 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 the County.
2. When the County identifies unsatisfactory conduct by an employee and the
County 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 the County 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.
3. The Contractor will notify the County of remedial action taken in its monthly
reports.
4. The County 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, the County will have the sole right to
require the removal and replacement of such employee(s) by the Contractor
and/or subcontractors. The County shall exercise such right by providing
written notice to the Contractor via U.S. Mail, fax or email. Such notice will
include the County¶VUHDVRQIRUWKHUHTXHVW
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.
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7. 7KHWHUP³SHUVRQQHO´VKDOOLQFOXGHDOOVWDIISURYLGHGE\WKH&RQWUDFWRURULWV
subcontractors who have worked or perform services under this Contract.
Section 220: Employee 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 ³ANSI´ 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
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, VXSHUYLVRUVVKDOOKDYHWKHZRUG³VXSHUYLVRU´
placed in a conspicuous place.
Section 230: Spillage
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.
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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 the County immediately.
3. Failure to comply with these requirements is subject to Section 560
Liquidated Damages.
Section 240: Damage 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 the County immediately of any damages and/or
damage claims as set forth in the section above, and shall indemnify and hold
harmless the County for same. Written notice of any damages and/or damage
claims shall be provided to the County 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, the County at its sole option may extend the
above mentioned time period. If the damage claim is deemed as Contractors
responsibility by law enforcement, their designee, or independent
individual/organization trained to investigate such items and is not resolved
within the applicable period, the County 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 the
County¶VUHTXHVWWKHUHSUHVHQWDWLYHZLOOMRLQWKHCounty 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.
Attachment number 2
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D. Reporting/Information Requirements
Section 300: Report/Information Specifications
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.
The County reserves the right to dictate format, style and to the extent possible,
standardization of all reports and information required under this Contract. The County
may require reports in hard copy and/or 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. The County further reserves the right to alter the reporting requirements from
time to time.
1. Spare vehicle utilization ± (Section 62)
2. Asset Inventory List (Section 85)
3. Handicapped/Special Needs ± as needed (Section 114)
4. Force Majeure Clean-Up ± as needed (Section 120)
5. Eviction, Vacant Lot, Special Clean-Up ± as needed (Section 122)
6. Disposal and Recycling ± as needed (Section 132)
7. Service Disruption ± as needed (Section 142)
8. Red tag, not out, etc. ± daily (Section 144)
9. Lost and/or Damaged Carts (Section 148 and 150)
10. Employee remedial action ± (Section 210)
11. Damage Claims ± (Section 240)
12. Service increase/decrease ± (Section 410)
13. CPI increase ± (Section 430)
14. Equal Employment ± (Section 600 and 610)
15. Emergency Plan ± (Section 700)
Attachment number 2
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E. Compensation
Section 400: Payment for Collection Services
1. The County 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. $8QLWZLOOEH³ELOODEOH´LQWKHFXUUHQWPRQWKLIWKH8QLWVWDUWVVHUYLFHVRQWKH
1st through the 14th GD\ RI WKH PRQWK 7KH 8QLW ZLOO EH ³ELOODEOH´ WKH
following month if the Unit starts services on the 15th through the 31st day of
the month.
3. Should a Unit sit vacant/idle, and no service rendered for a full month, then WKDW8QLWVKDOOQRWEH³ELOODEOH´DQGVKRXOGEHUHPRYHGIURPWKH&RQWUDFWRUV
monthly invoice and service list.
4. The County shall deduct any assessments due from the payment owed to the
Contractor.
5. The County shall add additional moneys owed for additional services
provided for under this Contract.
Section 410: Payment Procedure
1. The Contractor shall generate and submit a service listing of all current
customers, including service address and Cart/Bin numbers, which meets the
definition(s) provided by the Solid Waste Department, which is at least 99%
accurate by November 1, 2005.
2. The Contractor shall maintain its service listing with at least 99% accuracy,
listing any service increases or decreases meeting the above stated
requirements for the month of December, 2005.
3. The Contractor shall submit a monthly invoice to the County 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.
Attachment number 2
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5. The County shall pay the Contractor within thirty (30) days of receipt of an
undisputed invoice.
6. Payment requests shall be accompanied by:
b. 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.
c. 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.
d. 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.
e. Payment for services will not be paid until the above mentioned items
have been received.
7. Should the County 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.
Section 420: Contract Unit Price
See Exhibit B.
Section 430: Adjustments
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 ³&3,´. Means the Consumer Price Index for All Urban Consumers
³&3,-8´ Atlanta, Georgia ± Atlanta, Georgia, All Items, 1982-1984
equals 100, published by the United States Department of Labor, Bureau RI/DERU6WDWLVWLFV ³%/6´ RULWVVXFFHVVRU,I%/6GHVLJQDWHVDQLQGH[
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.
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a. The CPI Index percentage change will be determined from January 1st to
December 31st of the previous year, with an implementation of the
increase on June 1st, and every June 1st thereafter with the first increase
starting in June of 2007.
b. The Contractor must notify the County in writing by March 31st of each
year beginning March of 2007, 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 Employees
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.
Section 450: Withholding and Payment of Tax Liens and Judgments
The County 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, the County may in
its discretion institute interpleading proceedings. The County 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.
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F. Security, Liability, Damages
Section 500: Payment Bond
1. The Contractor shall furnish the County a bond with a corporate surety
acceptable to the County in the amount equal to twenty five (25%) of the
annual Contract amount. The bond shall be valid and non-cancelable for a
period not less than one (1) year and the Contractor shall provide a new bond,
or evidence satisfactory to the County of the renew ability of the current bond
at least forty five (45) calendar days before it expires.
2. The initial payment bond must be in place fifteen (15) days prior to the Start
Date of the Contract.
3. The bond shall be for the use and benefit of the County, with a surety
company authorized to do business in the State of Georgia and acceptable to
the County. 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 the County a bond with a corporate surety
acceptable to the County in the amount equal one hundred percent (100%) of
the annual Contract amount. The bond shall be valid and non-cancelable for a
period not less than one (1) year and the Contractor shall provide a new bond,
or evidence satisfactory to the County of the renew ability of the current bond
at least forty five (45) calendar days before it expires.
2. The initial payment bond must be in place fifteen (15) days prior to the Start
Date of the Contract.
3. The bond shall be for the use and benefit of the County, with a surety
company authorized to do business in the State of Georgia and acceptable to
the County. Said bond shall be conditioned that should such Contractor
faithfully perform 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.
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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 the County, 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 County 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. 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, the County shall give notice to the
Contractor and its surety. Within 7 days, Contractor may demand a 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 the County, why the
Contractor should not be declared to be in default of this Contract, the County
may make a declaration of default. In evaluating whether to make such a
declaration of default, the County shall, in its discretion, consider the severity
of the alleged violations, and the overall performance of the Contractor under
the Contract.
3. In declaring the Contractor to have defaulted on the Contract, the County also
may order the Contractor to discontinue further performance of work under
the Contract and transfer the obligation to perform such work from the
&RQWUDFWRUWRWKHVXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGDQGWDNHDQ\
other action it deems advisable.
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4. Under receipt of a notice that the work has been transferred to the surety
without termination of the Contract, the surety shall take possession of all
materials and equipment described in the most recent inventory submitted to
the County pursuant to Section 85 hereof, for the purpose of completing the
work under the Contract, employ, by the Contract or otherwise, any person
and/or all persons needed to perform the work; and provide materials and
equipment required therefore. Such employment shall not relieve the surety
of its obligations under the Contract of bond. If there is a transfer to the
surety, payments shall be made to the surety or its agent for all work
performed under the Contract subsequent to such transfer, in amounts equal to
those that would have been made to the Contractor had it performed in the
manner and to the extent of thHVXUHW\¶VSHUIRUPDQFHDQGWKHContractor shall
have no claim upon the same.
5. ,QWKHHYHQWWKHVXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGIDLOVWRDVVXPH
or continue performance within two (2) days after its receipt of notice that the
work has been transferred to such surety, the Contractor shall be deemed to
have leased, subleased, or otherwise license the County to use all, or whatever
portion is desired by the County, of the materials and equipment described on
the most recent inventory submitted to the County pursuant to Section 85
hereof, for collection (and processing) purposes for a period of up to one (1)
year following the date of the declaration of default by the County without
requiring the County to execute any other document whatsoever to accomplish
such lease, sublease, or license and without requiring the County to post any
bond, pledge, deposit or other security for such equipment and materials, but
upon the condition that the County pay for the equipment and materials
actually used for such collection a market rental that is no greater than (i) the
monthly lease, in the event such property is leased by the Contractor, (ii) the
periodic installment, in the event such property is being acquired under a
purchase Contract, (iii) the periodic financing interest and principal, in the
event such property is being acquired under a purchase Contract, or (iv) the
financing arrangement; provided, that under no circumstances shall the
County be liable during its use of such property for any arrearages, balloon
payment, accrued interest, accelerated charges in the event of a default, or
other extraordinary payment; nor shall the satisfaction thereof be a condition
of the County¶V LQWHULP XVH RI VXFK SURSHUW\ SURYLGHG IXUWKHU WKDW VXFK
lease, sub-lease, or license shall be suspended the date the surety on the
&RQWUDFWRU¶VERQGRULWVDJHQWDFFHSWVWKHWUDQVIHURIZRUNXQGHUWKH&RQWUDFW
6. In the event the County 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 the County shall retain such difference;
but in the event such cost to the County is greater, the Contractor and its
surety shall be liable for and pay the amount of such excess to the County.
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7. All payments due the Contractor at the time of default, less amounts due the
County from the Contractor, shall be applied by the County against damages
suffered and expense incurred by the County to reason of such default, any
excess shall be paid to the Contractor unless otherwise provided herein.
8. 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
WKH&RQWUDFWRU¶VFRQWURO, as defined in section 880, shall not be deemed to be a
default and the rights and remedies of the County provided for herein shall be
inapplicable; provided that all labor disputes as defined in section 880 hereof VKDOOQRWEHFRQVLGHUHGDFDXVHEH\RQGWKH&RQWUDFWRU¶VFRQWURO as defined in
section 880.
Section 530: Commitment of Equipment
1. Unless a replacement or substitute is provided, all vehicles, facilities,
HTXLSPHQWDQGSURSHUW\LGHQWLILHGLQWKH&RQWUDFWRU¶VLQYHQWRU\XQGHU6HFWLRQ
85 for use in the performance of WKLV&RQWUDFW FDOOHG³VXFKSURSHUW\´ VKDOO
be available for use in collecting Garbage, Yard Waste, Recycling, and Bulky
Waste. When provided, this Section applies to the replacement and substitute.
2. For the duration of this Contract, any document (including a lease to or by the
Contractor, financing Contract, acquisition over time, mortgage, or other
instrument establishing a security interest) that encumbers or limits the &RQWUDFWRU¶VLQWHUHVWLQVXFKSURSHUW\VKDOO
a. Allow the surety on the Contractor¶VSHUIRUPDQFHERQGWRWDNHRYHUWKH
&RQWUDFWRU¶V REOLJDWLRQV DQG WR FRQWLQXH WKH XVH RI WKH HTXLSPHQW LQ
service for performance of the Contract;
b. $OORZWKH&RXQW\WRWDNHRYHUWKH&RQWUDFWRU¶VREOLJDWLRQVDQGWRFRQWLQXH
the use of the equipment in service for performance of the Contract;
c. Exempt the County from liability during its usage of such property for
arrearages, balloon payments, accrued interest, accelerated charges on
account of a default, or other extraordinary payments, and not make
satisfaction thereof a condition of the County¶VLQWHULPXVDJH DQG
d. Forbare DQ\ IRUHFORVXUH WUXVWHH¶V VDOH RU RWKHU GLVSRVVHVVLRQ RI WKH&RQWUDFWRU¶VLQWHUHVWLQVXFKSURSHUW\ZLWKRXWJLYLQJERWKWKHCounty and VXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGVL[W\ 60) days prior notice,
DQG WKHQ PDNH DQ\ WHUPLQDWLRQ RI WKH &RQWUDFWRU¶V LQWHUHVW LQ VXFK
property pursuant to such action or the enforcement thereof subject to the
requirement of Subsections 1, 2, and 3 of this section.
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3. To assure compliance with this Section, the Contractor shall submit to the
County for review and approval or disapproval prior to execution all contracts,
leases, or other documents for acquisition of, or encumbering or limiting the
&RQWUDFWRU¶VLQWHUHVWLQVXFKSURSHUW\RUIRUUHSODFHPHnts thereof and any
proposed agreement that would encumber or transfer any interest of the &RQWUDFWRU LQ VXFK SURSHUW\ EHIRUH WKH &RQWUDFWRU¶V H[HFXWLRQ RI VXFK
agreement. The County¶VDSSURYDOVKDOOQRWEHXQUHDVRQDEO\ZLWKKHOG
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 the County evidence
of a policy or policies of insurance as enumerated below, which name the
County as an additional insured:
2. A policy of Commercial General Liability Insurance, written on an insurance
industry standard occurrence form, including the following FRYHUDJH¶V:
a. Premises/Operations Liability
b. Products/Completed Operations Liability
c. Personal/Advertising 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 Aggregate
d. $1,000,000 Personal & Advertising Injury
e. $250,000 Fire Damage
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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
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 Georgia Annotated.
Such policy must provide the following minimum limits:
a. Statutory coverage for injuries and occupational disease.
b. (PSOR\HU¶V/LDELOLW\.
7. Any deductible or self-insured retention must be disclosed and is subject to
approval by the County. The cost of any claim payments falling within the
deductible shall be the responsibility of the Contractor.
8. If any such policy is written on a ³&laims 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 ³Claims 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 the County with proof of renewal. If
renewal of the claims made form of coverage becomes unavailable, or
economically prohibitive, Contractor shall purchase an extended reporting
SHULRG ³WDLO´ RUH[HFXWHDQRWKHUIRUPRIJXDUDQWHHDFFHSWDEOHWRWKHCounty
to assure financial responsibility for liability for services performed.
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a. Additional Insured and Primary Insurance Provisions:
Such insurance, as provided under items (1), and (2) above, shall be
endorsed to include the County, 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 the County.
,QDGGLWLRQ&RQWUDFWRU¶VLQVXUDQFHVKDOOEHSULPDU\DQGDQ\RWKHU
insurance maintained by the County 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 the County 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
commercial general liability policy a form CG 2010 (ISO) or
equivalent.
iii. A copy oIWKH³(QGRUVHPHQW)RUP/LVW´WRWKHSROLF\RUSROLFLHV
showing endorsements issued on the policy, and including any
company-specific or manuscript endorsements.
iv. A copy of an endorsement stating that the FRYHUDJH¶V provided by this
policy to the County 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 the County.
v. $FRS\RID³6HSDUDWLRQRI,QVXUHG´RU³6HYHUDELOLW\RI,QWHUHVW´
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 the County as
to company (must be rated A- 9,,RUKLJKHULQWKH$0%HVW¶V.H\5DWLQJ
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
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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 the County 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 FRYHUDJH¶V 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: Indemnity
The Contractor(s) shall defend, indemnify and save harmless the County and the
County¶V 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 (collectively ³ORVVHV´ 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 the County or the County¶VDJHQWVDQGDOOWKLUG
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 of)
the presence of the Contractor or its subcontractors or their property, employees or
agents, upon or in proximity to the property of the County or any other property (upon
which the Contractor is performing any work called for), except only those losses
resulting solely from the negligence of the County.
Section 560: Liquidated Damages ± Reasonable pre-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.
The County and Contractor expressly agree that the potential harm or injury to
the County caused by the following incidents of substandard performance are
difficult or impossible to accurately estimate. The County and Contractor
stipulate that the following damages are a reasonable pre-estimate of the
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probable loss to the County 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 payment
to the Contractor.
3. This section will be effective on and after February 1, 2006.
a. Performance
Standard
(Omission): Not placing Carts/Bins back in their original locations in a
neat and orderly manner, Carts/Bins upright, and
thoroughly emptied. (Section 114)
Damage: $25 per incident
b. Performance
Standard
(Omission): Commencement or completion of collections outside of
contract specifications except as expressly permitted
herein. (Section 126)
Damage: $100 per incident (each truck is a separate incident plus
starting early and ending late will be considered two
events)
c. Performance
Standard
(Omission): Failure to collect spillage. (Section 230)
Damage: $100 per incident per day (each Unit represents a separate
incident)
d. Performance
Standard
(Omission): Failure to collect missed Garbage, Yard Waste, Recycling
or Bulky Waste pursuant to this Contract. (Section 144)
Damage: $25 per incident to a maximum of $500 per truck per day
for each type of collection (Garbage, Yard Waste, etc.)
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e. Performance
Standard
(Omission): Failure to deliver or replace Carts/Bins as specified in the
Contract. (Sections 148 and 150.)
Damage: $25 per Carts/Bins per day.
f. Performance
Standard
(Omission): Failure to start the Contract on the Start Date.
Damage: $5,000 per day.
g. Performance
Standard
(Omission): Mixing of Contract waste with non-contract waste. (Section
60)
Damage: $5,000 per event
h. Performance
Standard
(Omission): Intentional disposal of Yard Waste and/or Recycling
Materials placed in a collection vehicle collecting Garbage.
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 the
County 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 the County from recovering other damages in addition to the
payments made hereunder which the County can document as being
attributable to the above referenced failures. In addition to other costs that
may be recouped, the County 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.
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G. Equal Opportunity/Non-Discrimination, Drug Free Work Place
Section 600: Equal Employment Opportunity
1. The Contractor shall not discriminate against any employee or applicant for
employment 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 the County of any alleged
violation(s) of employment 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 the County of the final disposition
of such cases within ten (10) days of becoming aware of the final disposition.
Section 610: Equal Employment Opportunity ± Implementation
1. The Contractor shall obtain in writing from each subcontractor or participant
in a joint venture, an affirmative action policy or program and retain such
written policy or program for inspection by the County.
2. The Contractor shall be responsible for the compliance of subcontractors or
joint ventures. Appropriate sanctions for noncompliance will be imposed on
the Contractor. The requirements for the Contractor apply to subcontractors, UHJDUGOHVVRIWLHU7KH&RQWUDFWRU¶VUHVSRQVLELOLW\LQFOXGHVREWDLQLQJHTXDO
employment opportunity documentation from subcontractors or joint ventures
and reviewing the same as to validity and compliance. The Contractor shall
VXEPLWVXFKGRFXPHQWDWLRQFRQFXUUHQWZLWKWKH&RQWUDFWRU¶VRZQVXEPLWWDOV
3. The Contractor will, prior to commitment and during the term of this Contract,
furnish to the County upon their request and on such form as may be provided
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by the County, a report of the affirmative action taken by the Contractor in
implementing the terms of these provisions, and will permit access to their
records of employment, employment advertisements, application forms, other
pertinent data records requested by the County for the purpose of investigation
to determine compliance with this provision. If upon investigation, the
County finds probable cause to believe that the Contractor has failed to
comply with any of the terms of these provisions, the Contractor and the
County shall be so notified in writing. The County shall give the Contractor
an opportunity to be heard, after ten (10) days notice. If the County finds
cause, the County may suspend the Contract and/or withhold any funds due or
to become due to the Contractor, pending compliance by the Contractor with
the terms of these provisions. Failure to comply with any of the terms of these
provisions shall be a material default of the Contract.
4. The foregoing provisions will be inserted in all subcontracts for work covered
by this Contract.
Section 620: Drug ±Free Workplace
1. The County 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
GDQJHUV RI GUXJ DEXVH LQ WKH ZRUNSODFH LL WKH &RQWUDFWRU¶V SROLF\ RI
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;
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.
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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.
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H. Operations Plan, Emergency Plan
Section 700: Operations Plan
1. After the Contract has been awarded and no less than ninety (90) days prior to
the Start Date, the Contractor shall prepare and submit to the County a
comprehensive and detailed Operations Plan, which describes in detail all
tasks, procedures and resources associated with the transition from the
&RXQW\¶VFXUUHQWContract for Garbage, Yard Waste, Recycling and Bulky
Waste collection to the awardees of this Contract. The Operations Plan, once
approved by the County, will become a part of this Contract.
2. The Operations Plan shall spell out in detail all costs, steps, tasks, activities,
events, procedures and resources necessary for the Contractor to provide for a
smooth and efficient transition from the County¶VFXUUHQWservice providers to
the Contractor awardees, with minimum disruption to the County¶V&XVWRPHU.
The Operations Plan will further contain a time line and completion date for
all such tasks and activities. The Contractor will ensure that certain essential
operations as set forth in the Operations Plan will not be interrupted by any
part of the transition. The Contractor shall seek the County¶V LQput in
developing the Operations Plan, and the Operations Plan shall not be deemed
final until accepted in writing by the County.
3. The Operations Plan shall be maintained by the Contractor, and shall be
updated and submitted to the County on a weekly basis throughout the
implementation phase to reflect the current status of all work. Aside from
updates to show tasks accomplished, no changes to the Operations Plan shall
be made without the prior written approval of the County.
4. The County shall have the right to audit, on its own behalf or through agents,
the Operations Plan and the progress of all work throughout the
implementation. The County or its agents shall be entitled to conduct audits
as it sees fit.
5. The Contractor will adhere to the schedule set forth in Operations Plan
regarding the transition and implementation of its Garbage, Yard Waste,
Recycling, and Bulky Waste. There shall be no extensions of the time periods
or completion dates set forth in the Operations Plan without the County¶V
written consent.
6. When stating days in the Operations Plan, it is to be based on Calendar Days.
7. Throughout the implementation phase weekly reports will be made to the
County regarding the progress of the transition.
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8. Samples of items to include in the operations plan would be;
a. Acquiring assets, preparing assets for collection, scheduling asset
inspections, etc.
b. Asset Inspections.
c. Developing asset inventory lists.
d. Setting up contractors offices.
e. Ensuring disposal stickers are purchased, and placed on vehicles.
f. Setting up routes, and creating service maps.
g. Procedures for notifying customers of new collection days.
h. Procedures for orientation of collection and Cart/Bin delivery personnel
including route coordination/cooperation with County staff.
i. Identifying handicapped/special needs customers.
j. Procedures for transmitting information to and from the County and the
Contractor
k. Procedures for applying, appealing and reversing liquidated damages.
l. Standards for electronic transfer of information.
m. Acquisition of bonds and insurance.
n. Developing an emergency plan.
Section 710: Emergency Plan
1. At least thirty (30) days prior to the Start Date, the Contractor shall submit an
Emergency Plan to the County which shall detail those actions which the
Contractor will take to deal with emergency situations such as extreme cold
temperatures, snow/ice, fire, or natural disaster which would require a
deviation from normal operating procedures.
2. The Emergency Plan shall also include emergency phone numbers of the
Contractor, and for key contact persons, such that a responsible contact person
is available to the County at all times. The Emergency Plan must also include
customer notification procedures.
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3. Upon submission of the Emergency Plan to the County, the County shall
approve or reject the Emergency Plan. If the Emergency Plan is rejected, the
Contractor and the County will begin negotiations to develop a mutually
agreeable Emergency Plan prior to the Start Date of the Contract.
4. The emergency plan shall be updated annually in the month of January.
Additional updates are required when items in the plan change or need
updated.
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I. Ancillary Provisions
Section 800: Assignment of Pledge of Monies by 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 thirty (30) days prior written notice to the
County RIVXFKDVVLJQPHQWVRUSOHGJHWRJHWKHUZLWKDFRS\RIWKHVXUHW\¶VDSSURYDO(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, Subcontracting, 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 the County. The Counties 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 the County, which approval may be withheld in the County¶V VROH
discretion. Notwithstanding the foregoing, the County¶VDSSURYDOVKDOOQRW
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 the
County 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 collection with the County for the portion of the County 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 the County for the satisfactory performance of the work
assumed. The County may condition its approval upon the delivery by the
assignee, subcontractor or other obligor of its covenant to the County 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 the County.
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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 the County
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, the County 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
&RQWUDFWRU¶VFRPSOLDQFHZLWKDOOWKHWHUPVDQGFRQGitions of the Contract.
2. During the term of the Contract, the County shall have the right to inspect any
item deemed necessary to ensure that Contract provisions are/were being met.
This can include, but is not limited to; site visits to the office or other
locations used under this Contract, disposal locations, field, shop inspections
or equipment, etc.
Section 815: Contractor Will Not Sell or Disclose Data
The Contractor will treat as confidential information, all data in connection with the
Contract. County data processed by the Contractor shall remain the exclusive property of
the County. The Contractor will not reproduce, copy, duplicate, disclose or in any way
treat the data supplied by the County in any manner except as contemplated by this
Contract.
Section 820: No Publicity
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 the
County. The Contractor, its agents or representatives shall not reference this Contract or
the County in any manner without the prior written consent of the County.
Section 825: Contract Rights
1. The parties reserve the right to amend this Contract from time to time by
mutual agreement in writing.
2. Rights under this Contract are cumulative, and in addition to rights existing at
common law.
3. Payment by the County and performance by the Contractor do not waive their
Contract rights.
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4. Failure by either party on any occasion to exercise a Contract right shall not
forfeit or 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.
Section 830: Open Records Act
Contractor acknowledges that County records including this Contract are subject to
*HRUJLD¶V 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: Discretionary Waiver of Right to a Jury Trial
The Contractor and County 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 850: Specific Performance and Injunctive Relief
The Contractor agrees that the services are critical to the County¶VRSHUDWLRQDQGWKDW
monetary damages are not an adequate remedy for the Contractors failure to provide
services as required by the Contract, nor could damages be the equivalent of the
performance of such obligation. Accordingly, the Contractor hereby consents to an order
granting specific performance of such obligations of the Contractor in a court of
competent jurisdiction within the State of Georgia. The Contractor further agrees that a
failure by it to perform the services in the manner required by the Contract will entitle the
County to injunctive relief.
Section 855: Notices
1. All official notices or approvals shall be in writing. Unless otherwise
directed, notices shall be delivered by messenger, by certified or registered
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mail, return receipt requested, or by fax to the parties at the following
respective addresses:
To the County: 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: Severability
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 Bribery
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 the County in connection with the Contract.
Section 875: Change in Control ± Legal Counsel
1. ,QWKHHYHQWRIDFKDQJHLQ³&RQWURO´RIWKH&RQWUDFWRU DVGHILQHGEHORZ WKH
County shall terminate the Contract for default unless the County has granted
prior written approval. Such approval shall be at the sole discretion of the
County. Any approval by the County 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 the County within ten (10) days after it
becomes aware that a change in Control will occur. As used in the Contract, WKHWHUP³&RQWURO´VKDOOPHDQWKHSRVVHVVLRQGLrect or indirect of either;
Attachment number 2
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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 Majeure
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,
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 the County 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, the County may terminate this Contract.
Attachment number 2
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4. Strikes, slow-downs, walkouts, lockouts and individual disputes are not
excused under this provision.
Section 885: Dispute 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. The
County 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,
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.
Attachment number 2
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____________________________
___________________________________ Augusta, Georgia (Augusta-
Richmond County, Georgia)
By:__________________________
As its Mayor
Attest:
_________________________________
Clerk of Commission
The foregoing Contract is hereby executed by the below-listed parties:
Contractor:___________________
By:_________________________
As its:_______________________
Sworn to and subscribed before me this _____ day of
____________________, 2005.
_______________________________
Notary Public
My Commission Expires:__________________
Attachment number 2
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66
Example From Section 146
Assumptions
1. Cart rental rate in Exhibit B = $2.00
2. County elects to replace 250 carts.
3. Carts were received by the contractor on the 15th of the month.
Calculations
Proration Amount
1. ($2.00/31) = $.0645 (cents per day per cart)
2. ($.0645*15) = $.9675 (prorated amount per cart based on date received)
3. ($.9675*250) = $241.88 (amount owed based on prorated amount and the
number of carts)
Implementation Amount
1. ($.0645*14) = $.903 (prorated amount multiplied by allowed implementation
days)
2. ($.903*250) = $225.75 (amount owed based on 14 days implementation
multiplied by 250 carts)
Total owed to Contractor
$241.88 for prorated amount plus $225.75 for implementation period = $467.63
5. The County may ship the Contractor Carts which are assembled, unassembled,
in single, limited, or truckload quantity.
6. All cost(s) associated with assembly and delivery of said carts shall be that of
the Contractor.
Attachment number 2
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Exhibit A: Collection Area(s)
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Exhibit B: Rate Table
Services Twice per week Once per week
Garbage $7.69
Recycling $1.60
Yard Waste $3.75
Bulk Waste $0.59
Monthly Collections Cost $13.63
Additional Services Monthly
Cart Rental Fee (per garbage cart provided by Contractor)$1.25
Extra Garbage Collection (per additional cart serviced)$3.75
Extra Recycling Collection (per additional cart serviced)$1.00
Attachment number 2
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Exhibit C: Force Majeure 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
Regular 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 by Contractor Regular 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
Attachment number 2
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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
Regular 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 Regular 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
Attachment number 2
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CORPORATE CERTIFICATE
I, ______________________________ certify that I am the Secretary of the corporation
named as Contractor in the attached Contract; that _______________________________
who signed said Contract on behalf of the Contractor was then _____________________
of said corporation; that said proposal was duly signed for and in behalf of said
corporation by authority of its Board of Directors, and is within the scope of its corporate
powers; that said corporation is organized under the laws of the State of
_________________________.
This ____ day of _______________,2005
Corporate
Secretary:______________________________________
(name signed)
________________________________________
(name printed or typed)
(SEAL)
Attachment number 2
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72
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of ____________________ County of ____________
I, ________________________________ being first duly sworn, deposes and says that:
He or she is _______________________ of___________________, the Bidder that has
submitted the attached Bid:
He or she is fully informed respecting the preparation and contents of the attached Bid
and of all pertinent circumstances respecting such Bid.
Such Bid is genuine and is not a collusive or sham Bid;
Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this Affiant, has in any way colluded,
conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person
to submit a collusive or sham Bid in connection with the Contract for which the attached
Bid has been submitted or to refrain from bidding in connection with such Contract, or
has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Bidder, firm or person to fix the price or
prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost
element of the Bid price or the Bid price of any other Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City
of Augusta or any person interested in the proposed Contract; and
Continued to the next page
Attachment number 2
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73
The price or prices quoted in the attached Bid are fair and proper and are not tainted by
any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or
any of its agents, representatives, owners, employees, or parties in interest, including this
Affiant.
BIDDER:________________________________
By:_____________________________________
(name signed)
________________________________________
(name printed or typed)
Date:____________________________________
Subscribed and sworn to me this ____ day of _________________, 2005
NOTARY PUBLIC: _____________________________
(name signed)
______________________________________________
(name printed or typed)
Commission Expires: ____________________________
(SEAL)
Attachment number 2
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74
NONCOLLUSION AFFIDAVIT OF SUBCONTRACTOR
State of______________________________
County of
I, ________________________________ being first duly sworn, deposes and says that:
1. He or she is ___________________________________________________
(Owner, Partner, Officer. Representative, or Agent)
RIBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBKHUHLQDIWHUUHIHUUHGWRDVWKH³6XEFRQWUDFWRU´
2. He or she is fully informed respecting the preparation and contents
of the SubcontractoU¶V3URSRVDOVXEPLWWHGE\WKH6XEFRQWUDFWRUWRBBBBBBBBBBBBB
the Contractor for certain work in connection with the _________________________
Contract pertaining to the Project in _____________________________
3. 6XFK6XEFRQWUDFWRU¶V3URSRVDOLVJHQXLQHand is not a collusive or sham Proposal;
4. Neither the Subcontractor nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, has in any way
colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm
or person to submit a collusive or sham Proposal in connection with such Contract or to
refrain from submitting a Proposal in connection with such Contract, or has in any
manner, directly or indirectly, sought by unlawful agreement or connivance with any RWKHU%LGGHUILUPRUSHUVRQWRIL[WKHSULFHRUSULFHVLQVDLG6XEFRQWUDFWRU¶V3URSRVDORU
to secure through collusion, conspiracy, connivance or unlawful agreement any
advantage against Augusta-Richmond County or any person interested in the proposed
Contract; and
5. 7KHSULFHRUSULFHVTXRWHGLQWKH6XEFRQWUDFWRU¶V3URSRVDODUHIDLUDQGSURSHUDQGDUH
not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of
the Bidder or any of its agents, representatives, owners, employees, or parties in interest,
including this affiant.
(Signed) ______________________________________
(Title)________________________________________
Subscribed and Sworn to before me this _________ day of _________, 2005
________________________________________
________________________________________ (Title)
My commission expires __________________________
(Date) (SEAL)
Attachment number 2
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75
NOTICE OF AWARD
To: Mark Odekirk ± Advanced Disposal Services Augusta, LLC
5734 Columbia Road
Grovetown, GA. 30813
Project Description: ³6ROLG:DVWH&ROOHFWLRQV&RQWUDFW´
The Owner has considered the Bid submitted by you for the above-described work in response to
its Invitation to Bid and Information from Bidders.
You are hereby notified that your Bid has been accepted for items in the amount
determined by the contract based on the financial bids submitted for this contract, which will
become a part of this Contract as Exhibit B, C, and D.
You are required by the Information for Bidders/Contract Documents to execute the Agreement
DQGIXUQLVKWKHUHTXLUHG&RQWUDFWRU¶V3HUIRUPDQFH%RQG3D\PHQW%RQGDQGFHUWLILFDWHVof
insurance within fifteen (15) calendar days prior to the start date of the contract. However, in any
FDVHD³1RWLFHWR3URFHHG´ZLOOQRWEHJLYHQXQWLOWKHDERYHPHQWLRQHGLWHPVDUHUHFHLYHG(DUO\
delivery of said documents will expedite the contracting process. Augusta recommends
VXEPLVVLRQRIWKHUHTXLUHGERQGVDQGLQVXUDQFHZLWKWKHH[HFXWHG³1RWLFHRI$ZDUG´7KHVH
items may have an effective date of January 1, 2006.
If you fail to execute said Contract within thirty (30) days from the date of this Notice, Augusta
will be entitled to consider all your rights arising out of the Counties acceptance of your Bid as
abandoned and such other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the County.
Dated this 10th day of October, 2005.
Augusta-Richmond County_____________________________
By:_________________________________________________
Name and Title: Geri Sams, Director of Procurement_________
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by __________________ this the
_____ day of __________________,2005.
By: _____________________________________________
Name and Title: _____________________________________
Attachment number 2
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76
NOTICE TO PROCEED
To: Mark Odekirk ± Advanced Disposal Services Augusta, LLC
5734 Columbia Road
Grovetown, GA. 30813
Project Description: ³6olid Waste Collections Contract´
You are hereby notified to commence work in accordance with the contract dated
_______________, 2005, on or before January 1,2006 and you are to comply with all
terms, conditions, provisions, etc. as identified in the executed Contract.
Dated this ______day of___________________________,2005.
Augusta Richmond County___________________
By: _____________________________________
Name and Title:____________________________
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by________________
this the _____ day of ___________________, 2005.
By:__________________________________________
Name and Title:________________________________
Attachment number 2
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&(57,),&$7(2)$8*867$¶6 ATTORNEY
I, the undersigned, Stephen E. Shepard, the duly authorized and acting legal
representative of Augusta-Richmond County, do hereby certify as follows:
I have examined the attached Contract(s) and surety bonds and the manner of
execution thereof, and I am of the opinion that each of the aforesaid agreements
has been duly executed by the proper parties thereto acting through their duly
authorized representatives; that said representatives have full power and
authority to execute said agreements on behalf of the respective parties named
thereon; and that the foregoing agreements constitute valid and legally binding
obligations upon the parties executing the same in accordance with terms,
conditions and provisions thereof.
____________________________
(Signature)
Date:________________________
End of Contract
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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: County Responsibilities 7
Section 40: &RQWUDFWRU¶V5HVSRQVLELOLWLHV 8
Section 45: Contractor¶s Representations and Warranties 8
Section 50: County Representations and Warranties 9
Section 55: OSHA and Georgia 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 Inventory 14
Section 90: Traffic Laws, Noise Control 14
Section 95: Contractor¶s Office 15
B. Collection Services
Section 100: Collection Area 16
Section 102: Days of Collection 16
Section 104: Garbage Collection 16
Section 106: Yard Waste Collection 17
Section 108: Recycling 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: County Clean Up Events 23
Section 126: Time of Collection 24
Section 128: Scheduling of Collection 24
Section 130: Work on County Property 25
Section 132: Disposal and Recycling Locations 25
Section 134: Ownership of Materials Collected 26
Section 136: Scavenging 26
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Section 138: Holiday 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: Contract Carts 30
Section 148: Supplying Garbage Carts 30
Section 150: Supplying Recycling Bins 31
Section 152: Cart/Bin Storage 32
Section 154: Minimum Cart/Bin Percentage 33
Section 156: Cart/Bin Replacement Cost 33
Section 158: Delinquent and Closed Accounts 33
Section 160: Meetings and Communication 33
Section 162: Program Information During Contract Start-Up 34
Section 164: Program Information 35
C. Manner of Collection
Section 200: Contractor¶s Responsibility 36
Section 210: Employee Conduct 36
Section 220: Employee Uniforms 37
Section 230: Spillage 37
Section 240: Damage Claims 38
Section 250: Customer Grievances 38
D. Reporting Requirements
Section 300: Report/Information Specifications 39
E. Compensation
Section 400: Payment for Collection Services 40
Section 410: Payment Procedure 40
Section 420: Contract Unit Price 41
Section 430: Adjustments 41
Section 440: Wage Increases for Employees 42
Section 450: Withholding and Payment of Tax Liens and Judgments 42
F. Security, Liability, Damages
Section 500: Payment 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: Indemnity 50
Section 560: Liquidated Damages 50
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G. Equal Opportunity/Non-Discrimination, Drug Free Work Place
Section 600: Equal Employment Opportunity 53
Section 610: Equal Employment Opportunity ± Implementation 53
Section 620: Drug-Free Workplace 54
H. Operations Plan, Emergency Plan
Section 700: Operations Plan 56
Section 710: Emergency Plan 59
I. Ancillary Provisions
Section 800: Assignment of Pledge on Monies by the Contractor 59
Section 805: Assignment, Subcontracting, Delegation of Duties 59
Section 810: Audit and Inspection 60
Section 815: Contractor Will Not Sell or Disclose Data 60
Section 820: No Publicity 60
Section 825: Contract Rights 60
Section 830: Open Records Act 61
Section 835: Interpretation 61
Section 840: Law; Venue 61
Section 845: Discretionary Waiver of Right to a Jury Trial 61
Section 850: Specific Performance and Injunctive Relief 61
Section 855: Notices 61
Section 860: Severability 62
Section 865: Interest of the Parties 62
Section 870: No Bribery 62
Section 875: Change in Control 62
Section 880: Force Majeure 63
Section 885: Dispute Resolution 64
Other Items
Signature page 65
Example from section 146 66
Exhibits 67
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SOLID WASTE COLLECTION CONTRACT
BETWEEN AUGUSTA, GEORGIA (AUGUSTA RICHMOND COUNTY)
AND AUGUSTA DISPOSAL & RECYCLING, INC.
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¶V Solid Waste Department] KHUHLQDIWHU ³&RXQW\´ RU
³Augusta´ and Augusta Disposal & Recycling, Inc. RI $XJXVWD ³&RQWUDFWRU´ WR
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
Augusta Disposal & Recycling, Inc. and the ³&RXQW\´
This Contract engages Augusta Disposal & Recycling, Inc. of Augusta to collect
Garbage, Yard Waste, Recycling and Bulky Waste from Units within the Collection
Area.
Section 10. Negotiation Costs
The Contractor shall bear its own cost of negotiating this Contract and developing all
required materials. The County 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 ________________, 2005 ³(IIHFWLYH'DWH´ . The collection services will begin on January 1, 2006 (³Start Date´) and continue
for a term of five (5) years, ending at Midnight December 31, 2010. The County and
Contractor through mutual agreement may extend this Contract for two (2) successive
one (1) year periods. The County must provide Contractor a minimum of 90 days notice
of its intent to extend the Contract. If the County extends this Contract, the same terms,
conditions, and methods of payment shall apply during the extension period.
&RXQW\¶VSD\PHQWREOLJDWLRQKereunder for succeeding fiscal periods shall be subject to
availability and appropriation of funds. In the event County does not appropriate funds,
at the beginning of a fiscal year for this Contract, said Contract shall terminate.
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Section 20: Incorporation of Exhibits
1. The Contractor and the County 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 the County, 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
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board, concrete, brick, metals, and other items attributed to
construction and demolition.
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.
County: Augusta, Georgia (Augusta-Richmond County, Georgia)
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.
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Red Tag: A notification given to the customer for the purposes of
informing/educating with the intent of eliminating future issues
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 items determined to be recyclable by the
County.
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 as approved by the County, but excludes
loose soil, Garbage, food waste, plastics, synthetic fibers, lumber,
human or animal excrement, or soil contaminated with hazardous
substances.
Section 35: County Responsibilities
The County shall be responsible for:
1. Making timely payments required by this Contract.
2. Inspecting Contractor performance, mediating and adjusting customer
grievances. The County may require special and other services as
contemplated in this Contract.
3. Specifying each FXVWRPHU¶V 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.
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Section 40: Contractor¶s Responsibilities
The Contractor shall be responsible for:
1. 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 permits and licenses and
required regulatory approvals (including all required by County 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 the County shall have the right to petition for an
equitable adjustment.
Section 45: Contractors Representations and Warranties
1. Organization and Qualification. 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. Authority.
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.
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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, permits, and other
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. 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 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
Area/Section(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 50: County Representations and Warranties
The County represents and warrants to the Contractor as follows:
1. Organization and Qualification. The County 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.
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2. Authority.
a. The County has the authority to execute this Contract, to make the
representations and warranties set forth in it and to perform the obligations
of the County under this Contract in accordance with its terms.
b. This Contract has been validly executed and constitutes a legally binding
and enforceable obligation of the County.
3. Government Authorizations and Consents. The County 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 the County as a prerequisite to its
execution of this Contract or its performance of its obligations contemplated
hereby.
4. Compliance With Laws. The County is not in violation of any applicable law,
ordinance or regulation, the consequence of which will or may materially
affect the CounW\¶VDELOLW\WRSHUIRUPLWVREOLJDWLRQVXQGHUWKLV&RQWUDFW7KH
County 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 the County 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 & Georgia 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
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.
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Section 60: Vehicles Used in Collection
1. All vehicles used for collection shall be registered with the State of Georgia
Department 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 the County, in its
reasonable discretion. Vehicles shall be uniquely numbered. &RQWUDFWRU¶V
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 the County, which
may include a County 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 &RQWUDFWRU¶V
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 the County.
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, the County¶Vcodes, ordinances, and rules.
7. TKH &RQWUDFWRU¶V FROOHFWLRQ YHKLFOHV VKDOO EH XVHG RQO\ RQ WKLV &RQWUDFW,
unless advanced written approval is given by the County. The Contractor may
use collection vehicles from other sources or use Contract vehicles for other
operations only with the prior written approval of the County. Should the
County authorize either of the above mentioned approvals, at no time may
non-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 County
property. Should the County 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
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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 the County 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 the County. Advance notice type
shall be by fax or e-mail, or other reasonable communications as determined
by the County.
Section 65: One Vehicle One Purpose
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 the County.
Consideration will be given to Contractors wishing to:
1. Utilize multi-collection type vehicles.
2. Technology and/or processing advances.
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.
$Q\ FRQVLGHUDWLRQ UHTXHVW PXVW EH PDGH LQ ZULWLQJ 7KH &RXQW\¶V GHFLVLRQ WR WKH
consideration request shall be final and binding.
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Section 70: Disposal/Vehicle Inspections and Permits
1. The Contractor is responsible for any and all fees associated with disposal
permits, inspection fees, truck stickers, etc. These permits 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 County landfill will charge a one hundred dollar ($100) annual fee for
each disposal sticker required.
3. Prior to the Start Date, and annually thereafter, the County shall have the right
to inspect all vehicles used to perform the Contract. The vehicle shall, at a
minimum, meet the Federal Department of Transportation standards, as well
as requirements listed in this Contract. A fee or reimbursement may be
collected from the Contractor for each individual inspection in an amount not
to exceed one hundred and fifty dollars ($150) per inspection. Should a
vehicle not pass inspection, the Contractor shall remedy any inspection
deficiency identified and have the vehicle re-inspected. All expenses
associated with the repair and re-inspection shall be the sole responsibility of
the Contractor.
4. The County may do random spot inspections as it deems reasonably
necessary.
5. Should the vehicle not pass inspection, the vehicle shall not be used under this
Contract until the vehicle has been repaired and passes such re-inspection.
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. At no time shall the average age of vehicles used in the collection Contract
exceed five (5) years in age for any Contractor, the subcontractors vehicles are
attributed to the Contractor's fleet.
3. 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.
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4. 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.
5. All supervisors vehicles used to perform functions under the Contract shall be
equipped with the following in complete and sound working order:
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: Ownership of Equipment
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 the County.
2. No further encumbrance shall be placed upon any such vehicles, facilities,
equipment, and property without the prior written approval of the County.
Section 85: Asset Maintenance and Inventory
The Contractor shall provide the County, 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 the County, 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: Traffic 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.
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Section 95: Contractor¶s Office
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 County staff. Phone service shall include phone lines and
voice mail adequate to handle the citizens¶ and the Count\¶V 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/UHWXUQHGE\WKH&RQWUDFWRU¶VRIILFHVWDIIZLWKLQVL[W\ PLQXWHV2IILFHKRXUVVKDOO
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 the County.
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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;
The County 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 the County.
The County 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: Days of Collection
The Contractor shall make all collections on the days of Monday through Friday, or as
otherwise required by County due to the nature of the services provided. Any deviations
to this shall have prior written approval from the County, and the County shall have the
final and sole decision.
Section 104: Garbage 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 the County 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 segregated 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.
5. The Contractor shall collect Garbage which is placed for collections that are in
accordance with thLV&RQWUDFW,WVKDOOEHWKH&RQWUDFWRU¶Vresponsibility to
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give notice to the County staff if it believes Garbage is not prepared and/or
located per the Contract specifications. Should the Contractor fail to notify
the County 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 the County.
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 the County 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
knowingly collect Yard Waste contaminated by fecal matter, unsegregated
Garbage, hazardous substances or other ineligible material.
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7. The Contractor shall collect Yard Waste which is placed for collections that
DUH LQ DFFRUGDQFH ZLWK WKLV &RQWUDFW ,W VKDOO EH WKH &RQWUDFWRU¶V
responsibility to give notice to the County staff if it believes Yard Waste is not
prepared and/or located per the Contract specifications. Should the Contractor
fail to notify the County 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: Recycling 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 the County.
3. The Contractor shall collect Recycling from designated Units which has been
placed in the appropriate Bin for collection.
4. The Contractor and the County 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
accoUGDQFHZLWKWKLV&RQWUDFW,WVKDOOEHWKH&RQWUDFWRU¶VUHVSRQVLELOLW\WR
give notice to the County staff if it believes Recycling is not prepared and/or
located per the Contract specifications. Should the Contractor fail to notify
the County 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 Recycling from such Units(s) as
if it was disposed of properly pursuant to the terms of this Contract.
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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.
Section 110: Bulky 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 the County 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 the County.
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
DUH LQ DFFRUGDQFH ZLWK WKLV &RQWUDFW ,W VKDOO EH WKH &RQWUDFWRU¶V
responsibility to give notice to the County staff if it believes Bulky Waste is
not prepared and/or located per the Contract specifications. Should the
Contractor fail to notify the County about a specific Unit(s) that it believes
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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
1. 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 the County 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 the County and the Contractor on a case-by-case basis to
accommodate extraordinary situations.
2. The County on a case-by-case basis may require alley collection. If alley
collection is required, the County 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. The County shall monitor any collection routes or a portion of a route on a
regular basis to determine if the Contractor is placing Carts/Bins 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 work 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 the
County and the Contractor. Any dispute over the correct placement for
individuals Handicapped/Special Needs will be finally determined by the
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County. 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 the County.
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
The County may add additional collection points within the Collection Area at its sole
option. This could include items such as County Cans, Bus Stops, Businesses, County
Buildings, or any other locations as directed by the County.
Areas of the County that were not included in the awarded Collection $UHD¶VPD\EH
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 the
County may negotiate to provide said services at a negotiated service level and cost.
Section 120: Force Majeure Clean Up
1. The trigger event for this section shall be when the following items are all
met:
a. The County 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, the County 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 Exhibit C of this
Contract.
4. Under this provision, the County may alter the specifications of the Garbage,
Recycling, Yard Waste, and Bulky Waste to fit the needs of the situation.
5. The County at its sole option may authorize the Contractor to temporarily
discontinue one type of service to provide additional resources to other service
types.
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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 the County.
7. 7RHVWDEOLVK³QRUPDOYROXPHV´, the County 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 PRQWK¶V average.
8. Should the County 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, Special Clean-up
1. The County 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. The County 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. The County 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. The County 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 the County.
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Section 124: County Clean-up Events
During the term hereof, Contractor shall provide the following Clean-up events at no
additional charges:
1. Summer Neighborhood ± In the Month of June, the Contractor shall provide
unlimited collection of Garbage, Yard Waste, Recycling and Bulky Waste 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.
b. Contractor shall collect Yard Waste which has 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, exceeds a maximum length of (5) feet and/or has a diameter greater
than 5 inches.
2. Winter Neighborhood ± In the Month of January, excluding the first year of
the Contract, the Contractor shall provide unlimited collection of Garbage,
Yard Waste, Recycling and Bulky Waste 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.
b. Contractor shall collect Yard Waste which has 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, exceeds a maximum length of (5) feet and/or has a diameter greater
than 5 inches.
3. 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:
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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 the
County 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 the County 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 the County. Maps must be defined well
enough, with enough detail, that County 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.
Attachment number 4
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5. Should the Contractor wish to alter routes or days of collection, the Contractor
shall provide the County 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
the County 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 the County
6. The County 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, the County 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 County Property
The Contractor will ensure that its employees shall, whenever on the CounW\¶VSURSHUW\
obey all instructions and directions issued by the County 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 the County when on County
property.
Section 132: Disposal and Recycling Locations
1. The Contractor shall deliver all Garbage collected under this Contract to the
CounW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
or such other locations as the County 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
the CounW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
30805, or such other locations as the County may designate, and shall deposit
the material collected in the manner directed.
3. The Contractor shall deliver all Recycling collected under this Contract to the
&RXQW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
or such other locations as the County 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
the CounW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
30805, or such other locations as the County may designate, and shall deposit
the material collected in the manner directed.
Attachment number 4
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5. All items collected and required to go to the CounW\¶V /DQGILOO VKDOO EH
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. The County shall bear all cost(s) associated with
disposal.
7. The County has the right from time to time to change the hours of operation at
the CounW\¶V/DQGILOO
8. The County 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 the County elect to change the disposal facility/location, which causes
a significant cost increase to the Contractor, the Contractor may petition the
County for an equitable adjustment. If the change in the disposal
facility/location causes a significant cost decrease to the Contractor, the
County 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 GLVSRVDOIDFLOLW\PXVWZHDUD³KDUGKDW´DWDOOWLPHV 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 the County 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 the County or
owner of said disposal facility, subject to the right of a customer to claim lost property of
value.
Section 136: Scavenging
No ³VFDYHQJLQJ´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.
Attachment number 4
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Section 138: Holiday 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
GD\DIWHU7KDQNVJLYLQJ)ULGD\¶VPDWHULDOVKDOOEHFROOHFWed on Saturday. If Christmas,
New Years Day, Memorial Day, Fourth of July, or Labor Day falls on a regularly
VFKHGXOHGZRUNGD\FROOHFWLRQVZLOOEHGHOD\HGRQHGD\DQG)ULGD\¶VPDWHULDOVVKDOOEH
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
the County.
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. The County closes for a weather related issue.
2. The County notifies the Contractor of the Count\¶V wish to have the
Contractor suspend services for weather related issues.
3. The Contractor notifies the County of the Contractors wishes to suspend
services for weather related issues. The County 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
have, 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.
Section 142: Service Disruptions ± Non Weather
A number of collection impediments may require special efforts to accomplish collection
under this Contract.
Attachment number 4
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1. On-Street Parking
Certain nHLJKERUKRRG VWUHHWV DOORZ ³RQ-VWUHHW SDUNLQJ´ ZKLFK PD\ SUHVHQW
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 the County
prior to 4:30 p.m. on the day of service. The Contractor must provide to the
County 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 144WKH³EXVLQHVVGD\´LQFOXGHV6DWXUGD\
2. Notwithstanding the foregoing, the County 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
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
Contractor will leave an explanation (red tag) to help the customer correct the
Attachment number 4
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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, the County 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 the
County 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
/LVW³(/´
6. If the County transmits a ³miss´ 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 the County 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 the County that the Contractor is not
collecting these misses by noon Saturday, the County 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.
9. Failure to comply with the above stated provisions shall have Liquidated
Damages as stipulated in Section 560.
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Section 146: Contract Carts
1. The Contractor shall provide all Garbage carts for this Contract. A specific
rental rate will be charged for each Cart used under this Contract for the
current month. The cart rental rate will be the monthly rate as specified in
Exhibit B of this Contract
2. At the end the initial Contract period, the Contractors Carts shall become the
property of the County free and clear, with no further encumbrance due.
3. Should the County elect to replace the Contractors Carts with Carts provided
by the County, at any point in the Contract, the Contractor shall promptly
remove their Carts and replace them with the Carts provided by the County.
Once Carts are received by the Contractor, no further rental rates may be
charged for the Contractors Carts as defined above.
4. Should the County elect to replace the Contractors Carts, the Contractor will
be paid a proration for the month in which the (County owned) Carts were
received by the Contractor. The proration amount for each Cart received by
the Contractor shall be calculated by taking the monthly Cart rental rate in
Exhibit B and dividing it by thirty one (31) days, then multiplying that number
by the number of days from the first of the month until the date the County
Carts were received by the Contractor multiplied by the number of Carts
received. Prorations and implementation amounts will be paid as follows:
a. 0-100 Cart(s) received, the Contractor shall be paid the proration amount.
b. 101-200 Carts received, the Contractor shall be paid the proration plus
seven (7) days from the date of receipt.
c. 201-300 Carts received, the Contractor shall be paid the proration plus
fourteen (14) days from the date of receipt.
d. 301-400 Carts received, the Contractor shall be paid the proration plus
twenty one (21) days from the date of receipt.
e. In excess of 400 Carts received, the Contractor shall be paid the proration
plus thirty (30) days from the date of receipt.
Example: See Attached Example Below
Section 148: Supplying Garbage Carts
1. The Contractor will supply the Customers with Carts for distribution to the
Customer. Carts will be a water-tight plastic container that is provided by the
Contractor, that shall not be less than 95 gallons in capacity, fitted with a
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sturdy handle, roll able and a tight fitting lid, for the purpose of collecting
Garbage.
2. Carts for new customers shall be delivered within two (2) days of notification
from either the customer or the County. Carts will be delivered in a clean,
sanitary, working condition.
3. The Carts shall be provided with instructions of proper use, including any
customer actions that would void PDQXIDFWXUHU¶V warranties, such as
placement of hot ashes in the Cart causing the Cart to melt, and procedures to
follow to minimize potential fire problems. A pamphlet explaining the dos
DQGGRQ¶WV program requirements, directions for placement of the Cart, and
notification of the day of the week when the customer will receive collection
will be provided with each Cart.
4. The pamphlet containing the dos DQGGRQ¶WV program information and the
directions for placement shall be supplied by the County.
5. No other cans or Carts may be placed into service unless approved by the
County or as otherwise noted in the Contract.
6. Should a customer require a replacement Cart due to loss, stolen or damage,
the Contractor has two (2) days to replace the Cart with a Cart in clean,
sanitary, working condition. A list of lost or damaged Carts will be provided
to the County with the Monthly Report, to include address so the County may
bill the appropriate party. The Contractor is responsible for all repairs to
Carts. Only factory or approved parts may be used to repair said Carts. Any
damaged Carts, which are owned by the County, that can not be repaired by
the Contractor shall be returned to the County so they may follow the
warranty process.
7. If a customer discontinues service, the Contractor has two (2) days to collect
the Cart.
8. All Carts physically returned to the County shall be clean, sanitary, and in
working condition, unless being returned for damages beyond repair, then the
Cart must be returned clean and sanitary.
Section 150: Supplying Recycling Bins
1. The County will supply the Contractor with Bins for distribution to the
Customer. A bin is a water-tight plastic container that is provided by the
County, 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.
Attachment number 4
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2. Bins for new customers shall be delivered within two (2) days of notification
from either the customer or the County. Bins will be delivered in a clean and
sanitary condition.
3. The Bins shall be provided with instructions of proper use, including any
customer actions that would void PDQXIDFWXUHU¶V warranties, such as
placement of hot ashes in the Bin causing the Bin to melt, and procedures to
follow to minimize potential fire problems. A pamphlet explaining the dos
DQGGRQ¶WV program requirements, directions for placement of the Bin, and
notification of the day of the week when the customer will receive collection
will be provided with each Bin.
4. The pamphlet containing the dos DQGGRQ¶WV program requirements and the
directions for placement shall be supplied by the County.
5. No other cans or Bins may be placed into service unless approved by the
County or as otherwise noted in the Contract.
6. Should a customer require a replacement Bin due to loss, stolen or damage,
the Contractor has two (2) days to replace the Bin with a Bin in clean,
sanitary, working condition. A list of lost or damaged Bins will be provided
to the County with the Monthly Report, to include address, so the County may
bill the appropriate party. The Contractor is responsible for all repairs to Bins.
Only factory or approved parts may be used to repair said Bins. Any damaged
Bins that can not be repaired by the Contractor shall be returned to the County
so they may follow the warranty process.
7. If a customer discontinues service, the Contractor has two (2) days to collect
the Bin.
8. All Bins returned to the County shall be clean, sanitary, and in working
condition, unless being returned for damages beyond repair, then the Bin must
be returned clean and sanitary.
Section 152: Cart/Bin Storage
The Contractor shall provide storage space for carts and bins. The Contractor shall
provide enough space to store the equivalent of two and a half percent (2.5%) of the total
number of units serviced for the Collection Area for each type of Cart and Bin offered or
cumulative total there of.
Example
Contract Area has 5,000 units, then the Contractor shall store up to 125 garbage Carts and
125 recycling Bins = 250 total carts/Bins stored.
Attachment number 4
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Section 154: Minimum Cart/Bin Percentage
The Contractor shall keep a minimum inventory of one half of one percent (½%) of each
size Cart and Bin used under with this Contract.
Section 156: Cart/Bin Replacement Cost
The County shall have the right to charge the Contractor for the cost of repair or
replacement of Carts and/or Bins which are owned by the County, if such repair or
replacement is required as a result of abuse or damage caused by the Contractor. The
County 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 Carts/Bins will be provided to the County
with the Monthly Report so the County may bill the appropriate party. The Contractor is
responsible for all repairs to Carts/Bins. Any damaged Bins that can not be repaired by
the Contractor shall be returned to the County.
Section 158: 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 the County. Upon further written notification by the
County, the Contractor shall resume any and/or all collections on the next regularly
scheduled collection day.
Section 160: Meetings 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 referrHGWRDVWKH³,PSOHPHQWDWLRQ3KDVH´
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 &RQWUDFWRU¶VSHUIRUPDQFHLQLPSOHPHQWLQJWKH&RQWract, 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.
Attachment number 4
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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 the County 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 162: Program Information During Contract Start-Up
All items listed below may be generated by the County. Prior to the start date of the
Contract, the Contractor shall deliver to all Units receiving services, the materials created
by the County to address issues such as the following. This list may not be all inclusive.
1. Materials to be collected and how such materials are to be prepared.
2. Date that the customer shall begin using the new Cart/Bin that was delivered.
3. Cart and material placement information.
4. &RQWUDFWRU¶V Welephone number that customers should call for additional
information or for questions.
5. Telephone number of the County department that customers can call for
additional information or for questions.
The Contractor shall be responsible for informing the Customer of the Collections
schedule for each Unit serviced prior to the start date. The format of said information
shall be printed, and delivered to each service address via door hanger or other approved
format. The Contractor shall have approval from the County prior to any distribution of
these materials.
The above information may further be required to be attached to any new Cart/Bin
delivered or anytime that a Cart/Bin is delivered to a customer.
The County shall approve all customer information materials, promotions, and
educational activities and materials developed by the Contractor in advance of their
production, implementation, or distribution. All public information materials will
conform to the CounW\¶VJXLGHOLQHVDQGLQFOXGHWKH&ounW\¶VLGHQWLW\
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Section 164: 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 the County. The literature for
said information will be generated by the County.
Attachment number 4
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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: Employee 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 the County.
2. When the County identifies unsatisfactory conduct by an employee and the
County 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 the County 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.
3. The Contractor will notify the County of remedial action taken in its monthly
reports.
4. The County 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, the County will have the sole right to
require the removal and replacement of such employee(s) by the Contractor
and/or subcontractors. The County shall exercise such right by providing
written notice to the Contractor via U.S. Mail, fax or email. Such notice will
include the County¶VUHDVRQIRUWKHUHTXHVW
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.
Attachment number 4
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7. 7KHWHUP³SHUVRQQHO´VKDOOLQFOXGHDOOVWDIISURYLGHGE\WKH&RQWUDFWRURULWV
subcontractors who have worked or perform services under this Contract.
Section 220: Employee 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 ³ANSI´ 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
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, VXSHUYLVRUVVKDOOKDYHWKHZRUG³VXSHUYLVRU´
placed in a conspicuous place.
Section 230: Spillage
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.
Attachment number 4
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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 the County immediately.
3. Failure to comply with these requirements is subject to Section 560
Liquidated Damages.
Section 240: Damage 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 the County immediately of any damages and/or
damage claims as set forth in the section above, and shall indemnify and hold
harmless the County for same. Written notice of any damages and/or damage
claims shall be provided to the County 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, the County at its sole option may extend the
above mentioned time period. If the damage claim is deemed as Contractors
responsibility by law enforcement, their designee, or independent
individual/organization trained to investigate such items and is not resolved
within the applicable period, the County 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 the
County¶VUHTXHVWWKe representative will join the County 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.
Attachment number 4
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D. Reporting/Information Requirements
Section 300: Report/Information Specifications
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.
The County reserves the right to dictate format, style and to the extent possible,
standardization of all reports and information required under this Contract. The County
may require reports in hard copy and/or 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. The County further reserves the right to alter the reporting requirements from
time to time.
1. Spare vehicle utilization ± (Section 62)
2. Asset Inventory List (Section 85)
3. Handicapped/Special Needs ± as needed (Section 114)
4. Force Majeure Clean-Up ± as needed (Section 120)
5. Eviction, Vacant Lot, Special Clean-Up ± as needed (Section 122)
6. Disposal and Recycling ± as needed (Section 132)
7. Service Disruption ± as needed (Section 142)
8. Red tag, not out, etc. ± daily (Section 144)
9. Lost and/or Damaged Carts (Section 148 and 150)
10. Employee remedial action ± (Section 210)
11. Damage Claims ± (Section 240)
12. Service increase/decrease ± (Section 410)
13. CPI increase ± (Section 430)
14. Equal Employment ± (Section 600 and 610)
15. Emergency Plan ± (Section 700)
Attachment number 4
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E. Compensation
Section 400: Payment for Collection Services
1. The County 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. $8QLWZLOOEH³ELOODEOH´LQWKHFXUUHQWPRQWKLIWKH8QLWVWDUWVVHUYLFHVRQWKH
1st through the 14th GD\ RI WKH PRQWK 7KH 8QLW ZLOO EH ³ELOODEOH´ WKH
following month if the Unit starts services on the 15th through the 31st day of
the month.
3. Should a Unit sit vacant/idle, and no service rendered for a full month, then WKDW8QLWVKDOOQRWEH³ELOODEOH´DQGVKRXOGEHUHPRYHGIURPWKH&RQWUDFWRUV
monthly invoice and service list.
4. The County shall deduct any assessments due from the payment owed to the
Contractor.
5. The County shall add additional moneys owed for additional services
provided for under this Contract.
Section 410: Payment Procedure
1. The Contractor shall generate and submit a service listing of all current
customers, including service address and Cart/Bin numbers, which meets the
definition(s) provided by the Solid Waste Department, which is at least 99%
accurate by November 1, 2005.
2. The Contractor shall maintain its service listing with at least 99% accuracy,
listing any service increases or decreases meeting the above stated
requirements for the month of December, 2005.
3. The Contractor shall submit a monthly invoice to the County 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.
Attachment number 4
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5. The County shall pay the Contractor within thirty (30) days of receipt of an
undisputed invoice.
6. Payment requests shall be accompanied by:
b. 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.
c. 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.
d. 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.
e. Payment for services will not be paid until the above mentioned items
have been received.
7. Should the County 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.
Section 420: Contract Unit Price
See Exhibit B.
Section 430: Adjustments
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 ³&3,´. Means the Consumer Price Index for All Urban Consumers
³&3,-8´ Atlanta, Georgia ± Atlanta, Georgia, All Items, 1982-1984
equals 100, published by the United States Department of Labor, Bureau RI/DERU6WDWLVWLFV ³%/6´ RULWVVXFFHVVRU,I%/6GHVLJQDWHVDQLQGH[
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.
Attachment number 4
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a. The CPI Index percentage change will be determined from January 1st to
December 31st of the previous year, with an implementation of the
increase on June 1st, and every June 1st thereafter with the first increase
starting in June of 2007.
b. The Contractor must notify the County in writing by March 31st of each
year beginning March of 2007, 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 Employees
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.
Section 450: Withholding and Payment of Tax Liens and Judgments
The County 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, the County may in
its discretion institute interpleading proceedings. The County 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.
Attachment number 4
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F. Security, Liability, Damages
Section 500: Payment Bond
1. The Contractor shall furnish the County a bond with a corporate surety
acceptable to the County in the amount equal to twenty five (25%) of the
annual Contract amount. The bond shall be valid and non-cancelable for a
period not less than one (1) year and the Contractor shall provide a new bond,
or evidence satisfactory to the County of the renew ability of the current bond
at least forty five (45) calendar days before it expires.
2. The initial payment bond must be in place fifteen (15) days prior to the Start
Date of the Contract.
3. The bond shall be for the use and benefit of the County, with a surety
company authorized to do business in the State of Georgia and acceptable to
the County. 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 the County a bond with a corporate surety
acceptable to the County in the amount equal one hundred percent (100%) of
the annual Contract amount. The bond shall be valid and non-cancelable for a
period not less than one (1) year and the Contractor shall provide a new bond,
or evidence satisfactory to the County of the renew ability of the current bond
at least forty five (45) calendar days before it expires.
2. The initial payment bond must be in place fifteen (15) days prior to the Start
Date of the Contract.
3. The bond shall be for the use and benefit of the County, with a surety
company authorized to do business in the State of Georgia and acceptable to
the County. Said bond shall be conditioned that should such Contractor
faithfully perform 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.
Attachment number 4
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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 the County, 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 County 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. 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, the County shall give notice to the
Contractor and its surety. Within 7 days, Contractor may demand a 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 the County, why the
Contractor should not be declared to be in default of this Contract, the County
may make a declaration of default. In evaluating whether to make such a
declaration of default, the County shall, in its discretion, consider the severity
of the alleged violations, and the overall performance of the Contractor under
the Contract.
3. In declaring the Contractor to have defaulted on the Contract, the County also
may order the Contractor to discontinue further performance of work under
the Contract and transfer the obligation to perform such work from the
&RQWUDFWRUWRWKHVXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGDQGWDNHDQ\
other action it deems advisable.
Attachment number 4
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4. Under receipt of a notice that the work has been transferred to the surety
without termination of the Contract, the surety shall take possession of all
materials and equipment described in the most recent inventory submitted to
the County pursuant to Section 85 hereof, for the purpose of completing the
work under the Contract, employ, by the Contract or otherwise, any person
and/or all persons needed to perform the work; and provide materials and
equipment required therefore. Such employment shall not relieve the surety
of its obligations under the Contract of bond. If there is a transfer to the
surety, payments shall be made to the surety or its agent for all work
performed under the Contract subsequent to such transfer, in amounts equal to
those that would have been made to the Contractor had it performed in the
PDQQHUDQGWRWKHH[WHQWRIWKHVXUHW\¶VSHUIRUPDQFH and the Contractor shall
have no claim upon the same.
5. ,QWKHHYHQWWKHVXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGIDLOVWRDVVXPH
or continue performance within two (2) days after its receipt of notice that the
work has been transferred to such surety, the Contractor shall be deemed to
have leased, subleased, or otherwise license the County to use all, or whatever
portion is desired by the County, of the materials and equipment described on
the most recent inventory submitted to the County pursuant to Section 85
hereof, for collection (and processing) purposes for a period of up to one (1)
year following the date of the declaration of default by the County without
requiring the County to execute any other document whatsoever to accomplish
such lease, sublease, or license and without requiring the County to post any
bond, pledge, deposit or other security for such equipment and materials, but
upon the condition that the County pay for the equipment and materials
actually used for such collection a market rental that is no greater than (i) the
monthly lease, in the event such property is leased by the Contractor, (ii) the
periodic installment, in the event such property is being acquired under a
purchase Contract, (iii) the periodic financing interest and principal, in the
event such property is being acquired under a purchase Contract, or (iv) the
financing arrangement; provided, that under no circumstances shall the
County be liable during its use of such property for any arrearages, balloon
payment, accrued interest, accelerated charges in the event of a default, or
other extraordinary payment; nor shall the satisfaction thereof be a condition
of the County¶V LQWHULP XVH RI VXFK SURSHUW\ SURYLGHG IXUWKHU WKDW VXFK
lease, sub-lease, or license shall be suspended the date the surety on the
&RQWUDFWRU¶VERQGRULWVDJHQWDFFHSWVWKHWUDQVIHURIZRUNXQGHUWKH&RQWUDFW
6. In the event the County 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 the County shall retain such difference;
but in the event such cost to the County is greater, the Contractor and its
surety shall be liable for and pay the amount of such excess to the County.
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7. All payments due the Contractor at the time of default, less amounts due the
County from the Contractor, shall be applied by the County against damages
suffered and expense incurred by the County to reason of such default, any
excess shall be paid to the Contractor unless otherwise provided herein.
8. 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
WKH&RQWUDFWRU¶VFRQWURO, as defined in section 880, shall not be deemed to be a
default and the rights and remedies of the County provided for herein shall be
inapplicable; provided that all labor disputes as defined in section 880 hereof VKDOOQRWEHFRQVLGHUHGDFDXVHEH\RQGWKH&RQWUDFWRU¶VFRQWURO as defined in
section 880.
Section 530: Commitment of Equipment
1. Unless a replacement or substitute is provided, all vehicles, facilities,
HTXLSPHQWDQGSURSHUW\LGHQWLILHGLQWKH&RQWUDFWRU¶VLQYHQWRU\XQGHU6HFWLRQ
85 for use in the performance of this Contract (called ³VXFKSURSHUW\´ VKDOO
be available for use in collecting Garbage, Yard Waste, Recycling, and Bulky
Waste. When provided, this Section applies to the replacement and substitute.
2. For the duration of this Contract, any document (including a lease to or by the
Contractor, financing Contract, acquisition over time, mortgage, or other
instrument establishing a security interest) that encumbers or limits the &RQWUDFWRU¶VLQWHUHVWLQVXFKSURSHUW\VKDOO
a. $OORZWKHVXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGWRtake over the
&RQWUDFWRU¶V REOLJDWLRQV DQG WR FRQWLQXH WKH XVH RI WKH HTXLSPHQW LQ
service for performance of the Contract;
b. $OORZWKH&RXQW\WRWDNHRYHUWKH&RQWUDFWRU¶VREOLJDWLRQVDQGWRFRQWLQXH
the use of the equipment in service for performance of the Contract;
c. Exempt the County from liability during its usage of such property for
arrearages, balloon payments, accrued interest, accelerated charges on
account of a default, or other extraordinary payments, and not make
satisfaction thereof a condition of the County¶VLQWHULPXVDJH DQG
d. Forbare DQ\ IRUHFORVXUH WUXVWHH¶V VDOH RU RWKHU GLVSRVVHVVLRQ RI WKH&RQWUDFWRU¶VLQWHUHVWLQVXFKSURSHUW\ZLWKRXWJLYLQJERWKWKHCounty and VXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGVL[W\ GD\VSULRUQRWLFH
DQG WKHQ PDNH DQ\ WHUPLQDWLRQ RI WKH &RQWUDFWRU¶V LQWHUHVW LQ VXFK
property pursuant to such action or the enforcement thereof subject to the
requirement of Subsections 1, 2, and 3 of this section.
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3. To assure compliance with this Section, the Contractor shall submit to the
County for review and approval or disapproval prior to execution all contracts,
leases, or other documents for acquisition of, or encumbering or limiting the
&RQWUDFWRU¶VLQWHUHVWLQVXFKSURSHUW\RUIRUUHSODFHPHQWVWKHUHRIDQGDQ\
proposed agreement that would encumber or transfer any interest of the &RQWUDFWRU LQ VXFK SURSHUW\ EHIRUH WKH &RQWUDFWRU¶V H[HFXWLRQ RI VXFK
agreement. The County¶VDSSURYDOVKDOOQRWEHXQUHDVRQDEO\ZLWKKHOG
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 the County evidence
of a policy or policies of insurance as enumerated below, which name the
County as an additional insured:
2. A policy of Commercial General Liability Insurance, written on an insurance
industry standard occurrence form, including the following FRYHUDJH¶V:
a. Premises/Operations Liability
b. Products/Completed Operations Liability
c. Personal/Advertising 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 Aggregate
d. $1,000,000 Personal & Advertising Injury
e. $250,000 Fire Damage
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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
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 Georgia Annotated.
Such policy must provide the following minimum limits:
a. Statutory coverage for injuries and occupational disease.
b. (PSOR\HU¶V/LDELOLW\
7. Any deductible or self-insured retention must be disclosed and is subject to
approval by the County. The cost of any claim payments falling within the
deductible shall be the responsibility of the Contractor.
8. If any such policy is written on a ³&laims 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 ³Claims 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 the County with proof of renewal. If
renewal of the claims made form of coverage becomes unavailable, or
economically prohibitive, Contractor shall purchase an extended reporting
SHULRG ³WDLO´ RUH[HFXWHDQRWKHUIRUPRIJXDUDQWHHDFFHSWDEOHWRWKHCounty
to assure financial responsibility for liability for services performed.
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a. Additional Insured and Primary Insurance Provisions:
Such insurance, as provided under items (1), and (2) above, shall be
endorsed to include the County, 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 the County.
,QDGGLWLRQ&RQWUDFWRU¶VLQVXUDQFHVKDOOEHSULPDU\DQGDQ\RWKHU
insurance maintained by the County 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 the County 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
commercial general liability policy a form CG 2010 (ISO) or
equivalent.
iii. $FRS\RIWKH³(QGRUVHPHQW)RUP /LVW´WRWKHSROLF\RUSROLFLHV
showing endorsements issued on the policy, and including any
company-specific or manuscript endorsements.
iv. A copy of an endorsement stating that the FRYHUDJH¶V provided by this
policy to the County 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 the County.
v. $FRS\RID³6HSDUDWLRQRI,QVXUHG´RU³6HYHUDELOLW\RI,QWHUHVW´
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 the County as
to company (must be rated A- 9,,RUKLJKHULQWKH$0%HVW¶V.H\5DWLQJ
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
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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 the County 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 FRYHUDJH¶V 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: Indemnity
The Contractor(s) shall defend, indemnify and save harmless the County and the
County¶V 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 (collectively ³ORVVHV´ 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 the County or the County¶VDJHQWVDQGDOOWKLUG
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 of)
the presence of the Contractor or its subcontractors or their property, employees or
agents, upon or in proximity to the property of the County or any other property (upon
which the Contractor is performing any work called for), except only those losses
resulting solely from the negligence of the County.
Section 560: Liquidated Damages ± Reasonable pre-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.
The County and Contractor expressly agree that the potential harm or injury to
the County caused by the following incidents of substandard performance are
difficult or impossible to accurately estimate. The County and Contractor
stipulate that the following damages are a reasonable pre-estimate of the
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probable loss to the County 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 payment
to the Contractor.
3. This section will be effective on and after February 1, 2006.
a. Performance
Standard
(Omission): Not placing Carts/Bins back in their original locations in a
neat and orderly manner, Carts/Bins upright, and
thoroughly emptied. (Section 114)
Damage: $25 per incident
b. Performance
Standard
(Omission): Commencement or completion of collections outside of
contract specifications except as expressly permitted
herein. (Section 126)
Damage: $100 per incident (each truck is a separate incident plus
starting early and ending late will be considered two
events)
c. Performance
Standard
(Omission): Failure to collect spillage. (Section 230)
Damage: $100 per incident per day (each Unit represents a separate
incident)
d. Performance
Standard
(Omission): Failure to collect missed Garbage, Yard Waste, Recycling
or Bulky Waste pursuant to this Contract. (Section 144)
Damage: $25 per incident to a maximum of $500 per truck per day
for each type of collection (Garbage, Yard Waste, etc.)
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e. Performance
Standard
(Omission): Failure to deliver or replace Carts/Bins as specified in the
Contract. (Sections 148 and 150.)
Damage: $25 per Carts/Bins per day.
f. Performance
Standard
(Omission): Failure to start the Contract on the Start Date.
Damage: $5,000 per day.
g. Performance
Standard
(Omission): Mixing of Contract waste with non-contract waste. (Section
60)
Damage: $5,000 per event
h. Performance
Standard
(Omission): Intentional disposal of Yard Waste and/or Recycling
Materials placed in a collection vehicle collecting Garbage.
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 the
County 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 the County from recovering other damages in addition to the
payments made hereunder which the County can document as being
attributable to the above referenced failures. In addition to other costs that
may be recouped, the County 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.
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G. Equal Opportunity/Non-Discrimination, Drug Free Work Place
Section 600: Equal Employment Opportunity
1. The Contractor shall not discriminate against any employee or applicant for
employment 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 the County of any alleged
violation(s) of employment 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 the County of the final disposition
of such cases within ten (10) days of becoming aware of the final disposition.
Section 610: Equal Employment Opportunity ± Implementation
1. The Contractor shall obtain in writing from each subcontractor or participant
in a joint venture, an affirmative action policy or program and retain such
written policy or program for inspection by the County.
2. The Contractor shall be responsible for the compliance of subcontractors or
joint ventures. Appropriate sanctions for noncompliance will be imposed on
the Contractor. The requirements for the Contractor apply to subcontractors, UHJDUGOHVVRIWLHU7KH&RQWUDFWRU¶VUHVSRQVLELOLW\LQFOXGHVREWDLQLQJHTXDO
employment opportunity documentation from subcontractors or joint ventures
and reviewing the same as to validity and compliance. The Contractor shall
VXEPLWVXFKGRFXPHQWDWLRQFRQFXUUHQWZLWKWKH&RQWUDFWRU¶VRZQVXEPLWWDOV
3. The Contractor will, prior to commitment and during the term of this Contract,
furnish to the County upon their request and on such form as may be provided
Attachment number 4
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by the County, a report of the affirmative action taken by the Contractor in
implementing the terms of these provisions, and will permit access to their
records of employment, employment advertisements, application forms, other
pertinent data records requested by the County for the purpose of investigation
to determine compliance with this provision. If upon investigation, the
County finds probable cause to believe that the Contractor has failed to
comply with any of the terms of these provisions, the Contractor and the
County shall be so notified in writing. The County shall give the Contractor
an opportunity to be heard, after ten (10) days notice. If the County finds
cause, the County may suspend the Contract and/or withhold any funds due or
to become due to the Contractor, pending compliance by the Contractor with
the terms of these provisions. Failure to comply with any of the terms of these
provisions shall be a material default of the Contract.
4. The foregoing provisions will be inserted in all subcontracts for work covered
by this Contract.
Section 620: Drug ±Free Workplace
1. The County 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
GDQJHUV RI GUXJ DEXVH LQ WKH ZRUNSODFH LL WKH &RQWUDFWRU¶V SROLF\ RI
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;
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.
Attachment number 4
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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.
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H. Operations Plan, Emergency Plan
Section 700: Operations Plan
1. After the Contract has been awarded and no less than ninety (90) days prior to
the Start Date, the Contractor shall prepare and submit to the County a
comprehensive and detailed Operations Plan, which describes in detail all
tasks, procedures and resources associated with the transition from the
&RXQW\¶VFXUUHQWContract for Garbage, Yard Waste, Recycling and Bulky
Waste collection to the awardees of this Contract. The Operations Plan, once
approved by the County, will become a part of this Contract.
2. The Operations Plan shall spell out in detail all costs, steps, tasks, activities,
events, procedures and resources necessary for the Contractor to provide for a
smooth and efficient transition from the County¶VFXUUHQWservice providers to
the Contractor awardees, with minimum disruption to the County¶V&XVWRPHU.
The Operations Plan will further contain a time line and completion date for
all such tasks and activities. The Contractor will ensure that certain essential
operations as set forth in the Operations Plan will not be interrupted by any
part of the transition. The Contractor shall seek the County¶V LQput in
developing the Operations Plan, and the Operations Plan shall not be deemed
final until accepted in writing by the County.
3. The Operations Plan shall be maintained by the Contractor, and shall be
updated and submitted to the County on a weekly basis throughout the
implementation phase to reflect the current status of all work. Aside from
updates to show tasks accomplished, no changes to the Operations Plan shall
be made without the prior written approval of the County.
4. The County shall have the right to audit, on its own behalf or through agents,
the Operations Plan and the progress of all work throughout the
implementation. The County or its agents shall be entitled to conduct audits
as it sees fit.
5. The Contractor will adhere to the schedule set forth in Operations Plan
regarding the transition and implementation of its Garbage, Yard Waste,
Recycling, and Bulky Waste. There shall be no extensions of the time periods
or completion dates set forth in the Operations Plan without the County¶V
written consent.
6. When stating days in the Operations Plan, it is to be based on Calendar Days.
7. Throughout the implementation phase weekly reports will be made to the
County regarding the progress of the transition.
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8. Samples of items to include in the operations plan would be;
a. Acquiring assets, preparing assets for collection, scheduling asset
inspections, etc.
b. Asset Inspections.
c. Developing asset inventory lists.
d. Setting up contractors offices.
e. Ensuring disposal stickers are purchased, and placed on vehicles.
f. Setting up routes, and creating service maps.
g. Procedures for notifying customers of new collection days.
h. Procedures for orientation of collection and Cart/Bin delivery personnel
including route coordination/cooperation with County staff.
i. Identifying handicapped/special needs customers.
j. Procedures for transmitting information to and from the County and the
Contractor
k. Procedures for applying, appealing and reversing liquidated damages.
l. Standards for electronic transfer of information.
m. Acquisition of bonds and insurance.
n. Developing an emergency plan.
Section 710: Emergency Plan
1. At least thirty (30) days prior to the Start Date, the Contractor shall submit an
Emergency Plan to the County which shall detail those actions which the
Contractor will take to deal with emergency situations such as extreme cold
temperatures, snow/ice, fire, or natural disaster which would require a
deviation from normal operating procedures.
2. The Emergency Plan shall also include emergency phone numbers of the
Contractor, and for key contact persons, such that a responsible contact person
is available to the County at all times. The Emergency Plan must also include
customer notification procedures.
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3. Upon submission of the Emergency Plan to the County, the County shall
approve or reject the Emergency Plan. If the Emergency Plan is rejected, the
Contractor and the County will begin negotiations to develop a mutually
agreeable Emergency Plan prior to the Start Date of the Contract.
4. The emergency plan shall be updated annually in the month of January.
Additional updates are required when items in the plan change or need
updated.
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I. Ancillary Provisions
Section 800: Assignment of Pledge of Monies by 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 thirty (30) days prior written notice to the
County RIVXFKDVVLJQPHQWVRUSOHGJHWRJHWKHUZLWKDFRS\RIWKHVXUHW\¶VDSSURYDO(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, Subcontracting, 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 the County. The Counties 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 the County, which approval may be withheld in the County¶V VROH
discretion. Notwithstanding the foregoing, the County¶VDSSURYDOVKDOOQRW
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 the
County 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 collection with the County for the portion of the County 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 the County for the satisfactory performance of the work
assumed. The County may condition its approval upon the delivery by the
assignee, subcontractor or other obligor of its covenant to the County 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 the County.
Attachment number 4
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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 the County
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, the County 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
&RQWUDFWRU¶VFRPSOLDQFHZLWKDOOWKHWHUPVDQGFRQGLWLRQVRIWKH&RQWUDFW
2. During the term of the Contract, the County shall have the right to inspect any
item deemed necessary to ensure that Contract provisions are/were being met.
This can include, but is not limited to; site visits to the office or other
locations used under this Contract, disposal locations, field, shop inspections
or equipment, etc.
Section 815: Contractor Will Not Sell or Disclose Data
The Contractor will treat as confidential information, all data in connection with the
Contract. County data processed by the Contractor shall remain the exclusive property of
the County. The Contractor will not reproduce, copy, duplicate, disclose or in any way
treat the data supplied by the County in any manner except as contemplated by this
Contract.
Section 820: No Publicity
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 the
County. The Contractor, its agents or representatives shall not reference this Contract or
the County in any manner without the prior written consent of the County.
Section 825: Contract Rights
1. The parties reserve the right to amend this Contract from time to time by
mutual agreement in writing.
2. Rights under this Contract are cumulative, and in addition to rights existing at
common law.
3. Payment by the County and performance by the Contractor do not waive their
Contract rights.
Attachment number 4
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4. Failure by either party on any occasion to exercise a Contract right shall not
forfeit or 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.
Section 830: Open Records Act
Contractor acknowledges that County records including this Contract are subject to
*HRUJLD¶V 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: Discretionary Waiver of Right to a Jury Trial
The Contractor and County 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 850: Specific Performance and Injunctive Relief
The Contractor agrees that the services are critical to the County¶VRSHUDWLRQDQGWKDW
monetary damages are not an adequate remedy for the Contractors failure to provide
services as required by the Contract, nor could damages be the equivalent of the
performance of such obligation. Accordingly, the Contractor hereby consents to an order
granting specific performance of such obligations of the Contractor in a court of
competent jurisdiction within the State of Georgia. The Contractor further agrees that a
failure by it to perform the services in the manner required by the Contract will entitle the
County to injunctive relief.
Section 855: Notices
1. All official notices or approvals shall be in writing. Unless otherwise
directed, notices shall be delivered by messenger, by certified or registered
Attachment number 4
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mail, return receipt requested, or by fax to the parties at the following
respective addresses:
To the County: To the Contractor:
Assistant Director Contract Manager
4330 Deans Bridge Road P.O. Box 334
Blythe, GA. 30805 Evans, GA. 30809
(706) 592-9634 Phone (706) 860-2208 Phone
(706) 592-1658 Fax (706) ________ 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: Severability
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 Bribery
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 the County in connection with the Contract.
Section 875: Change in Control ± Legal Counsel
1. ,QWKHHYHQWRIDFKDQJHLQ³&RQWURO´RIWKH&RQWUDFWRU DVGHILQHGEHORZ WKH
County shall terminate the Contract for default unless the County has granted
prior written approval. Such approval shall be at the sole discretion of the
County. Any approval by the County 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 the County within ten (10) days after it
Attachment number 4
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becomes aware that a change in Control will occur. As used in the Contract,
WKHWHUP³&RQWURO´VKDOOPHDQWKHSRVVHVVLRQGLUHFWRULQGLUHFWRIHLWKHU
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 Majeure
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,
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 the County 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
Attachment number 4
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prevents the Contractor from performing its obligations for more than five (5)
days, the County may terminate this Contract.
4. Strikes, slow-downs, walkouts, lockouts and individual disputes are not
excused under this provision.
Section 885: Dispute 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. The
County 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,
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.
Attachment number 4
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____________________________
___________________________________ Augusta, Georgia (Augusta-
Richmond County, Georgia)
By:__________________________
As its Mayor
Attest:
_________________________________
Clerk of Commission
The foregoing Contract is hereby executed by the below-listed parties:
Contractor:___________________
By:_________________________
As its:_______________________
Sworn to and subscribed before me this _____ day of
____________________, 2005.
_______________________________
Notary Public
My Commission Expires:__________________
Attachment number 4
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Example From Section 146
Assumptions
1. Cart rental rate in Exhibit B = $2.00
2. County elects to replace 250 carts.
3. Carts were received by the contractor on the 15th of the month.
Calculations
Proration Amount
1. ($2.00/31) = $.0645 (cents per day per cart)
2. ($.0645*15) = $.9675 (prorated amount per cart based on date received)
3. ($.9675*250) = $241.88 (amount owed based on prorated amount and the
number of carts)
Implementation Amount
1. ($.0645*14) = $.903 (prorated amount multiplied by allowed implementation
days)
2. ($.903*250) = $225.75 (amount owed based on 14 days implementation
multiplied by 250 carts)
Total owed to Contractor
$241.88 for prorated amount plus $225.75 for implementation period = $467.63
5. The County may ship the Contractor Carts which are assembled, unassembled,
in single, limited, or truckload quantity.
6. All cost(s) associated with assembly and delivery of said carts shall be that of
the Contractor.
Attachment number 4
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Exhibit A: Collection Area(s)
Attachment number 4
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Exhibit B: Rate Table
Services Twice per week Once per week
Garbage $9.90
Recycling $1.15
Yard Waste $1.75
Bulk Waste $0.95
Monthly Collections Cost $13.75
Additional Services Monthly
Cart Rental Fee (per garbage cart provided by Contractor)$0.75
Extra Garbage Collection (per additional cart serviced)$5.00
Extra Recycling Collection (per additional cart serviced)$0.60
Attachment number 4
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Exhibit C: Force Majeure Rate Table
Rate Rate Per
10 Yard Roll Off $125.00 Pull
20 Yard Roll Off $125.00 Pull
30 Yard Roll Off $150.00 Pull
40 Yard Roll Off $0.00 Pull
Regular Time Rate Overtime Rate Rate Per
15-24 Yard Rear Load (Driver and Helper)$100.00 $117.50 Hour
25 Yard or Larger Rear Load (Driver and Helper)$115.00 $135.00 Hour
15-24 Yard Side Load (Driver) N/B $0.00 Hour
25 Yard or Larger Side Load (Driver) N/B $0.00 Hour
25 Yard or Larger Front Load (Driver and work can) N/B $0.00 Hour
Additional Laborer (per person as requested)$15.00 $22.50 Hour
Additional Services Offered by Contractor Regular Time Rate Overtime Rate Rate Per
1 Skid Loader /Bob Cat $95.00 $125.00 Hour
2 $0.00 $0.00
3 $0.00 $0.00
4 $0.00 $0.00
5 $0.00 $0.00
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
Attachment number 4
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Exhibit D: Eviction, Vacant Lot, Special Clean-up
Rate Rate Per
10 Yard Roll Off $125.00 Pull
20 Yard Roll Off $125.00 Pull
30 Yard Roll Off $150.00 Pull
40 Yard Roll Off N/B Pull
Regular Time Rate Overtime Rate Rate Per
Rear Load (Driver)$85.00 $95.00 Hour
Side Load (Driver)N/B $0.00 Hour
Front Load (Driver and work can) N/B $0.00 Hour
Additional Laborer (per person as requested)$15.00 $22.50 Hour
Additional Services Offered by Contractor Regular Time Rate Overtime Rate Rate Per
1 Loader/Bod Cat $95.00 $125.00
2
3
4
5
6
7
8
9
10
Attachment number 4
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CORPORATE CERTIFICATE
I, ______________________________ certify that I am the Secretary of the corporation
named as Contractor in the attached Contract; that _______________________________
who signed said Contract on behalf of the Contractor was then _____________________
of said corporation; that said proposal was duly signed for and in behalf of said
corporation by authority of its Board of Directors, and is within the scope of its corporate
powers; that said corporation is organized under the laws of the State of
_________________________.
This ____ day of _______________,2005
Corporate
Secretary:______________________________________
(name signed)
________________________________________
(name printed or typed)
(SEAL)
Attachment number 4
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NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of ____________________ County of ____________
I, ________________________________ being first duly sworn, deposes and says that:
He or she is _______________________ of___________________, the Bidder that has
submitted the attached Bid:
He or she is fully informed respecting the preparation and contents of the attached Bid
and of all pertinent circumstances respecting such Bid.
Such Bid is genuine and is not a collusive or sham Bid;
Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this Affiant, has in any way colluded,
conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person
to submit a collusive or sham Bid in connection with the Contract for which the attached
Bid has been submitted or to refrain from bidding in connection with such Contract, or
has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Bidder, firm or person to fix the price or
prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost
element of the Bid price or the Bid price of any other Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City
of Augusta or any person interested in the proposed Contract; and
Continued to the next page
Attachment number 4
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The price or prices quoted in the attached Bid are fair and proper and are not tainted by
any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or
any of its agents, representatives, owners, employees, or parties in interest, including this
Affiant.
BIDDER:________________________________
By:_____________________________________
(name signed)
________________________________________
(name printed or typed)
Date:____________________________________
Subscribed and sworn to me this ____ day of _________________, 2005
NOTARY PUBLIC: _____________________________
(name signed)
______________________________________________
(name printed or typed)
Commission Expires: ____________________________
(SEAL)
Attachment number 4
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NONCOLLUSION AFFIDAVIT OF SUBCONTRACTOR
State of______________________________
County of
I, ________________________________ being first duly sworn, deposes and says that:
1. He or she is ___________________________________________________
(Owner, Partner, Officer. Representative, or Agent)
RIBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBKHUHLQDIWHUUHIHUUHGWRDVWKH³6XEFRQWUDFWRU´
2. He or she is fully informed respecting the preparation and contents
RIWKH6XEFRQWUDFWRU¶V3URSRVDOVXEPLWWHGE\WKHSubcontractor to _____________
the Contractor for certain work in connection with the _________________________
Contract pertaining to the Project in _____________________________
3. 6XFK6XEFRQWUDFWRU¶V3URSRVDOLVJHQXLQHDQGLVQRWDFROOXVLYHRUVKDP Proposal;
4. Neither the Subcontractor nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, has in any way
colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm
or person to submit a collusive or sham Proposal in connection with such Contract or to
refrain from submitting a Proposal in connection with such Contract, or has in any
manner, directly or indirectly, sought by unlawful agreement or connivance with any RWKHU%LGGHUILUPRUSHUVRQWRIL[WKHSULFHRUSULFHVLQVDLG6XEFRQWUDFWRU¶V3URSRVDORU
to secure through collusion, conspiracy, connivance or unlawful agreement any
advantage against Augusta-Richmond County or any person interested in the proposed
Contract; and
5. 7KHSULFHRUSULFHVTXRWHGLQWKH6XEFRQWUDFWRU¶V3URSRVDODUHIDLUDQGSURSHUDQGDUH
not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of
the Bidder or any of its agents, representatives, owners, employees, or parties in interest,
including this affiant.
(Signed) ______________________________________
(Title)________________________________________
Subscribed and Sworn to before me this _________ day of _________, 2005
________________________________________
________________________________________ (Title)
My commission expires __________________________
(Date) (SEAL)
Attachment number 4
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NOTICE OF AWARD
To: Bill Polonus ± Augusta Disposal & Recycling
P.O. Box 334
Evans, GA. 30809
Project Description: ³6ROLG:DVWH&ROOHFWLRQV&RQWUDFW´
The Owner has considered the Bid submitted by you for the above-described work in response to
its Invitation to Bid and Information from Bidders.
You are hereby notified that your Bid has been accepted for items in the amount
determined by the contract based on the financial bids submitted for this contract, which will
become a part of this Contract as Exhibit B, C, and D.
You are required by the Information for Bidders/Contract Documents to execute the Agreement
DQGIXUQLVKWKHUHTXLUHG&RQWUDFWRU¶V3HUIRUPDQFH%RQG3D\PHQW%RQGDQGFHUWLILFDWHVof
insurance within fifteen (15) calendar days prior to the start date of the contract. However, in any
FDVHD³1RWLFHWR3URFHHG´ZLOOQRWEHJLYHQXQWLOWKHDERYH mentioned items are received. Early
delivery of said documents will expedite the contracting process. Augusta recommends
VXEPLVVLRQRIWKHUHTXLUHGERQGVDQGLQVXUDQFHZLWKWKHH[HFXWHG³1RWLFHRI$ZDUG´7KHVH
items may have an effective date of January 1, 2006.
If you fail to execute said Contract within thirty (30) days from the date of this Notice, Augusta
will be entitled to consider all your rights arising out of the Counties acceptance of your Bid as
abandoned and such other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the County.
Dated this 10th day of October, 2005.
Augusta-Richmond County_____________________________
By:_________________________________________________
Name and Title: Geri Sams, Director of Procurement_________
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by __________________ this the
_____ day of __________________,2005.
By: _____________________________________________
Name and Title: _____________________________________
Attachment number 4
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NOTICE TO PROCEED
To:
Project Description: ³6ROLG:DVWH&ROOHFWLRQV&RQWUDFW´
You are hereby notified to commence work in accordance with the contract dated
_______________, 2005, on or before January 1,2006 and you are to comply with all
terms, conditions, provisions, etc. as identified in the executed Contract.
Dated this ______day of___________________________,2005.
Augusta Richmond County___________________
By: _____________________________________
Name and Title:____________________________
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by________________
this the _____ day of ___________________, 2005.
By:__________________________________________
Name and Title:________________________________
Attachment number 4
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&(57,),&$7(2)$8*867$¶6 ATTORNEY
I, the undersigned, Stephen E. Shepard, the duly authorized and acting legal
representative of Augusta-Richmond County, do hereby certify as follows:
I have examined the attached Contract(s) and surety bonds and the manner of
execution thereof, and I am of the opinion that each of the aforesaid agreements
has been duly executed by the proper parties thereto acting through their duly
authorized representatives; that said representatives have full power and
authority to execute said agreements on behalf of the respective parties named
thereon; and that the foregoing agreements constitute valid and legally binding
obligations upon the parties executing the same in accordance with terms,
conditions and provisions thereof.
____________________________
(Signature)
Date:________________________
End of Contract
Attachment number 4
Page 77 of 77
Item # 9
Attachment number 5
Page 1 of 3
Item # 9
Attachment number 5
Page 2 of 3
Item # 9
Attachment number 5
Page 3 of 3
Item # 9
REVISED 2010 Solid Waste Collections Contract - Inland Services
1
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: County Responsibilities 7
Section 40: &RQWUDFWRU¶V5HVSRQVLELOLWLHV 8
Section 45: Contractor¶s Representations and Warranties 8
Section 50: County Representations and Warranties 9
Section 55: OSHA and Georgia 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 Inventory 14
Section 90: Traffic Laws, Noise Control 14
Section 95: Contractor¶s Office 15
B. Collection Services
Section 100: Collection Area 16
Section 102: Days of Collection 16
Section 104: Garbage Collection 16
Section 106: Yard Waste Collection 17
Section 108: Recycling 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: County Clean Up Events 23
Section 126: Time of Collection 24
Section 128: Scheduling of Collection 24
Section 130: Work on County Property 25
Section 132: Disposal and Recycling Locations 25
Section 134: Ownership of Materials Collected 26
Section 136: Scavenging 26
Attachment number 6
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Section 138: Holiday 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: Contract Carts 30
Section 148: Supplying Garbage Carts 30
Section 150: Supplying Recycling Bins 31
Section 152: Cart/Bin Storage 32
Section 154: Minimum Cart/Bin Percentage 33
Section 156: Cart/Bin Replacement Cost 33
Section 158: Delinquent and Closed Accounts 33
Section 160: Meetings and Communication 33
Section 162: Program Information During Contract Start-Up 34
Section 164: Program Information 35
C. Manner of Collection
Section 200: Contractor¶s Responsibility 36
Section 210: Employee Conduct 36
Section 220: Employee Uniforms 37
Section 230: Spillage 37
Section 240: Damage Claims 38
Section 250: Customer Grievances 38
D. Reporting Requirements
Section 300: Report/Information Specifications 39
E. Compensation
Section 400: Payment for Collection Services 40
Section 410: Payment Procedure 40
Section 420: Contract Unit Price 41
Section 430: Adjustments 41
Section 440: Wage Increases for Employees 42
Section 450: Withholding and Payment of Tax Liens and Judgments 42
F. Security, Liability, Damages
Section 500: Payment 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: Indemnity 50
Section 560: Liquidated Damages 50
Attachment number 6
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3
G. Equal Opportunity/Non-Discrimination, Drug Free Work Place
Section 600: Equal Employment Opportunity 53
Section 610: Equal Employment Opportunity ± Implementation 53
Section 620: Drug-Free Workplace 54
H. Operations Plan, Emergency Plan
Section 700: Operations Plan 56
Section 710: Emergency Plan 57
I. Ancillary Provisions
Section 800: Assignment of Pledge on Monies by the Contractor 59
Section 805: Assignment, Subcontracting, Delegation of Duties 59
Section 810: Audit and Inspection 60
Section 815: Contractor Will Not Sell or Disclose Data 60
Section 820: No Publicity 60
Section 825: Contract Rights 60
Section 830: Open Records Act 61
Section 835: Interpretation 61
Section 840: Law; Venue 61
Section 845: Discretionary Waiver of Right to a Jury Trial 61
Section 850: Specific Performance and Injunctive Relief 61
Section 855: Notices 61
Section 860: Severability 62
Section 865: Interest of the Parties 62
Section 870: No Bribery 62
Section 875: Change in Control 62
Section 880: Force Majeure 63
Section 885: Dispute Resolution 64
Other Items
Signature page 65
Example from section 146 66
Exhibits 67
End of Contract 76
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SOLID WASTE COLLECTION CONTRACT
BETWEEN AUGUSTA, GEORGIA (AUGUSTA RICHMOND COUNTY)
AND INLAND SERVICE CORPORATION
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¶V Solid Waste Department] KHUHLQDIWHU ³&RXQW\´ RU
³Augusta´ and Inland Service Corporation RI$XJXVWD³&RQWUDFWRU´WRSURYLGHIRU
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
Inland Service Corporation and the ³&RXQW\´
This Contract engages Inland Service Corporation of Augusta to collect Garbage, Yard
Waste, Recycling and Bulky Waste from Units within the Collection Area.
Section 10. Negotiation Costs
The Contractor shall bear its own cost of negotiating this Contract and developing all
required materials. The County 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 ________________, 2005 ³(IIHFWLYH'DWH´ . The collection services will begin on January 1, 2006 (³Start Date´) and continue
for a term of five (5) years, ending at Midnight December 31, 2010. The County and
Contractor through mutual agreement may extend this Contract for two (2) successive
one (1) year periods. The County must provide Contractor a minimum of 90 days notice
of its intent to extend the Contract. If the County extends this Contract, the same terms,
conditions, and methods of payment shall apply during the extension period.
&RXQW\¶VSD\PHQWREOLJDWLRQKHUHXQGHUIRUVXFFHHGLQJILVFDOSHriods shall be subject to
availability and appropriation of funds. In the event County does not appropriate funds,
at the beginning of a fiscal year for this Contract, said Contract shall terminate.
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Section 20: Incorporation of Exhibits
1. The Contractor and the County 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 the County, 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
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board, concrete, brick, metals, and other items attributed to
construction and demolition.
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.
County: Augusta, Georgia (Augusta-Richmond County, Georgia)
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.
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Red Tag: A notification given to the customer for the purposes of
informing/educating with the intent of eliminating future issues
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 items determined to be recyclable by the
County.
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 as approved by the County, but excludes
loose soil, Garbage, food waste, plastics, synthetic fibers, lumber,
human or animal excrement, or soil contaminated with hazardous
substances.
Section 35: County Responsibilities
The County shall be responsible for:
1. Making timely payments required by this Contract.
2. Inspecting Contractor performance, mediating and adjusting customer
grievances. The County may require special and other services as
contemplated in this Contract.
3. Specifying each FXVWRPHU¶V 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.
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Section 40: Contractor¶s Responsibilities
The Contractor shall be responsible for:
1. 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 permits and licenses and
required regulatory approvals (including all required by County 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 the County shall have the right to petition for an
equitable adjustment.
Section 45: Contractors Representations and Warranties
1. Organization and Qualification. 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. Authority.
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.
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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, permits, and other
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. 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 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
Area/Section(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 50: County Representations and Warranties
The County represents and warrants to the Contractor as follows:
1. Organization and Qualification. The County 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.
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2. Authority.
a. The County has the authority to execute this Contract, to make the
representations and warranties set forth in it and to perform the obligations
of the County under this Contract in accordance with its terms.
b. This Contract has been validly executed and constitutes a legally binding
and enforceable obligation of the County.
3. Government Authorizations and Consents. The County 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 the County as a prerequisite to its
execution of this Contract or its performance of its obligations contemplated
hereby.
4. Compliance With Laws. The County is not in violation of any applicable law,
ordinance or regulation, the consequence of which will or may materially
affect the CounW\¶VDELOLW\WRSHUIRUPLWVREOLJDWLRQVXQGHUWKLV&RQWUDFW7KH
County 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 the County 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 & Georgia 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
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.
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Section 60: Vehicles Used in Collection
1. All vehicles used for collection shall be registered with the State of Georgia
Department 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 the County, in its
reasonable discretion. Vehicles shall be uniquely numbered. &RQWUDFWRU¶V
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 the County, which
may include a County 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 &RQWUDFWRU¶V
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 the County.
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, the County¶Vcodes, ordinances, and rules.
7. TKH &RQWUDFWRU¶V FROOHFWLRQ YHKLFOHV VKDOO EH XVHG RQO\ RQ WKLV &RQWUDFW,
unless advanced written approval is given by the County. The Contractor may
use collection vehicles from other sources or use Contract vehicles for other
operations only with the prior written approval of the County. Should the
County authorize either of the above mentioned approvals, at no time may
non-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 County
property. Should the County 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
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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 the County 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 the County. Advance notice type
shall be by fax or e-mail, or other reasonable communications as determined
by the County.
Section 65: One Vehicle One Purpose
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 the County.
Consideration will be given to Contractors wishing to:
1. Utilize multi-collection type vehicles.
2. Technology and/or processing advances.
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 muVW EH PDGH LQ ZULWLQJ 7KH &RXQW\¶V GHFLVLRQ WR WKH
consideration request shall be final and binding.
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Section 70: Disposal/Vehicle Inspections and Permits
1. The Contractor is responsible for any and all fees associated with disposal
permits, inspection fees, truck stickers, etc. These permits 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 County landfill will charge a one hundred dollar ($100) annual fee for
each disposal sticker required.
3. Prior to the Start Date, and annually thereafter, the County shall have the right
to inspect all vehicles used to perform the Contract. The vehicle shall, at a
minimum, meet the Federal Department of Transportation standards, as well
as requirements listed in this Contract. A fee or reimbursement may be
collected from the Contractor for each individual inspection in an amount not
to exceed one hundred and fifty dollars ($150) per inspection. Should a
vehicle not pass inspection, the Contractor shall remedy any inspection
deficiency identified and have the vehicle re-inspected. All expenses
associated with the repair and re-inspection shall be the sole responsibility of
the Contractor.
4. The County may do random spot inspections as it deems reasonably
necessary.
5. Should the vehicle not pass inspection, the vehicle shall not be used under this
Contract until the vehicle has been repaired and passes such re-inspection.
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. At no time shall the average age of vehicles used in the collection Contract
exceed five (5) years in age for any Contractor, the subcontractors vehicles are
attributed to the Contractor's fleet.
3. 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.
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4. 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.
5. All supervisors vehicles used to perform functions under the Contract shall be
equipped with the following in complete and sound working order:
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: Ownership of Equipment
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 the County.
2. No further encumbrance shall be placed upon any such vehicles, facilities,
equipment, and property without the prior written approval of the County.
Section 85: Asset Maintenance and Inventory
The Contractor shall provide the County, 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 the County, 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: Traffic 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.
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Section 95: Contractor¶s Office
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 County staff. Phone service shall include phone lines and
voice mail adequate to handle the citizens¶ and the Count\¶V 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/UHWXUQHGE\WKH&RQWUDFWRU¶VRIILFHVWDIIZLWKLQVL[W\ PLQXWHV2IILFHKRXUVVKDOO
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 the County.
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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;
The County 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 the County.
The County 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: Days of Collection
The Contractor shall make all collections on the days of Monday through Friday, or as
otherwise required by County due to the nature of the services provided. Any deviations
to this shall have prior written approval from the County, and the County shall have the
final and sole decision.
Section 104: Garbage 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 the County 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 segregated 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.
5. The Contractor shall collect Garbage which is placed for collections that are in
accordance with this Contract. It shall be the ConWUDFWRU¶Vresponsibility to
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give notice to the County staff if it believes Garbage is not prepared and/or
located per the Contract specifications. Should the Contractor fail to notify
the County 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 the County.
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 the County 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
knowingly collect Yard Waste contaminated by fecal matter, unsegregated
Garbage, hazardous substances or other ineligible material.
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7. The Contractor shall collect Yard Waste which is placed for collections that
DUH LQ DFFRUGDQFH ZLWK WKLV &RQWUDFW ,W VKDOO EH WKH &RQWUDFWRU¶V
responsibility to give notice to the County staff if it believes Yard Waste is not
prepared and/or located per the Contract specifications. Should the Contractor
fail to notify the County 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: Recycling 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 the County.
3. The Contractor shall collect Recycling from designated Units which has been
placed in the appropriate Bin for collection.
4. The Contractor and the County 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 shDOOEHWKH&RQWUDFWRU¶VUHVSRQVLELOLW\WR
give notice to the County staff if it believes Recycling is not prepared and/or
located per the Contract specifications. Should the Contractor fail to notify
the County 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 Recycling from such Units(s) as
if it was disposed of properly pursuant to the terms of this Contract.
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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.
Section 110: Bulky 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 the County 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 the County.
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 tKLV &RQWUDFW ,W VKDOO EH WKH &RQWUDFWRU¶V
responsibility to give notice to the County staff if it believes Bulky Waste is
not prepared and/or located per the Contract specifications. Should the
Contractor fail to notify the County about a specific Unit(s) that it believes
Attachment number 6
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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
1. 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 the County 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 the County and the Contractor on a case-by-case basis to
accommodate extraordinary situations.
2. The County on a case-by-case basis may require alley collection. If alley
collection is required, the County 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. The County shall monitor any collection routes or a portion of a route on a
regular basis to determine if the Contractor is placing Carts/Bins 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 work 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 the
County and the Contractor. Any dispute over the correct placement for
individuals Handicapped/Special Needs will be finally determined by the
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County. 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 the County.
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
The County may add additional collection points within the Collection Area at its sole
option. This could include items such as County Cans, Bus Stops, Businesses, County
Buildings, or any other locations as directed by the County.
$UHDVRIWKH&RXQW\WKDWZHUHQRWLQFOXGHGLQWKHDZDUGHG&ROOHFWLRQ$UHD¶VPD\EH
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 the
County may negotiate to provide said services at a negotiated service level and cost.
Section 120: Force Majeure Clean Up
1. The trigger event for this section shall be when the following items are all
met:
a. The County 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, the County 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 Exhibit C of this
Contract.
4. Under this provision, the County may alter the specifications of the Garbage,
Recycling, Yard Waste, and Bulky Waste to fit the needs of the situation.
5. The County at its sole option may authorize the Contractor to temporarily
discontinue one type of service to provide additional resources to other service
types.
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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 the County.
7. 7RHVWDEOLVK³QRUPDOYROXPHV´, the County 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 PRQWK¶V average.
8. Should the County 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, Special Clean-up
1. The County 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. The County 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. The County 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. The County 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 the County.
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Section 124: County Clean-up Events
During the term hereof, Contractor shall provide the following Clean-up events at no
additional charges:
1. Summer Neighborhood ± In the Month of June, the Contractor shall provide
unlimited collection of Garbage, Yard Waste, Recycling and Bulky Waste 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.
b. Contractor shall collect Yard Waste which has 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, exceeds a maximum length of (5) feet and/or has a diameter greater
than 5 inches.
2. Winter Neighborhood ± In the Month of January, excluding the first year of
the Contract, the Contractor shall provide unlimited collection of Garbage,
Yard Waste, Recycling and Bulky Waste 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.
b. Contractor shall collect Yard Waste which has 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, exceeds a maximum length of (5) feet and/or has a diameter greater
than 5 inches.
3. 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:
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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 the
County 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 the County 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 the County. Maps must be defined well
enough, with enough detail, that County 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.
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5. Should the Contractor wish to alter routes or days of collection, the Contractor
shall provide the County 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
the County 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 the County
6. The County 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, the County 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 County Property
The Contractor will ensure that its employees shall, whenever on the CounW\¶VSURSHUW\
obey all instructions and directions issued by the County 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 the County when on County
property.
Section 132: Disposal and Recycling Locations
1. The Contractor shall deliver all Garbage collected under this Contract to the
CounW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
or such other locations as the County 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
the CounW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
30805, or such other locations as the County may designate, and shall deposit
the material collected in the manner directed.
3. The Contractor shall deliver all Recycling collected under this Contract to the
&RXQW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
or such other locations as the County 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
the CounW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
30805, or such other locations as the County may designate, and shall deposit
the material collected in the manner directed.
Attachment number 6
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5. All items collected and required to go to the CounW\¶V /DQGILOO VKDOO EH
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. The County shall bear all cost(s) associated with
disposal.
7. The County has the right from time to time to change the hours of operation at
the CounW\¶V/DQGILOO
8. The County 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 the County elect to change the disposal facility/location, which causes
a significant cost increase to the Contractor, the Contractor may petition the
County for an equitable adjustment. If the change in the disposal
facility/location causes a significant cost decrease to the Contractor, the
County 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 GLVSRVDOIDFLOLW\PXVWZHDUD³KDUGKDW´DWDOOWLPHV 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 the County 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 the County or
owner of said disposal facility, subject to the right of a customer to claim lost property of
value.
Section 136: Scavenging
No ³VFDYHQJLQJ´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.
Attachment number 6
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Section 138: Holiday 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
GD\DIWHU7KDQNVJLYLQJ)ULGD\¶VPDWHULDOVKDOOEHFROOHFWHGRQ6DWXUGD\,IChristmas,
New Years Day, Memorial Day, Fourth of July, or Labor Day falls on a regularly
VFKHGXOHGZRUNGD\FROOHFWLRQVZLOOEHGHOD\HGRQHGD\DQG)ULGD\¶VPDWHULDOVVKDOOEH
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
the County.
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. The County closes for a weather related issue.
2. The County notifies the Contractor of the Count\¶V wish to have the
Contractor suspend services for weather related issues.
3. The Contractor notifies the County of the Contractors wishes to suspend
services for weather related issues. The County 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
have, 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.
Section 142: Service Disruptions ± Non Weather
A number of collection impediments may require special efforts to accomplish collection
under this Contract.
Attachment number 6
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1. On-Street Parking
Certain nHLJKERUKRRG VWUHHWV DOORZ ³RQ-VWUHHW SDUNLQJ´ ZKLFK PD\ SUHVHQW
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 the County
prior to 4:30 p.m. on the day of service. The Contractor must provide to the
County 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 144WKH³EXVLQHVVGD\´LQFOXGHV6DWXUGD\
2. Notwithstanding the foregoing, the County 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
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
Contractor will leave an explanation (red tag) to help the customer correct the
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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, the County 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 the
County 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
/LVW³(/´
6. If the County transmits a ³miss´ 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 the County 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 the County that the Contractor is not
collecting these misses by noon Saturday, the County 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.
9. Failure to comply with the above stated provisions shall have Liquidated
Damages as stipulated in Section 560.
Attachment number 6
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Section 146: Contract Carts
1. The Contractor shall provide all Garbage carts for this Contract. A specific
rental rate will be charged for each Cart used under this Contract for the
current month. The cart rental rate will be the monthly rate as specified in
Exhibit B of this Contract
2. At the end the initial Contract period, the Contractors Carts shall become the
property of the County free and clear, with no further encumbrance due.
3. Should the County elect to replace the Contractors Carts with Carts provided
by the County, at any point in the Contract, the Contractor shall promptly
remove their Carts and replace them with the Carts provided by the County.
Once Carts are received by the Contractor, no further rental rates may be
charged for the Contractors Carts as defined above.
4. Should the County elect to replace the Contractors Carts, the Contractor will
be paid a proration for the month in which the (County owned) Carts were
received by the Contractor. The proration amount for each Cart received by
the Contractor shall be calculated by taking the monthly Cart rental rate in
Exhibit B and dividing it by thirty one (31) days, then multiplying that number
by the number of days from the first of the month until the date the County
Carts were received by the Contractor multiplied by the number of Carts
received. Prorations and implementation amounts will be paid as follows:
a. 0-100 Cart(s) received, the Contractor shall be paid the proration amount.
b. 101-200 Carts received, the Contractor shall be paid the proration plus
seven (7) days from the date of receipt.
c. 201-300 Carts received, the Contractor shall be paid the proration plus
fourteen (14) days from the date of receipt.
d. 301-400 Carts received, the Contractor shall be paid the proration plus
twenty one (21) days from the date of receipt.
e. In excess of 400 Carts received, the Contractor shall be paid the proration
plus thirty (30) days from the date of receipt.
Example: See Attached Example Below
Section 148: Supplying Garbage Carts
1. The Contractor will supply the Customers with Carts for distribution to the
Customer. Carts will be a water-tight plastic container that is provided by the
Contractor, that shall not be less than 95 gallons in capacity, fitted with a
Attachment number 6
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sturdy handle, roll able and a tight fitting lid, for the purpose of collecting
Garbage.
2. Carts for new customers shall be delivered within two (2) days of notification
from either the customer or the County. Carts will be delivered in a clean,
sanitary, working condition.
3. The Carts shall be provided with instructions of proper use, including any
customer actions that would void PDQXIDFWXUHU¶V warranties, such as
placement of hot ashes in the Cart causing the Cart to melt, and procedures to
follow to minimize potential fire problems. A pamphlet explaining the dos
DQGGRQ¶WV program requirements, directions for placement of the Cart, and
notification of the day of the week when the customer will receive collection
will be provided with each Cart.
4. The pamphlet containing the dos DQGGRQ¶WV program information and the
directions for placement shall be supplied by the County.
5. No other cans or Carts may be placed into service unless approved by the
County or as otherwise noted in the Contract.
6. Should a customer require a replacement Cart due to loss, stolen or damage,
the Contractor has two (2) days to replace the Cart with a Cart in clean,
sanitary, working condition. A list of lost or damaged Carts will be provided
to the County with the Monthly Report, to include address so the County may
bill the appropriate party. The Contractor is responsible for all repairs to
Carts. Only factory or approved parts may be used to repair said Carts. Any
damaged Carts, which are owned by the County, that can not be repaired by
the Contractor shall be returned to the County so they may follow the
warranty process.
7. If a customer discontinues service, the Contractor has two (2) days to collect
the Cart.
8. All Carts physically returned to the County shall be clean, sanitary, and in
working condition, unless being returned for damages beyond repair, then the
Cart must be returned clean and sanitary.
Section 150: Supplying Recycling Bins
1. The County will supply the Contractor with Bins for distribution to the
Customer. A bin is a water-tight plastic container that is provided by the
County, 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.
Attachment number 6
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2. Bins for new customers shall be delivered within two (2) days of notification
from either the customer or the County. Bins will be delivered in a clean and
sanitary condition.
3. The Bins shall be provided with instructions of proper use, including any
customer actions that would void manufacturHU¶V warranties, such as
placement of hot ashes in the Bin causing the Bin to melt, and procedures to
follow to minimize potential fire problems. A pamphlet explaining the dos
DQGGRQ¶WV program requirements, directions for placement of the Bin, and
notification of the day of the week when the customer will receive collection
will be provided with each Bin.
4. The pamphlet containing the dos DQGGRQ¶WV program requirements and the
directions for placement shall be supplied by the County.
5. No other cans or Bins may be placed into service unless approved by the
County or as otherwise noted in the Contract.
6. Should a customer require a replacement Bin due to loss, stolen or damage,
the Contractor has two (2) days to replace the Bin with a Bin in clean,
sanitary, working condition. A list of lost or damaged Bins will be provided
to the County with the Monthly Report, to include address, so the County may
bill the appropriate party. The Contractor is responsible for all repairs to Bins.
Only factory or approved parts may be used to repair said Bins. Any damaged
Bins that can not be repaired by the Contractor shall be returned to the County
so they may follow the warranty process.
7. If a customer discontinues service, the Contractor has two (2) days to collect
the Bin.
8. All Bins returned to the County shall be clean, sanitary, and in working
condition, unless being returned for damages beyond repair, then the Bin must
be returned clean and sanitary.
Section 152: Cart/Bin Storage
The Contractor shall provide storage space for carts and bins. The Contractor shall
provide enough space to store the equivalent of two and a half percent (2.5%) of the total
number of units serviced for the Collection Area for each type of Cart and Bin offered or
cumulative total there of.
Example
Contract Area has 5,000 units, then the Contractor shall store up to 125 garbage Carts and
125 recycling Bins = 250 total carts/Bins stored.
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Section 154: Minimum Cart/Bin Percentage
The Contractor shall keep a minimum inventory of one half of one percent (½%) of each
size Cart and Bin used under with this Contract.
Section 156: Cart/Bin Replacement Cost
The County shall have the right to charge the Contractor for the cost of repair or
replacement of Carts and/or Bins which are owned by the County, if such repair or
replacement is required as a result of abuse or damage caused by the Contractor. The
County 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 Carts/Bins will be provided to the County
with the Monthly Report so the County may bill the appropriate party. The Contractor is
responsible for all repairs to Carts/Bins. Any damaged Bins that can not be repaired by
the Contractor shall be returned to the County.
Section 158: 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 the County. Upon further written notification by the
County, the Contractor shall resume any and/or all collections on the next regularly
scheduled collection day.
Section 160: Meetings 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 DJUHHGWRE\WKHSDUWLHV VKDOOEHUHIHUUHGWRDVWKH³,PSOHPHQWDWLRQ3KDVH´
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 &RQWUDFWRU¶VSHUIRUPDQFHLQLPSOHPHQWLQJWKH&RQWract, 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 the County 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 162: Program Information During Contract Start-Up
All items listed below may be generated by the County. Prior to the start date of the
Contract, the Contractor shall deliver to all Units receiving services, the materials created
by the County to address issues such as the following. This list may not be all inclusive.
1. Materials to be collected and how such materials are to be prepared.
2. Date that the customer shall begin using the new Cart/Bin that was delivered.
3. Cart and material placement information.
4. &RQWUDFWRU¶V Welephone number that customers should call for additional
information or for questions.
5. Telephone number of the County department that customers can call for
additional information or for questions.
The Contractor shall be responsible for informing the Customer of the Collections
schedule for each Unit serviced prior to the start date. The format of said information
shall be printed, and delivered to each service address via door hanger or other approved
format. The Contractor shall have approval from the County prior to any distribution of
these materials.
The above information may further be required to be attached to any new Cart/Bin
delivered or anytime that a Cart/Bin is delivered to a customer.
The County shall approve all customer information materials, promotions, and
educational activities and materials developed by the Contractor in advance of their
production, implementation, or distribution. All public information materials will
conform to the CounW\¶VJXLGHOLQHVDQGLQFOXGHWKH&ounW\¶VLGHQWLW\
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Section 164: 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 the County. The literature for
said information will be generated by the County.
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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: Employee 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 the County.
2. When the County identifies unsatisfactory conduct by an employee and the
County 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 the County 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.
3. The Contractor will notify the County of remedial action taken in its monthly
reports.
4. The County 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, the County will have the sole right to
require the removal and replacement of such employee(s) by the Contractor
and/or subcontractors. The County shall exercise such right by providing
written notice to the Contractor via U.S. Mail, fax or email. Such notice will
include the County¶VUHDVRQIRUWKHUHTXHVW
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.
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7. 7KHWHUP³SHUVRQQHO´VKDOOLQFOXGHDOOVWDIISURYLGHGE\WKH&RQWUDFWRURULWV
subcontractors who have worked or perform services under this Contract.
Section 220: Employee 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 ³ANSI´ 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
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, VXSHUYLVRUVVKDOOKDYHWKHZRUG³VXSHUYLVRU´
placed in a conspicuous place.
Section 230: Spillage
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.
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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 the County immediately.
3. Failure to comply with these requirements is subject to Section 560
Liquidated Damages.
Section 240: Damage 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 the County immediately of any damages and/or
damage claims as set forth in the section above, and shall indemnify and hold
harmless the County for same. Written notice of any damages and/or damage
claims shall be provided to the County 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, the County at its sole option may extend the
above mentioned time period. If the damage claim is deemed as Contractors
responsibility by law enforcement, their designee, or independent
individual/organization trained to investigate such items and is not resolved
within the applicable period, the County 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 the
County¶VUHTXHVWWKHUHSUHVHQWDWLYHZLOOMRLQWKHCounty 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.
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D. Reporting/Information Requirements
Section 300: Report/Information Specifications
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.
The County reserves the right to dictate format, style and to the extent possible,
standardization of all reports and information required under this Contract. The County
may require reports in hard copy and/or 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. The County further reserves the right to alter the reporting requirements from
time to time.
1. Spare vehicle utilization ± (Section 62)
2. Asset Inventory List (Section 85)
3. Handicapped/Special Needs ± as needed (Section 114)
4. Force Majeure Clean-Up ± as needed (Section 120)
5. Eviction, Vacant Lot, Special Clean-Up ± as needed (Section 122)
6. Disposal and Recycling ± as needed (Section 132)
7. Service Disruption ± as needed (Section 142)
8. Red tag, not out, etc. ± daily (Section 144)
9. Lost and/or Damaged Carts (Section 148 and 150)
10. Employee remedial action ± (Section 210)
11. Damage Claims ± (Section 240)
12. Service increase/decrease ± (Section 410)
13. CPI increase ± (Section 430)
14. Equal Employment ± (Section 600 and 610)
15. Emergency Plan ± (Section 700)
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E. Compensation
Section 400: Payment for Collection Services
1. The County 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. $8QLWZLOOEH³ELOODEOH´Ln the current month if the Unit starts services on the
1st through the 14th GD\ RI WKH PRQWK 7KH 8QLW ZLOO EH ³ELOODEOH´ WKH
following month if the Unit starts services on the 15th through the 31st day of
the month.
3. Should a Unit sit vacant/idle, and no service rendered for a full month, then WKDW8QLWVKDOOQRWEH³ELOODEOH´DQGVKRXOGEHUHPRYHGIURPWKH&RQWUDFWRUV
monthly invoice and service list.
4. The County shall deduct any assessments due from the payment owed to the
Contractor.
5. The County shall add additional moneys owed for additional services
provided for under this Contract.
Section 410: Payment Procedure
1. The Contractor shall generate and submit a service listing of all current
customers, including service address and Cart/Bin numbers, which meets the
definition(s) provided by the Solid Waste Department, which is at least 99%
accurate by November 1, 2005.
2. The Contractor shall maintain its service listing with at least 99% accuracy,
listing any service increases or decreases meeting the above stated
requirements for the month of December, 2005.
3. The Contractor shall submit a monthly invoice to the County 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.
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5. The County shall pay the Contractor within thirty (30) days of receipt of an
undisputed invoice.
6. Payment requests shall be accompanied by:
b. 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.
c. 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.
d. 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.
e. Payment for services will not be paid until the above mentioned items
have been received.
7. Should the County 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.
Section 420: Contract Unit Price
See Exhibit B.
Section 430: Adjustments
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 ³&3,´. Means the Consumer Price Index for All Urban Consumers
³&3,-8´ Atlanta, Georgia ± Atlanta, Georgia, All Items, 1982-1984
equals 100, published by the United States Department of Labor, Bureau RI/DERU6WDWLVWLFV ³%/6´ RULWVVXFFHVVRU,I%/6GHVLJQDWHVDQLQGH[
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.
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a. The CPI Index percentage change will be determined from January 1st to
December 31st of the previous year, with an implementation of the
increase on June 1st, and every June 1st thereafter with the first increase
starting in June of 2007.
b. The Contractor must notify the County in writing by March 31st of each
year beginning March of 2007, 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 Employees
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.
Section 450: Withholding and Payment of Tax Liens and Judgments
The County 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, the County may in
its discretion institute interpleading proceedings. The County 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.
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F. Security, Liability, Damages
Section 500: Payment Bond
1. The Contractor shall furnish the County a bond with a corporate surety
acceptable to the County in the amount equal to twenty five (25%) of the
annual Contract amount. The bond shall be valid and non-cancelable for a
period not less than one (1) year and the Contractor shall provide a new bond,
or evidence satisfactory to the County of the renew ability of the current bond
at least forty five (45) calendar days before it expires.
2. The initial payment bond must be in place fifteen (15) days prior to the Start
Date of the Contract.
3. The bond shall be for the use and benefit of the County, with a surety
company authorized to do business in the State of Georgia and acceptable to
the County. 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 the County a bond with a corporate surety
acceptable to the County in the amount equal one hundred percent (100%) of
the annual Contract amount. The bond shall be valid and non-cancelable for a
period not less than one (1) year and the Contractor shall provide a new bond,
or evidence satisfactory to the County of the renew ability of the current bond
at least forty five (45) calendar days before it expires.
2. The initial payment bond must be in place fifteen (15) days prior to the Start
Date of the Contract.
3. The bond shall be for the use and benefit of the County, with a surety
company authorized to do business in the State of Georgia and acceptable to
the County. Said bond shall be conditioned that should such Contractor
faithfully perform 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.
Attachment number 6
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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 the County, 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 County 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. 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, the County shall give notice to the
Contractor and its surety. Within 7 days, Contractor may demand a 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 the County, why the
Contractor should not be declared to be in default of this Contract, the County
may make a declaration of default. In evaluating whether to make such a
declaration of default, the County shall, in its discretion, consider the severity
of the alleged violations, and the overall performance of the Contractor under
the Contract.
3. In declaring the Contractor to have defaulted on the Contract, the County also
may order the Contractor to discontinue further performance of work under
the Contract and transfer the obligation to perform such work from the
&RQWUDFWRUWRWKHVXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGDQGWDNHDQ\
other action it deems advisable.
Attachment number 6
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4. Under receipt of a notice that the work has been transferred to the surety
without termination of the Contract, the surety shall take possession of all
materials and equipment described in the most recent inventory submitted to
the County pursuant to Section 85 hereof, for the purpose of completing the
work under the Contract, employ, by the Contract or otherwise, any person
and/or all persons needed to perform the work; and provide materials and
equipment required therefore. Such employment shall not relieve the surety
of its obligations under the Contract of bond. If there is a transfer to the
surety, payments shall be made to the surety or its agent for all work
performed under the Contract subsequent to such transfer, in amounts equal to
those that would have been made to the Contractor had it performed in the
PDQQHUDQGWRWKHH[WHQWRIWKHVXUHW\¶VSHUIRUPDQFHDQGWKHContractor shall
have no claim upon the same.
5. ,QWKHHYHQWWKHVXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGIDLOVWRDVVXPH
or continue performance within two (2) days after its receipt of notice that the
work has been transferred to such surety, the Contractor shall be deemed to
have leased, subleased, or otherwise license the County to use all, or whatever
portion is desired by the County, of the materials and equipment described on
the most recent inventory submitted to the County pursuant to Section 85
hereof, for collection (and processing) purposes for a period of up to one (1)
year following the date of the declaration of default by the County without
requiring the County to execute any other document whatsoever to accomplish
such lease, sublease, or license and without requiring the County to post any
bond, pledge, deposit or other security for such equipment and materials, but
upon the condition that the County pay for the equipment and materials
actually used for such collection a market rental that is no greater than (i) the
monthly lease, in the event such property is leased by the Contractor, (ii) the
periodic installment, in the event such property is being acquired under a
purchase Contract, (iii) the periodic financing interest and principal, in the
event such property is being acquired under a purchase Contract, or (iv) the
financing arrangement; provided, that under no circumstances shall the
County be liable during its use of such property for any arrearages, balloon
payment, accrued interest, accelerated charges in the event of a default, or
other extraordinary payment; nor shall the satisfaction thereof be a condition
of the County¶V LQWHULP XVH RI VXFK SURSHUW\ SURYLGHG IXUWKHU WKDW VXFK
lease, sub-lease, or license shall be suspended the date the surety on the
&RQWUDFWRU¶VERQGRULWVDJHQWDFFHSWVWKHWUDQVIHURIZRUNXQGHUWKH&RQWUDFW
6. In the event the County 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 the County shall retain such difference;
but in the event such cost to the County is greater, the Contractor and its
surety shall be liable for and pay the amount of such excess to the County.
Attachment number 6
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7. All payments due the Contractor at the time of default, less amounts due the
County from the Contractor, shall be applied by the County against damages
suffered and expense incurred by the County to reason of such default, any
excess shall be paid to the Contractor unless otherwise provided herein.
8. 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
WKH&RQWUDFWRU¶VFRQWURO, as defined in section 880, shall not be deemed to be a
default and the rights and remedies of the County provided for herein shall be
inapplicable; provided that all labor disputes as defined in section 880 hereof VKDOOQRWEHFRQVLGHUHGDFDXVHEH\RQGWKH&RQWUDFWRU¶VFRQWURO as defined in
section 880.
Section 530: Commitment of Equipment
1. Unless a replacement or substitute is provided, all vehicles, facilities,
HTXLSPHQWDQGSURSHUW\LGHQWLILHGLQWKH&RQWUDFWRU¶VLQYHQWRU\XQGHU6HFWLRQ
85 IRUXVHLQWKHSHUIRUPDQFHRIWKLV&RQWUDFW FDOOHG³VXFKSURSHUW\´ VKDOO
be available for use in collecting Garbage, Yard Waste, Recycling, and Bulky
Waste. When provided, this Section applies to the replacement and substitute.
2. For the duration of this Contract, any document (including a lease to or by the
Contractor, financing Contract, acquisition over time, mortgage, or other
instrument establishing a security interest) that encumbers or limits the &RQWUDFWRU¶VLQWHUHVWLQVXFKSURSHUW\VKDOO
a. $OORZWKHVXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGWRWDNHRYHUWKH
&RQWUDFWRU¶V REOLJDtions and to continue the use of the equipment in
service for performance of the Contract;
b. $OORZWKH&RXQW\WRWDNHRYHUWKH&RQWUDFWRU¶VREOLJDWLRQVDQGWRFRQWLQXH
the use of the equipment in service for performance of the Contract;
c. Exempt the County from liability during its usage of such property for
arrearages, balloon payments, accrued interest, accelerated charges on
account of a default, or other extraordinary payments, and not make
satisfaction thereof a condition of the County¶VLQWHULPXVDJH Dnd
d. Forbare DQ\ IRUHFORVXUH WUXVWHH¶V VDOH RU RWKHU GLVSRVVHVVLRQ RI WKH&RQWUDFWRU¶VLQWHUHVWLQVXFKSURSHUW\ZLWKRXWJLYLQJERWKWKHCounty and VXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGVL[W\ GD\VSULRUQRWLFH
and then make any termination of WKH &RQWUDFWRU¶V LQWHUHVW LQ VXFK
property pursuant to such action or the enforcement thereof subject to the
requirement of Subsections 1, 2, and 3 of this section.
Attachment number 6
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3. To assure compliance with this Section, the Contractor shall submit to the
County for review and approval or disapproval prior to execution all contracts,
leases, or other documents for acquisition of, or encumbering or limiting the
&RQWUDFWRU¶VLQWHUHVWLQVXFKSURSHUW\RUIRUUHSODFHPHQWVWKHUHRIDQGDQ\
proposed agreement that would encumber or transfer any interest of the &RQWUDFWRU LQ VXFK SURSHUW\ EHIRUH WKH &RQWUDFWRU¶V H[HFXWLRQ RI VXFK
agreement. The County¶VDSSURYDOVKDOOQRWEHXQUHDVRQDEO\ZLWKKHOG
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 the County evidence
of a policy or policies of insurance as enumerated below, which name the
County as an additional insured:
2. A policy of Commercial General Liability Insurance, written on an insurance
industry standard occurrence form, including the following FRYHUDJH¶V:
a. Premises/Operations Liability
b. Products/Completed Operations Liability
c. Personal/Advertising 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 Aggregate
d. $1,000,000 Personal & Advertising Injury
e. $250,000 Fire Damage
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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
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 Georgia Annotated.
Such policy must provide the following minimum limits:
a. Statutory coverage for injuries and occupational disease.
b. (PSOR\HU¶V/LDELOLW\
7. Any deductible or self-insured retention must be disclosed and is subject to
approval by the County. The cost of any claim payments falling within the
deductible shall be the responsibility of the Contractor.
8. If any such policy is written on a ³&laims 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 ³Claims 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 the County with proof of renewal. If
renewal of the claims made form of coverage becomes unavailable, or
economically prohibitive, Contractor shall purchase an extended reporting
perioG ³WDLO´ RUH[HFXWHDQRWKHUIRUPRIJXDUDQWHHDFFHSWDEOHWRWKHCounty
to assure financial responsibility for liability for services performed.
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a. Additional Insured and Primary Insurance Provisions:
Such insurance, as provided under items (1), and (2) above, shall be
endorsed to include the County, 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 the County.
In addition, ContUDFWRU¶VLQVXUDQFHVKDOOEHSULPDU\DQGDQ\RWKHU
insurance maintained by the County 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 the County 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
commercial general liability policy a form CG 2010 (ISO) or
equivalent.
iii. $FRS\RIWKH³(QGRUVHPHQW)RUP/LVW´WRWKHSROLF\RUSROLFLHV
showing endorsements issued on the policy, and including any
company-specific or manuscript endorsements.
iv. A copy of an endorsement stating that the FRYHUDJH¶V provided by this
policy to the County 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 the County.
v. $FRS\RID³6HSDUDWLRQRI,QVXUHG´RU³6HYHUDELOLW\RI,QWHUHVW´
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 the County as
to company (must be rated A- 9,,RUKLJKHULQWKH$0%HVW¶V.H\5DWLQJ
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
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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 the County 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 FRYHUDJH¶V 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: Indemnity
The Contractor(s) shall defend, indemnify and save harmless the County and the
County¶V 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 (collectively ³ORVVHV´ 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 the County or the County¶VDJHQWVDQGDOOWKLUG
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 of)
the presence of the Contractor or its subcontractors or their property, employees or
agents, upon or in proximity to the property of the County or any other property (upon
which the Contractor is performing any work called for), except only those losses
resulting solely from the negligence of the County.
Section 560: Liquidated Damages ± Reasonable pre-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.
The County and Contractor expressly agree that the potential harm or injury to
the County caused by the following incidents of substandard performance are
difficult or impossible to accurately estimate. The County and Contractor
stipulate that the following damages are a reasonable pre-estimate of the
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probable loss to the County 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 payment
to the Contractor.
3. This section will be effective on and after February 1, 2006.
a. Performance
Standard
(Omission): Not placing Carts/Bins back in their original locations in a
neat and orderly manner, Carts/Bins upright, and
thoroughly emptied. (Section 114)
Damage: $25 per incident
b. Performance
Standard
(Omission): Commencement or completion of collections outside of
contract specifications except as expressly permitted
herein. (Section 126)
Damage: $100 per incident (each truck is a separate incident plus
starting early and ending late will be considered two
events)
c. Performance
Standard
(Omission): Failure to collect spillage. (Section 230)
Damage: $100 per incident per day (each Unit represents a separate
incident)
d. Performance
Standard
(Omission): Failure to collect missed Garbage, Yard Waste, Recycling
or Bulky Waste pursuant to this Contract. (Section 144)
Damage: $25 per incident to a maximum of $500 per truck per day
for each type of collection (Garbage, Yard Waste, etc.)
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e. Performance
Standard
(Omission): Failure to deliver or replace Carts/Bins as specified in the
Contract. (Sections 148 and 150.)
Damage: $25 per Carts/Bins per day.
f. Performance
Standard
(Omission): Failure to start the Contract on the Start Date.
Damage: $5,000 per day.
g. Performance
Standard
(Omission): Mixing of Contract waste with non-contract waste. (Section
60)
Damage: $5,000 per event
h. Performance
Standard
(Omission): Intentional disposal of Yard Waste and/or Recycling
Materials placed in a collection vehicle collecting Garbage.
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 the
County 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 the County from recovering other damages in addition to the
payments made hereunder which the County can document as being
attributable to the above referenced failures. In addition to other costs that
may be recouped, the County 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.
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G. Equal Opportunity/Non-Discrimination, Drug Free Work Place
Section 600: Equal Employment Opportunity
1. The Contractor shall not discriminate against any employee or applicant for
employment 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 the County of any alleged
violation(s) of employment 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 the County of the final disposition
of such cases within ten (10) days of becoming aware of the final disposition.
Section 610: Equal Employment Opportunity ± Implementation
1. The Contractor shall obtain in writing from each subcontractor or participant
in a joint venture, an affirmative action policy or program and retain such
written policy or program for inspection by the County.
2. The Contractor shall be responsible for the compliance of subcontractors or
joint ventures. Appropriate sanctions for noncompliance will be imposed on
the Contractor. The requirements for the Contractor apply to subcontractors, UHJDUGOHVVRIWLHU7KH&RQWUDFWRU¶VUHVSRQVLELOLW\LQFOXGHVREWDLQLQJHTXDO
employment opportunity documentation from subcontractors or joint ventures
and reviewing the same as to validity and compliance. The Contractor shall
VXEPLWVXFKGRFXPHQWDWLRQFRQFXUUHQWZLWKWKH&RQWUDFWRU¶VRZQVXEPLWWDOV
3. The Contractor will, prior to commitment and during the term of this Contract,
furnish to the County upon their request and on such form as may be provided
Attachment number 6
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by the County, a report of the affirmative action taken by the Contractor in
implementing the terms of these provisions, and will permit access to their
records of employment, employment advertisements, application forms, other
pertinent data records requested by the County for the purpose of investigation
to determine compliance with this provision. If upon investigation, the
County finds probable cause to believe that the Contractor has failed to
comply with any of the terms of these provisions, the Contractor and the
County shall be so notified in writing. The County shall give the Contractor
an opportunity to be heard, after ten (10) days notice. If the County finds
cause, the County may suspend the Contract and/or withhold any funds due or
to become due to the Contractor, pending compliance by the Contractor with
the terms of these provisions. Failure to comply with any of the terms of these
provisions shall be a material default of the Contract.
4. The foregoing provisions will be inserted in all subcontracts for work covered
by this Contract.
Section 620: Drug ±Free Workplace
1. The County 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
GDQJHUV RI GUXJ DEXVH LQ WKH ZRUNSODFH LL WKH &RQWUDFWRU¶V SROLF\ RI
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;
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.
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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.
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H. Operations Plan, Emergency Plan
Section 700: Operations Plan
1. After the Contract has been awarded and no less than ninety (90) days prior to
the Start Date, the Contractor shall prepare and submit to the County a
comprehensive and detailed Operations Plan, which describes in detail all
tasks, procedures and resources associated with the transition from the
&RXQW\¶VFXUUHQWContract for Garbage, Yard Waste, Recycling and Bulky
Waste collection to the awardees of this Contract. The Operations Plan, once
approved by the County, will become a part of this Contract.
2. The Operations Plan shall spell out in detail all costs, steps, tasks, activities,
events, procedures and resources necessary for the Contractor to provide for a
smooth and efficient transition from the County¶VFXUUHQWservice providers to
the Contractor awardees, with minimum disruption to the County¶V&XVWRPHU.
The Operations Plan will further contain a time line and completion date for
all such tasks and activities. The Contractor will ensure that certain essential
operations as set forth in the Operations Plan will not be interrupted by any
part of the transition. The Contractor shall seek the County¶V LQput in
developing the Operations Plan, and the Operations Plan shall not be deemed
final until accepted in writing by the County.
3. The Operations Plan shall be maintained by the Contractor, and shall be
updated and submitted to the County on a weekly basis throughout the
implementation phase to reflect the current status of all work. Aside from
updates to show tasks accomplished, no changes to the Operations Plan shall
be made without the prior written approval of the County.
4. The County shall have the right to audit, on its own behalf or through agents,
the Operations Plan and the progress of all work throughout the
implementation. The County or its agents shall be entitled to conduct audits
as it sees fit.
5. The Contractor will adhere to the schedule set forth in Operations Plan
regarding the transition and implementation of its Garbage, Yard Waste,
Recycling, and Bulky Waste. There shall be no extensions of the time periods
or completion dates set forth in the Operations Plan without the County¶V
written consent.
6. When stating days in the Operations Plan, it is to be based on Calendar Days.
7. Throughout the implementation phase weekly reports will be made to the
County regarding the progress of the transition.
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8. Samples of items to include in the operations plan would be;
a. Acquiring assets, preparing assets for collection, scheduling asset
inspections, etc.
b. Asset Inspections.
c. Developing asset inventory lists.
d. Setting up contractors offices.
e. Ensuring disposal stickers are purchased, and placed on vehicles.
f. Setting up routes, and creating service maps.
g. Procedures for notifying customers of new collection days.
h. Procedures for orientation of collection and Cart/Bin delivery personnel
including route coordination/cooperation with County staff.
i. Identifying handicapped/special needs customers.
j. Procedures for transmitting information to and from the County and the
Contractor
k. Procedures for applying, appealing and reversing liquidated damages.
l. Standards for electronic transfer of information.
m. Acquisition of bonds and insurance.
n. Developing an emergency plan.
Section 710: Emergency Plan
1. At least thirty (30) days prior to the Start Date, the Contractor shall submit an
Emergency Plan to the County which shall detail those actions which the
Contractor will take to deal with emergency situations such as extreme cold
temperatures, snow/ice, fire, or natural disaster which would require a
deviation from normal operating procedures.
2. The Emergency Plan shall also include emergency phone numbers of the
Contractor, and for key contact persons, such that a responsible contact person
is available to the County at all times. The Emergency Plan must also include
customer notification procedures.
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3. Upon submission of the Emergency Plan to the County, the County shall
approve or reject the Emergency Plan. If the Emergency Plan is rejected, the
Contractor and the County will begin negotiations to develop a mutually
agreeable Emergency Plan prior to the Start Date of the Contract.
4. The emergency plan shall be updated annually in the month of January.
Additional updates are required when items in the plan change or need
updated.
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I. Ancillary Provisions
Section 800: Assignment of Pledge of Monies by 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 thirty (30) days prior written notice to the
County RIVXFKDVVLJQPHQWVRUSOHGJHWRJHWKHUZLWKDFRS\RIWKHVXUHW\¶VDSSURYDO(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, Subcontracting, 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 the County. The Counties 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 the County, which approval may be withheld in the County¶V VROH
discretion. Notwithstanding the foregoing, the County¶VDSSURYDOVKDOOQRW
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 the
County 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 collection with the County for the portion of the County 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 the County for the satisfactory performance of the work
assumed. The County may condition its approval upon the delivery by the
assignee, subcontractor or other obligor of its covenant to the County 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 the County.
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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 the County
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, the County 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
&RQWUDFWRU¶VFRPSOLDQFHZLWKDOOWKHWHUPVDQGFRQGLWLRQVRIWKH&RQWUDFW
2. During the term of the Contract, the County shall have the right to inspect any
item deemed necessary to ensure that Contract provisions are/were being met.
This can include, but is not limited to; site visits to the office or other
locations used under this Contract, disposal locations, field, shop inspections
or equipment, etc.
Section 815: Contractor Will Not Sell or Disclose Data
The Contractor will treat as confidential information, all data in connection with the
Contract. County data processed by the Contractor shall remain the exclusive property of
the County. The Contractor will not reproduce, copy, duplicate, disclose or in any way
treat the data supplied by the County in any manner except as contemplated by this
Contract.
Section 820: No Publicity
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 the
County. The Contractor, its agents or representatives shall not reference this Contract or
the County in any manner without the prior written consent of the County.
Section 825: Contract Rights
1. The parties reserve the right to amend this Contract from time to time by
mutual agreement in writing.
2. Rights under this Contract are cumulative, and in addition to rights existing at
common law.
3. Payment by the County and performance by the Contractor do not waive their
Contract rights.
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4. Failure by either party on any occasion to exercise a Contract right shall not
forfeit or 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.
Section 830: Open Records Act
Contractor acknowledges that County records including this Contract are subject to
*HRUJLD¶V 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: Discretionary Waiver of Right to a Jury Trial
The Contractor and County 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 850: Specific Performance and Injunctive Relief
The Contractor agrees that the services are critical to the County¶VRSHUDWLRQDQGWKDW
monetary damages are not an adequate remedy for the Contractors failure to provide
services as required by the Contract, nor could damages be the equivalent of the
performance of such obligation. Accordingly, the Contractor hereby consents to an order
granting specific performance of such obligations of the Contractor in a court of
competent jurisdiction within the State of Georgia. The Contractor further agrees that a
failure by it to perform the services in the manner required by the Contract will entitle the
County to injunctive relief.
Section 855: Notices
1. All official notices or approvals shall be in writing. Unless otherwise
directed, notices shall be delivered by messenger, by certified or registered
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mail, return receipt requested, or by fax to the parties at the following
respective addresses:
To the County: To the Contractor:
Assistant Director Robert A. Smith
4330 Deans Bridge Road 701 Santa Isabel Blvd.
Blythe, GA. 30805 Laguna Vista, TX. 78578
(706) 592-9634 Phone (956) 943-4556 Phone
(706) 592-1658 Fax (956) 943-4557 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: Severability
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 Bribery
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 the County in connection with the Contract.
Section 875: Change in Control ± Legal Counsel
1. ,QWKHHYHQWRIDFKDQJHLQ³&RQWURO´RIWKH&RQWUDFWRU DVGHILQHGEHORZ WKH
County shall terminate the Contract for default unless the County has granted
prior written approval. Such approval shall be at the sole discretion of the
County. Any approval by the County 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 the County within ten (10) days after it
becomes aware that a change in Control will occur. As used in the Contract, WKHWHUP³&RQWURO´VKDOOPHDQWKHSRVVHVVLRQGLUHFWRULQGLUHFWRIHLWKHU
Attachment number 6
Page 62 of 76
Item # 9
REVISED 2010 Solid Waste Collections Contract - Inland Services
63
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 Majeure
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,
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 the County 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, the County may terminate this Contract.
Attachment number 6
Page 63 of 76
Item # 9
REVISED 2010 Solid Waste Collections Contract - Inland Services
64
4. Strikes, slow-downs, walkouts, lockouts and individual disputes are not
excused under this provision.
Section 885: Dispute 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. The
County 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,
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.
Attachment number 6
Page 64 of 76
Item # 9
REVISED 2010 Solid Waste Collections Contract - Inland Services
65
____________________________
___________________________________ Augusta, Georgia (Augusta-
Richmond County, Georgia)
By:__________________________
As its Mayor
Attest:
_________________________________
Clerk of Commission
The foregoing Contract is hereby executed by the below-listed parties:
Contractor:___________________
By:_________________________
As its:_______________________
Sworn to and subscribed before me this _____ day of
____________________, 2005.
_______________________________
Notary Public
My Commission Expires:__________________
Attachment number 6
Page 65 of 76
Item # 9
REVISED 2010 Solid Waste Collections Contract - Inland Services
66
Example From Section 146
Assumptions
1. Cart rental rate in Exhibit B = $2.00
2. County elects to replace 250 carts.
3. Carts were received by the contractor on the 15th of the month.
Calculations
Proration Amount
1. ($2.00/31) = $.0645 (cents per day per cart)
2. ($.0645*15) = $.9675 (prorated amount per cart based on date received)
3. ($.9675*250) = $241.88 (amount owed based on prorated amount and the
number of carts)
Implementation Amount
1. ($.0645*14) = $.903 (prorated amount multiplied by allowed implementation
days)
2. ($.903*250) = $225.75 (amount owed based on 14 days implementation
multiplied by 250 carts)
Total owed to Contractor
$241.88 for prorated amount plus $225.75 for implementation period = $467.63
5. The County may ship the Contractor Carts which are assembled, unassembled,
in single, limited, or truckload quantity.
6. All cost(s) associated with assembly and delivery of said carts shall be that of
the Contractor.
Attachment number 6
Page 66 of 76
Item # 9
REVISED 2010 Solid Waste Collections Contract - Inland Services
67
Exhibit A: Collection Area(s)
Attachment number 6
Page 67 of 76
Item # 9
REVISED 2010 Solid Waste Collections Contract - Inland Services
68
Exhibit B: Rate Table
Services Twice per week Once per week
Garbage $7.91
Recycling $2.32
Yard Waste $2.87
Bulk Waste $1.35
Monthly Collections Cost $14.45
Additional Services Monthly
Cart Rental Fee (per garbage cart provided by Contractor)$0.10
Extra Garbage Collection (per additional cart serviced)$3.00
Extra Recycling Collection (per additional cart serviced)$1.00
Attachment number 6
Page 68 of 76
Item # 9
REVISED 2010 Solid Waste Collections Contract - Inland Services
69
Exhibit C: Force Majeure Rate Table
Rate Rate Per
10 Yard Roll Off $125.00 Pull
20 Yard Roll Off $125.00 Pull
30 Yard Roll Off $125.00 Pull
40 Yard Roll Off $125.00 Pull
Regular Time Rate Overtime Rate Rate Per
15-24 Yard Rear Load (Driver and Helper)$84.51 $84.51 Hour
25 Yard or Larger Rear Load (Driver and Helper)$84.51 $84.51 Hour
15-24 Yard Side Load (Driver)$66.21 $66.21 Hour
25 Yard or Larger Side Load (Driver)$66.21 $66.21 Hour
25 Yard or Larger Front Load (Driver and work can) N/B N/B Hour
Additional Laborer (per person as requested)$25.00 $30.00 Hour
Additional Services Offered by Contractor Regular Time Rate Overtime Rate Rate Per
1 Other work as negotiated.$0.00 $0.00
2 $0.00 $0.00
3 $0.00 $0.00
4 $0.00 $0.00
5 $0.00 $0.00
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
Attachment number 6
Page 69 of 76
Item # 9
REVISED 2010 Solid Waste Collections Contract - Inland Services
70
Exhibit D: Eviction, Vacant Lot, Special Clean-up
Rate Rate Per
10 Yard Roll Off $125.00 Pull
20 Yard Roll Off $125.00 Pull
30 Yard Roll Off $125.00 Pull
40 Yard Roll Off $125.00 Pull
Regular Time Rate Overtime Rate Rate Per
Rear Load (Driver)$84.51 $84.51 Hour
Side Load (Driver)$66.21 $66.21 Hour
Front Load (Driver and work can) N/B N/B Hour
Additional Laborer (per person as requested)$25.00 $30.00 Hour
Additional Services Offered by Contractor Regular Time Rate Overtime Rate Rate Per
1 Other work as negotiated
2
3
4
5
6
7
8
9
10
Attachment number 6
Page 70 of 76
Item # 9
REVISED 2010 Solid Waste Collections Contract - Inland Services
71
CORPORATE CERTIFICATE
I, ______________________________ certify that I am the Secretary of the corporation
named as Contractor in the attached Contract; that _______________________________
who signed said Contract on behalf of the Contractor was then _____________________
of said corporation; that said proposal was duly signed for and in behalf of said
corporation by authority of its Board of Directors, and is within the scope of its corporate
powers; that said corporation is organized under the laws of the State of
_________________________.
This ____ day of _______________,2005
Corporate
Secretary:______________________________________
(name signed)
________________________________________
(name printed or typed)
(SEAL)
Attachment number 6
Page 71 of 76
Item # 9
REVISED 2010 Solid Waste Collections Contract - Inland Services
72
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of ____________________ County of ____________
I, ________________________________ being first duly sworn, deposes and says that:
He or she is _______________________ of___________________, the Bidder that has
submitted the attached Bid:
He or she is fully informed respecting the preparation and contents of the attached Bid
and of all pertinent circumstances respecting such Bid.
Such Bid is genuine and is not a collusive or sham Bid;
Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this Affiant, has in any way colluded,
conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person
to submit a collusive or sham Bid in connection with the Contract for which the attached
Bid has been submitted or to refrain from bidding in connection with such Contract, or
has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Bidder, firm or person to fix the price or
prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost
element of the Bid price or the Bid price of any other Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City
of Augusta or any person interested in the proposed Contract; and
Continued to the next page
Attachment number 6
Page 72 of 76
Item # 9
REVISED 2010 Solid Waste Collections Contract - Inland Services
73
The price or prices quoted in the attached Bid are fair and proper and are not tainted by
any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or
any of its agents, representatives, owners, employees, or parties in interest, including this
Affiant.
BIDDER:________________________________
By:_____________________________________
(name signed)
________________________________________
(name printed or typed)
Date:____________________________________
Subscribed and sworn to me this ____ day of _________________, 2005
NOTARY PUBLIC: _____________________________
(name signed)
______________________________________________
(name printed or typed)
Commission Expires: ____________________________
(SEAL)
Attachment number 6
Page 73 of 76
Item # 9
REVISED 2010 Solid Waste Collections Contract - Inland Services
74
NOTICE OF AWARD
To: Robert A. Smith ± Inland Service Corporation
701 Santa Isabel Blvd.
Laguna Vista, TX. 78578
Project Description: ³6ROLG:DVWH&ROOHFWLRQV&RQWUDFW´
The Owner has considered the Bid submitted by you for the above-described work in response to
its Invitation to Bid and Information from Bidders.
You are hereby notified that your Bid has been accepted for items in the amount
determined by the contract based on the financial bids submitted for this contract, which will
become a part of this Contract as Exhibit B, C, and D.
You are required by the Information for Bidders/Contract Documents to execute the Agreement
DQGIXUQLVKWKHUHTXLUHG&RQWUDFWRU¶V3HUIRUPDQFH%RQG3D\PHQW%RQGDQGFHUWLILFDWHVof
insurance within fifteen (15) calendar days prior to the start date of the contract. However, in any
FDVHD³1RWLFHWR3URFHHG´ZLOOQRWEHJLYHQXQWLOWKHDERYHPHQWLRQHGLWHPVDUHUHFHLYHG(DUO\
delivery of said documents will expedite the contracting process. Augusta recommends
submission of WKHUHTXLUHGERQGVDQGLQVXUDQFHZLWKWKHH[HFXWHG³1RWLFHRI$ZDUG´7KHVH
items may have an effective date of January 1, 2006.
If you fail to execute said Contract within thirty (30) days from the date of this Notice, Augusta
will be entitled to consider all your rights arising out of the Counties acceptance of your Bid as
abandoned and such other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the County.
Dated this 10th day of October, 2005.
Augusta-Richmond County_____________________________
By:_________________________________________________
Name and Title: Geri Sams, Director of Procurement_________
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by __________________ this the
_____ day of __________________,2005.
By: _____________________________________________
Name and Title: _____________________________________
Attachment number 6
Page 74 of 76
Item # 9
REVISED 2010 Solid Waste Collections Contract - Inland Services
75
NOTICE TO PROCEED
To: Robert A. Smith ± Inland Service Corporation
701 Santa Isabel Blvd.
Laguna Vista, TX. 78578
Project Description: ³6ROLG:DVWH&ROOHFWLRQV&RQWUDFW´
You are hereby notified to commence work in accordance with the contract dated
_______________, 2005, on or before January 1,2006 and you are to comply with all
terms, conditions, provisions, etc. as identified in the executed Contract.
Dated this ______day of___________________________,2005.
Augusta Richmond County___________________
By: _____________________________________
Name and Title:____________________________
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by________________
this the _____ day of ___________________, 2005.
By:__________________________________________
Name and Title:________________________________
Attachment number 6
Page 75 of 76
Item # 9
REVISED 2010 Solid Waste Collections Contract - Inland Services
76
&(57,),&$7(2)$8*867$¶6 ATTORNEY
I, the undersigned, Stephen E. Shepard, the duly authorized and acting legal
representative of Augusta-Richmond County, do hereby certify as follows:
I have examined the attached Contract(s) and surety bonds and the manner of
execution thereof, and I am of the opinion that each of the aforesaid agreements
has been duly executed by the proper parties thereto acting through their duly
authorized representatives; that said representatives have full power and
authority to execute said agreements on behalf of the respective parties named
thereon; and that the foregoing agreements constitute valid and legally binding
obligations upon the parties executing the same in accordance with terms,
conditions and provisions thereof.
____________________________
(Signature)
Date:________________________
End of Contract
Attachment number 6
Page 76 of 76
Item # 9
EngineeringServicesCommitteeMeeting
8/8/20111:05PM
UpgradeandExtendedFullReplacementWarrantyfor On-SiteSodiumHypochloriteGeneration
SystemCells
Department:Utilities
Caption:Approvepurchasingextendedfullreplacementwarran tiesforthe
on-sitehypochloritegenerationsystemelectrodesa ndcellsatthe
HighlandAvenueWaterTreatmentPlantandtheJames B.
MesserlyWaterPollutionControlPlant.
Background:Oneofthecomponentsoftherecentupgradestoour water
productionandwastewatertreatmentfacilitieswas toreplacethe
useofchlorinegaswithon-sitegenerationofsodiumhypochlorite
inordertoreduceourriskfromthestorageandha ndlingof
hazardousmaterials.Sinceourunitshavebeenins talledthe
manufacturer,SevernTrentWaterPurification,Inc.(STWP),has
improvedthedesignandreliabilityofthesystems bymodifying
thestructureofthegenerationcells.STWPhasof feredtoupgrade
ourexistingunitstotheirnewdesignandprovide anadditional2
yearsoffullcoveragewarrantyforbothoftheses ystems.The
costoftheupgradesandwarrantyextensionis$81,000.
Analysis:Theoriginalwarrantyfortheseunitswasfor2yea rsoffull
replacementcoveragefollowedby5yearsofpro-rat edcoverage.
Theadditional2yearsoffullreplacementcoverage forthe
electrodesandcellsprovidedbythisofferwouldb efollowedby3
yearspro-ratedcoveragetherebymaintainingourto talwarranty
periodat7years.
FinancialImpact:Thecostoftheproposedupgradeandextendedfull replacement
warrantyis$81,000.00.
Alternatives:Donotupgradetheunitstothemorereliabledesig nandaccept
theriskofexpensivesystemreplacementoramorec ostlyupgrade
inthefuture.
Recommendation:Approvepurchasingextendedfullreplacementwarran tiesforthe
on-sitehypochloritegenerationsystemelectrodesa ndcellsatthe
HighlandAvenueWaterTreatmentPlantandtheJames B.Cover Memo
Item # 10
MesserlyWaterPollutionControlPlantatatotalc ostof
$81,000.00.
FundsareAvailable
intheFollowing
Accounts:
$81,000fromBudgetAccount506043520-5425110
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 10
On-Site Sodium Hypochlorite Generation System
Proposal No. Q2-3024-0
April 21, 2011
Mr. Allen Saxon
Augusta Utilities Department
360 Bay Street, Suite 180
Augusta, Georgia 30901
Reference: Augusta Highlands and Messerly WTPs, Electrolytic Cell Warranty Extension
Dear Mr. Allen Saxon,
Severn Trent Water Purification Inc. is pleased to quote an extended warranty of your Onsite
Hypochlorite Generation (OSHG) system’s electrolytic cells at the Augusta Highlands and Messerly sites.
STWP’s standard terms and conditions apply as supplemented where noted on the warranty riders for the
electrolytic cells and shall prevail over any other terms and conditions. Completion of all work quoted at
both sites is 4 weeks from the date of execution by both parties of an acceptable purchase order. This
quote is valid for 30 days, after which it may be subject to price changes, unless extended in writing.
Payments terms are net 30 days.
The extended warranty is effective after STWP retrofits the four existing 750ppd electrolytic cells at the
Highlands site and the four existing 600ppd electrolytic cells at the Messerly site. The retrofit kit includes
thicker outer rows of electrolytic cell plates, a new primary cathode with a heavier outside plate
configuration, backing plates for both the primary cathode and the primary anode, a down tube, removal of
last cell compartment baffle and a new floating end plug. In addition we also insert newer heartier spacers
on the thicker plates.
The retrofitted cells would then have an extended warranty as follows: two full years for the entire cell which
includes new and used parts, followed by three years of prorated warranty for the electrode assembly per
the attached warranty rider. The warranty starts when the retrofits are completed and cells are re-
commissioned by STWP. Evidence of completion of commissioning is your firm’s sign-off of the STWP
service order.
In other words, given that the first two years of the original 7 year warranty has expired, the original 2 years
of full replacement warranty for the entire cell is extended by another 2 full years, and the prorated portion
of the original total 7 year warranty (5 years of electrode assembly proration) is reduced to 3 years so that
the total original warranty period remains the same.
Severn Trent Water Purification, Inc.
2660 Columbia St.
Torrance, CA 90503
Telephone: 310-618-9700
ClorTec®
Attachment number 1
Page 1 of 12
Item # 10
The retrofit would have to be performed by STWP for the warranty to be valid. The warranty covers parts
only and is for defects in materials and workmanship.
The price includes all cost for materials, labor and expenses to produce and install the retrofits and to re-
commission all the retrofitted cells. All shipment costs are included as well.
The price to make, deliver, install, and commission the four 600ppd retrofit kits and four 750ppd retrofits kits
and for the aforementioned extended warranty is a total lump sum of $81,000.00 for both the Messerly and
Highlands sites. All work described in this quote will be completed with 1 trip for both sites within the 4
consecutive weeks after execution of an acceptable purchase order. Access to the sites is to be unfettered
to allow the work to be accomplished as efficiently as possible and in the same trip. The extended full 2
year warranty and 3 year prorated warranty will begin once we have a signed Service Order stating all work
is complete.
Thank you for you time and please feel free to contact the undersigned or local Regional Sales Manager
Mr. Mitch Matthews should you have any questions.
Best Regards,
Bernie Eckert
Customer Service Business Development Manager
cc: Mitch Matthews
Southeast Regional Sales Manager
Cell 1-706-255-8964
mmatthews@severntrentservices.com
Tel: 1-813-598-1671
Attachment number 1
Page 2 of 12
Item # 10
Commercial Conditions
1. Payment terms: Net 30 days.
2. This proposal shall remain valid for thirty days, after which it may be subject to price changes, unless
extended in writing by STWP.
3. Delivery: F.O.B Factory, freight paid by Severn Trent (exclusive of taxes).
4. This STWP proposal Q2-3024-0 must be incorporated as a part of any agreement if awarded this project.
In case of conflict between this proposal and any specifications and terms and conditions the STWP
proposal shall take precedence unless otherwise negotiated.
5. The effective date of the purchase order is the date by which the buyer and STWP have signed the purchase
order.
6. All work at both sites is to be performed within the same trip.
7. A standard Severn Trent liability and workers compensation insurance policy is in effect for this project. No
other coverage will be allowed for without additional compensation for the cost of policy riders, adders, etc.
and the approval of Severn Trent management.
Attachment number 1
Page 3 of 12
Item # 10
ClorTec Standard Operating Conditions
Proper system operation and electrode warranty is subject to the end-user meeting the following conditions:
Inlet Water Conditions
Providing untreated drinking quality potable water.
Inlet Water Temperature: Inlet water temperature must be between 65˚F-80˚F [18˚C-27˚C].
Inlet Water Pressure: Water Pressure must be maintained per system Process & Instrumentation Diagram.
Salt Quality:
Must contain no organic binders, flow control agents or resin cleaning material, and meeting the following
specifications
NaCl:
-dry basis 96.3% minimum
-wet 93.3% minimum
Calcium Sulfate 0.30% maximum
Magnesium Chloride 0.06% maximum
Calcium Chloride 0.10% maximum
Magnesium Sulfate 0.02% maximum
Insoluble’s 0.1% maximum
Moisture (as H2O) 3.0% maximum
Lead 0.0007% maximum
Copper 0.0003% maximum
Iron (as Fe) 0.002% maximum
Fluoride
Manganese
0.002% maximum
<0.0002%
Water Quality:
Must be free of polymer additives, flocculants, coagulants and antiscalants. Salinity to electrolytic cell must be
maintained above an average of 18,000 ppm Cl
pH 6.5 to 7.5
Hardness [Ca/Mg] <10 ppm
Total Organic Carbon (TOC) <2 ppm
Iron <200 ppb
Manganese <10 ppb
Nickel <5 ppm
Fluoride <1 ppm
Copper <5ppb
Cl2 (free chlorine) <2 ppm
Attachment number 1
Page 4 of 12
Item # 10
Operational Logs
A weekly log of water hardness at outlet of water softener must be maintained by end-user. (See Maintenance
and Operation Log Book in Maintenance Kit.)
Operational Log must be maintained detailing maintenance activities and system usage. (See Maintenance and
Operation Log Book in Maintenance Kit.)
Attachment number 1
Page 5 of 12
Item # 10
SEVERN TRENT WATER PURIFICATION, INC.
TERMS AND CONDITIONS OF SALE WARRANTY RIDER
City of Augusta Highlands WTP
2841 Central Avenue
Augusta, GA. 30909
EXTENDED WARRANTY RIDER – ELECTRODES, CELL CASING & OTHER CELL COMPONENTS
This Rider supplements and modifies the duration of the warranty period as set forth in the Article 7 of Seller’s
Standard Terms and Conditions. The following warranty periods shall apply specifically and only to Products listed
below. Seller warrants the specific products listed below against defects in materials and workmanship for the time
period specified below. Seller shall, at its option, repair or replace any Products or components thereof that prove
upon examination to the satisfaction of Seller to be defective. Any alteration, disassembly, storage or use of the
Products not in accordance with Seller’s instructions shall void the warranty. Buyer assumes full responsibility in the
event Buyer uses the Products in combination with other goods or in any manner not stated in Buyer’s specifications
provided prior to sale. All costs associated with removing the Products from service and re-installing same following
examination, repair or replacement are to be borne by Buyer. Seller may, in its sole discretion, require that the
Products be shipped to Seller’s facility for examination, repair or replacement. All transportation costs to and from
Seller’s facility, if required, are to be prepaid by Buyer.
PRODUCT WARRANTY INFORMATION
PRODUCT DESCRIPTION
EXTENDED WARRANTY
PERIOD FROM DATE OF
COMMISSIONING
EFFECTIVE EXTENDED WARRANTY
PERIOD
Electrodes 4 – CT-750 electrolytic cells 2 Yrs. full replacement
3 Yrs. pro-rated
2 years from signed Service Order
3 - 5 years from signed Service Order
Cell Casing and other components 2 Yr. full replacement 2 years from signed Service Order
If so stated in Seller’s Documentation, the Products or designated components thereof are covered only by the warranty
extended by the original manufacturer and not by the terms of Seller’s warranty as specified above. In the event of a warranty
issue regarding such Products or components thereof, Buyer should contact the original manufacturer directly. Seller, at Buyer’s
request, will act as an agent between Buyer and the original manufacturer to resolve warranty issues. If Seller acts as an agent
for such purpose, Buyer must return the Products, or the appropriate components, to the designated manufacturer’s facility,
shipping charges prepaid. Buyer’s sole remedy is the original manufacturer’s warranty. SELLER MAKES NO WARRANTY,
EXPRESS OR IMPLIED, INCLUDING A WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO SUCH PRODUCTS OR COMPONENTS.
THE WARRANTIES SET FORTH HEREIN, IF ANY, ARE MADE EXPRESSLY IN LIEU OF OTHER WARRANTIES, EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE, EVEN IF THAT PURPOSE IS KNOWN TO SELLER, IS HEREBY EXPRESSLY
EXCLUDED.
SELLER’S LIABILITY AND BUYER’S EXCLUSIVE REMEDY FOR ANY FAILURE BY SELLER TO SUPPLY PRODUCTS THAT
MEET THE FOREGOING WARRANTY IS EXPRESSLY LIMITED TO, AT SELLER’S OPTION, THE REPAIR OR
REPLACEMENT OF THE NON-CONFORMING PRODUCTS. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, INCOME,
PROFIT, CAPITAL OR BUSINESS OPPORTUNITY EVEN IF SELLER HAS BEEN ADVISED OF SUCH POSSIBLE INCOME,
PROFIT, CAPITAL, OR BUSINESS OPPORTUNITY.
Attachment number 1
Page 6 of 12
Item # 10
SEVERN TRENT WATER PURIFICATION, INC.
TERMS AND CONDITIONS OF SALE WARRANTY RIDER
City of Augusta Messerly WTP
1810-B Doug Barnard Avenue
Augusta, GA. 30906
EXTENDED WARRANTY RIDER – ELECTRODES, CELL CASING & OTHER CELL COMPONENTS
This Rider supplements and modifies the duration of the warranty period as set forth in the Article 7 of Seller’s
Standard Terms and Conditions. The following warranty periods shall apply specifically and only to Products listed
below. Seller warrants the specific products listed below against defects in materials and workmanship for the time
period specified below. Seller shall, at its option, repair or replace any Products or components thereof that prove
upon examination to the satisfaction of Seller to be defective. Any alteration, disassembly, storage or use of the
Products not in accordance with Seller’s instructions shall void the warranty. Buyer assumes full responsibility in the
event Buyer uses the Products in combination with other goods or in any manner not stated in Buyer’s specifications
provided prior to sale. All costs associated with removing the Products from service and re-installing same following
examination, repair or replacement are to be borne by Buyer. Seller may, in its sole discretion, require that the
Products be shipped to Seller’s facility for examination, repair or replacement. All transportation costs to and from
Seller’s facility, if required, are to be prepaid by Buyer.
PRODUCT WARRANTY INFORMATION
PRODUCT DESCRIPTION
EXTENDED WARRANTY
PERIOD FROM DATE OF
COMMISSIONING
EFFECTIVE EXTENDED
WARRANTY PERIOD
Electrodes 4 – CT-600 electrolytic cells 2 Yrs. full replacement
3 Yrs. pro-rated
10/29/11 – 10/28/13
10/28/13 – 10/27/16
Cell Casing and other components 2 Yr. full replacement 10/29/11 – 10/28/13
If so stated in Seller’s Documentation, the Products or designated components thereof are covered only by the warranty
extended by the original manufacturer and not by the terms of Seller’s warranty as specified above. In the event of a warranty
issue regarding such Products or components thereof, Buyer should contact the original manufacturer directly. Seller, at Buyer’s
request, will act as an agent between Buyer and the original manufacturer to resolve warranty issues. If Seller acts as an agent
for such purpose, Buyer must return the Products, or the appropriate components, to the designated manufacturer’s facility,
shipping charges prepaid. Buyer’s sole remedy is the original manufacturer’s warranty. SELLER MAKES NO WARRANTY,
EXPRESS OR IMPLIED, INCLUDING A WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO SUCH PRODUCTS OR COMPONENTS.
THE WARRANTIES SET FORTH HEREIN, IF ANY, ARE MADE EXPRESSLY IN LIEU OF OTHER WARRANTIES, EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE, EVEN IF THAT PURPOSE IS KNOWN TO SELLER, IS HEREBY EXPRESSLY
EXCLUDED.
SELLER’S LIABILITY AND BUYER’S EXCLUSIVE REMEDY FOR ANY FAILURE BY SELLER TO SUPPLY PRODUCTS THAT
MEET THE FOREGOING WARRANTY IS EXPRESSLY LIMITED TO, AT SELLER’S OPTION, THE REPAIR OR
REPLACEMENT OF THE NON-CONFORMING PRODUCTS. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, INCOME,
PROFIT, CAPITAL OR BUSINESS OPPORTUNITY EVEN IF SELLER HAS BEEN ADVISED OF SUCH POSSIBLE INCOME,
PROFIT, CAPITAL, OR BUSINESS OPPORTUNITY.
Attachment number 1
Page 7 of 12
Item # 10
Standard Terms and Conditions of Sale
1. APPLICABLE TERMS
1.1 The sale of goods and related services (if any) hereunder (collectively, the “Product(s)”) is limited to and made expressly
conditional on Buyer’s acceptance of these terms and conditions of sale.
1.2 These terms and conditions shall control over any inconsistent or additional terms or conditions proposed or issued by Buyer or
Seller, including any additional or different terms contained in any purchase order, acknowledgement, proposal or other
communication, written or otherwise unless specifically agreed to in writing by both parties.
1.3 Buyer’s acceptance of delivery or the full or partial payment of the purchase price hereunder, shall constitute Buyer’s
acceptance of all the terms and conditions stated herein, notwithstanding any other inconsistent terms and conditions, prior
dealings or usage of trade.
1.4 No modification of these terms and conditions (including any special terms and conditions, changes in scope, specifications,
price or delivery schedule) shall be of any force or effect unless agreed in writing and signed by both parties.
2. PRICES AND PAYMENT TERMS
2.1 All prices and payments shall be in U.S. currency. Unless specifically noted otherwise in Seller’s Documentation, prices are
exclusive of any and all sales, use, excise, ad valorem, property or other taxes due or applicable to this transaction. Buyer shall
pay directly or reimburse Seller immediately upon demand for any and all such taxes.
2.2 Buyer shall pay the full purchase price as set forth on the face of this document or that certain document to which these terms
are attached (“Seller’s Documentation”), without any deduction by way of set-off, counterclaim, discount or otherwise.
2.3 Unless otherwise stated on the face hereof, payment terms are Net Thirty (30) Days from date of invoice. Payment of retention,
if any, shall be made no later than 30 days from Product Acceptance pursuant to the terms hereof or 180 days from date of
shipment, whichever occurs first.
2.4 Any payments delayed beyond thirty (30) days from the specified due date shall be subject to interest on the unpaid balance at
the rate of one and one-half (1-1/2%) percent per month or the maximum rate permitted by applicable law, whichever is less.
Seller reserves the right, among other remedies, to suspend further deliveries in the event Buyer fails to pay for any one
shipment when payment becomes due. All orders are subject to credit approval. Should Buyer’s financial condition become
unsatisfactory to Seller, Seller shall have the right, at its option, to payment in advance, to cash payment upon delivery or to
satisfactory security.
2.5 Buyer hereby irrevocably grants Seller a security interest in the Products until such time as Buyer makes full payment of the
purchase price. Buyer agrees, if requested, to execute a financing statement as may be necessary to perfect and maintain
such security interest including the execution and delivery to Seller of a UCC-1 financing statement.
3. DELIVERY AND RISK OF LOSS
3.1 Delivery dates set forth in Seller’s Documentation are approximate and Seller will make all reasonable efforts to meet same.
Timely delivery is subject to prompt receipt from Buyer of accurate and complete technical and shipping information. Seller
reserves the right to make partial shipments, invoices for which shall be due and payable in accordance with the payment terms
specified in the paragraph 2.3 above.
3.2 Unless otherwise modified by Seller’s Documentation, shipping terms are F.O.B. Seller’s facility. All Products shall be shipped
to the location specified by Buyer. Buyer must provide Seller with specific written instructions as to Buyer’s preferred method of
shipment or common carrier. In the absence of such instructions from Buyer, method of shipment shall be at Seller’s discretion.
3.3 All shipping, handling and insurance costs are to be paid by Buyer. Buyer is liable for compliance with all laws and regulations
governing the unloading, storage, handling and use of all Products.
3.4 Whether or not installation services are performed by Seller, title and risk of loss shall pass to Buyer at the time that the
Products are placed with a common carrier for shipment to the location designated by Buyer. Buyer shall bear all risk of loss in
transit. Any claims for damages, loss or delay in transit should be made immediately by Buyer directly to the carrier.
3.5 In the event Buyer requests a postponement of delivery beyond the date specified in Seller’s Documentation, Seller may
invoice the Buyer and title and risk of loss shall pass to Buyer at such time as Products are made available for shipment, but in
no event earlier than the delivery date specified in Seller’s Documentation. If delivery is postponed by Buyer, Seller shall
endeavor but shall not have the obligation to either store the Products or secure a storage location at Buyer’s expense and
based upon terms and conditions agreeable to the parties.
Attachment number 1
Page 8 of 12
Item # 10
3.6 Prior to installation, Products must be stored by Buyer in accordance with the storage instructions that may be a part of Seller’s
instructions for Products installation, maintenance and care. In the absence of specific instructions, Products must be stored
prior to their installation in an enclosed space affording protection form weather, dust and physical damage and providing
appropriate temperature, humidity and ventilation conditions to prevent deterioration.
3.7 Buyer’s failure to follow Seller’s storage instructions may cause damage to the Products and will void the warranties provided
hereunder. Seller shall have the right to inspect Products stored by Buyer prior to installation. If Products are stored by Buyer
for a period of 90 days or more, Buyer shall reimburse Seller for all reasonable costs of inspection.
4. PRODUCT ACCEPTANCE
4.1 Except for Products that are not assembled at Seller’s facility, Buyer has the right to inspect Products at Seller’s facility prior to
shipment provided that advance written arrangements are made by Buyer and are confirmed in writing by Seller. Any and all
costs associated with inspection and testing requested by Buyer at Seller’s facility will be paid by Buyer.
4.2 Buyer shall inspect the Products within a reasonable period of time following receipt at the point of destination and prior to
conducting any Acceptance Test to determine if the Products are damaged, incomplete or do not otherwise conform to Buyer’s
request.
4.3 If Buyer receives Products with visible or suspected damage or loss, including damages to the packaging, or with discrepancies
in specification, Buyer shall make relevant notes in receiving documents and notify Seller immediately. Such notice shall be
reasonably detailed and shall specify the damage or discrepancy.
4.4 Buyer’s failure to inspect the Products and give written notice to Seller of any alleged defects or non-conformity within a
reasonable time after receipt at the point of destination shall waive Buyer’s right to reject the Products and return them to Seller
for credit and Buyer’s sole remedy for noncomforming or defective Products shall be warranty claims made in accordance with
Article 7 herein.
4.5 For purposes of this Article 4, “reasonable period of time” means a period of time that is not immoderate or excessive, in
accordance with industry standards.
4.6 If Seller’s Documentation provides that the Products are subject to specific acceptance testing (the “Acceptance Test”) in order
to verify Product performance in accordance with agreed specifications, the Products shall be deemed fully accepted when they
have satisfied the requirements of the Acceptance Test. Buyer’s remedy for Products that have failed an Acceptance Test or
are in the warranty period shall be limited, at Seller’s sole discretion, to the repair or replacement of such Products.
4.7 Notwithstanding any right conferred upon the Buyer to inspect or test the Products prior to acceptance, any use or alteration of
the Products by Buyer, its agents, employees or licensees, for any purpose after delivery thereof, shall constitute Buyer’s
irrevocable acceptance of the Products. Accordingly, in the event of any discovery by Buyer of a non-conformity or defect
following such acceptance of the Products, Buyer’s sole recourse is a warranty claim pursuant to the warranty provisions stated
in Article 7 herein.
5. INSTALLATION AND/OR START UP SERVICES
5.1 If Seller’s scope of supply includes installation supervision and/or start up services, Buyer will confirm to Seller at least two (2)
weeks prior to the date Seller’s personnel will be required on site to perform such services that Buyer has fully completed all
work necessary for such installation and/or start up services in accordance with Seller’s instructions. In the event that the
completion of such services is delayed by Buyer for any reason not the fault of Seller following Seller’s arrival on site, Buyer
shall pay for any additional costs resulting from the delay.
5.2 To the extent that Seller’s scope of supply includes supervising the installation of the Products, Seller shall not be responsible
for the means and methods selected for such installation, nor for the manner in which such installation services are performed,
including the efficiency, adequacy and safety of same. Seller makes no warranty, express or implied, with respect to such
installation and/or start up services, except that the Seller shall be responsible for any claims or damages resulting from its own
negligence.
6. CANCELLATION
6.1 Unless otherwise provided in Seller’s Documentation, if Buyer cancels or partially cancels an order, Buyer shall promptly pay
Seller for all work performed on account of the Products prior to cancellation plus any other reasonable costs incurred by Seller
as a result of such cancellation including, if applicable, an appropriate restocking fee.
7. WARRANTY
7.1 Subject to the conditions stated below, Seller warrants the Products against defects in materials and workmanship for a period
of eighteen (18) months from the date in which title has passed to Buyer or twelve (12) months from the date of installation of
the Products, whichever occurs first.
Attachment number 1
Page 9 of 12
Item # 10
7.2 Seller shall, at its option, repair or replace any Products or components thereof that prove upon examination to the satisfaction
of Seller to be defective. In addition, any part or component that has been repaired or replaced shall be warranted for a period
equal to the longer of (i) the remaining warranty period hereunder; or (ii) one year from the date of such repair or replacement.
7.3 In the event that Seller fails to initiate a corrective action plan to repair or replace the defective components within ten (10) days
following Buyer’s notification, Buyer may, at their option, take action to repair or replace such defective product and Seller shall
bear the direct and commercially reasonable cost for parts and labor thereof. In such circumstances, Seller has no warranty
obligation with regard to the repair or replacement performed by Buyer. Further, if Buyer improperly repairs or replaces the
defective Products and/or uses incompatible components, Seller is not responsible for any costs, damages or malfunctions
resulting there from.
7.4 Any alteration, disassembly, storage or use of the Products not in accordance with Seller’s instructions shall void the warranty.
Buyer assumes full responsibility in the event Buyer uses the Products in combination with other goods or in any manner not
stated in Buyer’s specifications provided prior to sale.
7.5 All costs associated with removing the Products from service and re-installing same following examination, repair or
replacement are to be borne by Buyer. Seller may, in its sole discretion, require that the Products be shipped to Seller’s facility
for examination, repair or replacement. All transportation costs to and from Seller’s facility, if required, are to be prepaid by
Buyer.
7.6 THE WARRANTIES SET FORTH HEREIN, IF ANY, ARE MADE EXPRESSLY IN LIEU OF OTHER WARRANTIES, EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE, EVEN IF THAT PURPOSE IS KNOWN TO SELLER, IS HEREBY EXPRESSLY
EXCLUDED; PROVIDED, HOWEVER, THAT THE PRODUCTS ARE WARRANTED TO CONFORM IN ALL MATERIAL
RESPECTS TO THE RELEVANT AND KNOWN SPECIFICATIONS, AND PERFORMANCE STANDARDS, INCLUDING ANY
MUTUALLY AGREED MODIFICATIONS THERETO.
7.7 SELLER’S LAIBILITY AND BUYER’S EXCLUSIVE REMEDY FOR ANY FAILURE BY SELLER TO SUPPLY PRODUCTS
THAT MEET THE FOREGOING WARRANTY IS EXPRESSLY LIMITED TO, AT SELLER’S OPTION, THE REPAIR OR
REPLACEMENT OF THE NON-CONFORMING PRODUCTS. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY
SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE,
INCOME, PROFIT, CAPITAL OR BUSINESS OPPORTUNITY EVEN IF SELLER HAS BEEN ADVISED OF SUCH POSSIBLE
INCOME, PROFIT, CAPITAL OR BUSINESS OPPORTUNITY.
8. INDEMNIFICATION
8.1 Buyer and Seller shall each defend, indemnify and hold the other harmless from and on account of all bodily injury and property
damage claims asserted by third parties as a result of the other’s negligent acts or omissions. To the extent that both Buyer
and Seller are determined by a finder of fact to be negligent and the negligence of both is a proximate cause of a claim by a
third party against either Buyer or Seller, then in such event, Buyer and Seller shall each be responsible for a portion of the
liability, including costs and expenses, attributable to its comparative share of the total negligence.
8.2 Seller agrees to indemnify and hold harmless Buyer against any third party claim alleging that the Products infringe upon a valid
and enforceable United States patent, provided Buyer gives Seller written notice immediately when such claim is asserted,
directly or indirectly.
8.3 Notwithstanding the foregoing, Seller shall have no liability to Buyer if any patent infringement or claim thereof is based upon or
arises out of (a) compliance with designs, plans or specifications furnished by or on behalf of Buyer; (b) use of the Products in a
manner for which the Products were neither designed nor contemplated; or (c) the claimed infringement of any patent in which
the Buyer or any affiliate or subsidiary of Buyer has any direct or indirect interest by license or otherwise.
9. INSURANCE
9.1 Seller agrees to maintain the following levels of insurance coverage:
Commercial General Liability insurance with limits of $1,000,000 per occurrence and $2,000,000 aggregate. The
Commercial General Liability insurance shall include coverage for bodily injury, property damage,
products/completed operations and contractual liability;
Automobile Liability insurance with a combined single limit of $1,000,000; and
Workers’ Compensation insurance in compliance statutory limits and Employer’s Liability insurance with a limit of
$1,000,000
9.2 Buyer agrees to maintain Commercial General Liability insurance with limits of $1,000,000 per occurrence and $2,000,000
aggregate, including contractual liability.
Attachment number 1
Page 10 of 12
Item # 10
10. LIMITATION OF LIABILITY
10.1 Seller’s total liability to Buyer with respect to any cause of action or claim hereunder shall not exceed the purchase price
payable hereunder.
10.2 In no event shall Seller be liable, either directly or as indemnitor of Buyer, for any special, punitive, indirect or consequential
damages, including but not limited to damages for loss of use, loss of income or loss of profit.
10.3 Notwithstanding the above, this limitation of liability shall not apply to: a) claims brought directly against the Seller by unrelated
third parties; and b) claims arising from Seller’s gross negligence or willful misconduct.
10.4 All of Buyer’s claims or actions of any description whatsoever against the Seller shall be brought not later than one (1) year
after the occurrence of the event upon which each such claim or action is based.
11. FORCE MAJEURE
11.1 Seller shall not be liable for any delay in performance or failure to perform any obligation hereunder if, and to the extent that,
Seller such failure or delay is caused by an event of Force Majeure.
11.2 Force Majeure shall mean any act, event or condition that is beyond Seller’s reasonable control, that materially and adversely
affects Seller’s ability to perform its obligations hereunder, and that is not the result of Seller’s willful neglect, error, omission or
failure to exercise reasonable due diligence.
11.3 If Seller is unable to perform any of its obligations hereunder as a result of a Force Majeure event, Seller shall be required to
resume performance upon termination of the event and shall have reasonable additional time for performance.
11.4 In addition, to the extent that a Force Majeure event increases Seller’s cost of performance hereunder, Buyer shall bear all
such additional costs of performance, excluding any costs that are covered by Seller’s insurance.
12. DEFAULT AND TERMINATION
12.1 The substantial failure of either party to comply with the terms of this contract shall constitute default hereunder. Upon default
by one party, the other nondefaulting party shall provide written notice clearly specifying the nature of the default. The
defaulting party shall have thirty (30) days to cure the default.
12.2 The defaulting party shall have thirty (30) days to cure the default. If the default is capable of being cured within thirty (30)
days and is not cured within thirty (30) days, this contract may be terminated.
12.3 In the case of default that cannot be cured within thirty (30) days, this contract shall not be terminated so long as the defaulting
party has given written notice of extension to the other party and the defaulting party has commenced and is diligently
pursuing a cure.
12.4 In the event of any termination, Seller shall be paid for Products delivered and services rendered (including Products
specifically manufactured/assembled or special ordered for the Buyer that have yet to be supplied) through the date of
termination.
12.5 For purposes of this contract, the failure of Buyer to pay Seller in accordance with the payment terms hereunder shall be
considered a substantial default for which no cure period beyond 30 days shall be allowed.
12.6 In the event the Buyer’s default, Seller may, in addition to the right to terminate set forth in this paragraph, elect to suspend
work until the default has been cured.
12.7 No delay or omission on the part of the Seller in exercising any right or remedy hereunder shall constitute a waiver of any such
right or remedy on any future occasion.
13. INTELLECTUAL PROPERTY
13.1 All devices, equipment, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and
other documents or information prepared or disclosed by Seller in connection with the Products sold hereunder shall remain
Seller’s exclusive property. Buyer shall not disclose any such material to third parties without Seller’s prior written consent.
13.2 Buyer will not undertake any analyses or “reverse engineering” of the products for the purpose of designing, developing or
manufacturing by the Buyer or by any third party of products that compete with the Product(s).
Attachment number 1
Page 11 of 12
Item # 10
13.3 Seller will retain sole ownership of all discoveries, improvements, inventions, patents, trademarks, copyrights, know-how,
trade secrets, or other intellectual property rights associated in any way with the Products. The parties specifically agree that
all improvements, inventions, discoveries and copyright in works of authorship, including those in formative stages, made by
either party hereto (either alone or jointly with others) improving upon or related to the Products shall from the time of
conception or, in the case of works of authorship, from the time of creation, be the property of Seller.
14. RELIANCE ON INFORMATION
14.1 Buyer acknowledges that Seller has used and relied upon information provided by the Buyer, if any, regarding site conditions,
specifications and other technical requirements in the design, installation and start-up of its Product(s). Seller shall not be
obligated to establish or verify the accuracy of the information furnished by the Buyer nor shall Seller be responsible for the
impact or effect on its Products(s) and any services provided by Seller hereunder of the information furnished by the Buyer in
the event that such information is in error.
15. MISCELLANEOUS PROVISIONS
15.1 These terms and conditions constitute the entire contract of sale and purchase between Buyer and Seller and supersede all
prior or contemporaneous communications, representations, understandings or agreements, whether written or oral, unless
such document states that it intends to modify this contract and is signed by both parties.
15.2 No modification of this contract (including changes in scope, specifications, price or delivery schedule) shall be of any force or
effect unless made pursuant to a writing signed by both parties. No course of dealing or performance or usage of trade may
be used to modify this contract.
15.3 The failure on the part of either party to enforce its rights as to any provisions herein shall not be construed as a waiver of its
rights to enforce such provisions in the future.
15.4 Should any provision of this contract for any reason be declared invalid or void, such declaration will not affect the remaining
provisions of this contract, which shall remain in full force and effect.
15.5 Buyer may not assign or permit any other transfer of this contract without Seller’s prior written consent.
15.6 Buyer shall strictly comply with and refrain from exporting or re-exporting the Products in violation of, United States’ laws
regarding trade restrictions and embargoes, as such laws may be amended from time to time.
15.7 This contract is entered into solely between, and may be enforced only by, the Buyer and Seller; and this contract shall not be
deemed to create any rights in third parties, including customers of the Buyer, or to create any obligations to any such third
parties.
15.8 These terms and conditions shall be governed by and construed in accordance with the laws of the Commonwealth of
Pennsylvania.
Attachment number 1
Page 12 of 12
Item # 10
EngineeringServicesCommitteeMeeting
8/8/20111:05PM
WatershedAssessmentandSourceWaterProtectionPl anUpdatesContractwithDewberry&Davis,
Inc.(RFQ#11-059)
Department:Utilities
Caption:Authorizetheawardandexecutionofacontractwit hDewberry&
Davis,Inc.fortheupdatetoAUD’sWatershedAsses smentand
SourceWaterProtectionPlan(RFQ#11-059)inthea mountof
$214,470.
Background:TheAugustaCommission,initsMay17,2011meeting ,
authorizedtheUtilitiesDepartmenttoproceedwith negotiations
withDewberry&Davis,Inc.toprovideservicesfor theupdateof
AUD’sWatershedAssessmentandSourceWaterProtect ionPlan.
Afterseveralscopingandnegotiationsessions,the processis
completed.Basedonthescopingandnegotiations,w ewould
recommendtheauthorizationofawardandexecution ofacontract
tohavetheworkperformed.
Analysis:Thecompensationbeingrecommendedrepresentsarea sonablefee
fortheservicestobeprovided.
FinancialImpact:$214,470.00frombudgetaccount507043490-5212999/
81100010-5212999
Alternatives:Noalternativesarerecommended.
Recommendation:WerecommendtheCommissionauthorizetheawardand
executionofacontractwithDewberry&Davis,Inc.forthe
updatetoAUD’sWatershedAssessmentandSourceWat er
ProtectionPlan(RFQ#11-059)intheamountof$214 ,470.
FundsareAvailable
intheFollowing
Accounts:
507043490-5212999/81100010-5212999
REVIEWEDANDAPPROVEDBY :Cover Memo
Item # 11
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 11
Augusta Utilities Department
1
SCOPE OF WORK:
Watershed / Sourcewater Protection Plans
Introduction
The Watershed / Sourcewater Protection Plannning work will consist of two phases. Phase 1 is covered
in this Scope of Work (SOW). Phase 2 will be scoped and budgeted at a later date. The table below
summarizes the phases. The primary focus of this document is Phase 1. Any work identified as Phase 2
effort can not be initiated without prior written authorization of Augusta Utilities Department (AUD).
Primary Task Phase 1 Phase 2
Task 1: Project Management PM to support Phase 1 PM to support Phase 2
Task 2: Assess Status of
Protection Plan Implementation
Strategies
Complete Task N/A
Task 3: Evaluate / Update
Existing Program
Watershed: Meet with EPD and
ensure concurrance on direction
regarding update
Sourcewater: Complete Task
Watershed: Finalize updated
Plan
Source Water: N/A
Task 4: Community Outreach Complete Task N/A
Task 5: Fat Oil and Grease Enhance Written Program
Develop Education / Inspection
Plan
Identify FOG Disposal Strategies
Implement Education and
Inspection Plan
Attachment number 1
Page 1 of 12
Item # 11
Augusta Utilities Department
2
SCOPE OF WORK (SOW): Phase 1
Task 1: Project Management
Under the Project Management Task, the project manager, Teresa Crisp, will be responsible for the
schedule, budget, coordination, and communication. Teresa will be supported by Dewberry staff
primarily in Atlanta and Raleigh.
Project Work Plan
Within 14 days of notice to proceed (NTP), Dewberry will meet with AUD and present a project work
plan defining the roles and responsibilities of the project team, communication protocols, the schedule,
project budget, QA/QC Plan and AUD’s expectations of the project. Dewberry will revise the project
work plan based on comments received by Augusta.
Project Communication
Dewberry will attend monthly client meetings (up to 12 meetings) for project coordination and updates.
We will prepare the meeting agenda and distribute meeting minutes. In addition, we will prepare and
submit a monthly status report to update the study schedule, list milestones achieved, support and
document schedule changes, update project costs, and justify changes to the schedule or proposed
study costs.
Deliverables
Dewberry will deliver any hard copy and electronic files of the deliverables outlined throughout the
SOW.
x Project work plan;
x Monthly progress reports;
x Monthly invoices; and
x All close-out files.
Task 2: Assess Status of Protection Plan Implementation Strategies
As the wastewater discharge permit holder, AUD is responsible for coordinating with the various
Augusta government departments in order to define roles and responsibilities related to the
implementation of the watershed protection program. Dewberry will coordinate with the various
departments and document the overall countywide fecal reduction program including those projects
whose primary goals were not aimed at water quality. Dewberry will obtain the list of improvements
from the watershed protection plan and interview AUD, Public Works and Planning & Zoning to
determine the status of projects being implemented throughout the County. We will present a
summary report to AUD outlining the projects completed in the past five years and those funded that
may contribute to protecting the water quality in Augusta streams, particularly as it relates to fecal
coliform levels. This report will assist in updating the protection plans by potentially identifying areas to
redirect efforts and by documenting progress to EPD.
Attachment number 1
Page 2 of 12
Item # 11
Augusta Utilities Department
3
Deliverables
x Memorandum summarizing the status of the implementation strategies identified in the
Augusta Watershed Plan.
x Matrix outlining the status and path forward.
Task 3: Evaluate / Update Existing Program
Watershed Protection
For Phase 1, Dewberry will perform the following tasks:
x Update the monitoring database with recently collected water quality data. It is assumed AUD
will provide existing database.
x Coordinate with AUD and EPD to go over the implementation strategies completed and discuss
the plans to move forward. After preparing the Implementation Status Memo in Task 2,
Dewberry will arrange for a meeting with AUD and EPD to discuss the progress and how AUD
plans to move forward. Dewberry will schedule the meeting, prepare the handouts, attend and
prepare a Meeting Summary.
Source Water Protection
One of the action items of the source water protection plan is to develop written inter-jurisdictional
agreements to outline items such as the procedures (including notification procedures) should a spill
occur upstream of AUD’s intake. To date, the policies have been undocumented. Dewberry will prepare
a draft inter-jurisdictional agreement template for approval by AUD and the Augusta attorney.
Dewberry will then schedule up to five meetings with neighboring jurisdictions (Aiken County, Columbia
County, Edgefield County and North Augusta) and AUD to discuss the proposed inter-jurisdictional
agreements associated with spills and communicating regarding upstream potential pollutants.
Dewberry will work with AUD to incorporate accepted revisions suggested by the neighboring
jurisdictions.
In addition to the inter-jurisdictional agreements, Dewberry will assess any changes in the potential
pollutant sources and map those changes. Due to little change in the upstream potential pollutant
sources, we anticipate minor edits to the Source Water Protection Plan to satisfy the requirements of
EPD.
Deliverables
x Draft Inter-jurisdictional agreements;
x Assistance in coordinating with EPD;
x Materials for AUD, Dewberry and EPD meeting (maps, summary of status, meeting agenda, etc)
x Updated monitoring database;
x Written summary of any EPD meetings; and
x Updated Source Water Protection Plan
Task 4: Redevelop Communication Outreach and Educational Programs
This task includes conducting public outreach activities in support of the watershed protection plan as
well as AUD’s overall goals. The following table outlines the recommended mechanisms for reaching the
Attachment number 1
Page 3 of 12
Item # 11
Augusta Utilities Department
4
various stakeholder groups. Once the SOW is finalized, Dewberry will submit a communication plan
detailing the activities and will work closely with an AUD liaison to train and work hand in hand with on
this program. Dewberry and AUD will evaluate the activities periodically. Performance metrics will
include the level of involvement from AUD staff and whether or not the tasks are ready to be fully
transitioned to AUD staff within one year. Dewberry will also conduct surveys quarterly throughout the
year with teachers and the Roundtable members to gauge the effectiveness of the program. The results
of the surveys will provide a feedback mechanism for continuous improvement of the outreach effort to
meet the needs and objectives of the AUD, the Commissioners and the public.
Target Audience Proposed Activity Benefit
Stakeholder
Organizations
Watershed Roundtable meetings Continued collaboration among stakeholders
Customers
Quarterly Newsletter as Bill Insert
(similar to previous H2O in the Know
newsletter)
Communication of key projects to customers
Education materials for customers on items such
as water conservation/cost savings ideas
Ensure current information and same message
is presented on website
Articles for 3rd party newsletters
Rivers Alive stream clean-up
Provide project articles to utilize on
website
Schools River Rangers Program
Free online water posters
“It is just like wearing your seatbelts or
recycling; we all do it, because our children
came home from school and told us to. AUD has
taken that lesson and applied it to protecting
our environment.” AUD Assistant Director
Enviroscape
Free online posters
Water Career Day
Augusta Water Photo contest
Stakeholder Organizations
Dewberry will organize a committee that will serve as the Augusta Watershed Roundtable and will
consist of up to 11 people including a representative from organizations such as: Augusta Clean and
Beautiful, Adopt a Stream, Sierra Club, Riverkeepers, Southeastern Natural Science Academy, Augusta
Utilities Department, Greater Augusta Homebuilder Association, Augusta Planning Commission, Augusta
Public Works, Columbia County, Central Savannah River Area Regional Development Commission (CSRA
RDC), Augusta Chamber of Commerce and the Neighborhood Alliance. We will organize and facilitate
quarterly meetings with the Augusta Watershed Roundtable.
The purpose of the first meeting will be to introduce the members and provide a brief update of the
various activities each group is conducting within Augusta. Dewberry will interview each Roundtable
member to develop a list of potential coordination efforts among the groups. This list will be provided
at the second meeting and will be the topic of discussion for the second meeting.
Additional agenda topics will be decided based on input from the Roundtable. In support of this, we will
perform the following task:
Send invitations to members 14 days before each meeting;
Select and reserve an Augusta venue;
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Arrange for refreshments at each meeting;
Select a focus topic for discussion. (Dewberry will arrange for a speaker or will facilitate a
group discussion);
Prepare and distribute copies of presentation to committee members at each meeting;
Prepare and distribute meeting summaries within 10 days following the meetings; and
Include AUD assigned staff in planning process so that they can manage the Roundtable after
1 year.
Customers
Utility Bill Newsletters
Dewberry will develop a quarterly newsletter to be inserted into the water/sewer billing. This newsletter
will serve as an avenue to communicate with the customers on key projects or activities being conducted
by AUD. It will be similar in size and layout to the four-page AUD H2O in the Know newsletter
previously inserted into the utility bills. The articles will be developed based on interviews with AUD
staff members and will be written primarily by Dewberry. Our goal will be to maintain and improve the
confidence customers have in AUD. We will work closely with customer service regarding the
requirements of the newsletter and the deadline for submission. The newsletter will be delivered
electronically to AUD for insertion into the utility bill and distribution by AUD.
Dewberry will deliver the printed copies of the newsletter to AUD’s third party billing company for
inclusion in the water bill quarterly. Dewberry will also provide articles from the bill insert newsletter in
an electronic format (such as a pdf or jpeg) for inclusion on the website.
Additional Articles
In addition, Dewberry will prepare and provide up to six articles for inclusion in newsletters produced by
the following agencies: Neighborhood Alliance, Homebuilders Association, Sierra Club, Augusta
Chronicle Sunday Home Section, and/or Riverkeepers. The purpose will be to convey messages about
ongoing programs intended to protect the Augusta watershed.
Schools
Dewberry will partner with AUD to provide water education to Augusta’s future by streamlining the
process for classrooms, including providing teachers with website links, copies of materials needed and
volunteers for their classrooms. Dewberry will also coordinate with the Board of Education to illustrate
how the programs we identify will meet curriculum requirements. The intentions are that AUD will
provide a staff member to participate on this task with Dewberry. After the 2011-2012 school year, we
will assume AUD staff will take over this program. The program will be similar to that previously
conducted by AUD and will include a targeted curriculum for the specific audiences:
Elementary Schools
x We will target 4th graders by presenting the award-winning “River Rangers” program, which
focuses on identifying ways to both conserve water and decrease water pollution. Augusta has
already purchased this program from CleanWater Services, a Utility in Oregon. We recommend
AUD continue this program. Based on published research about the effectiveness of this
program and the students’ retention of the information learned, we believe this program is an
effective tool for showing students how to reduce pollution and conserve water. Each River
Rangers activity bundle will consist of 250 children activity packets plus a teacher’s guide. The
individual packets contain a booklet, badge and eight stickers. Augusta already owns the posters
and a video explaining the program.
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http://www.cleanwaterservices.org/Residents/ToolsAndTips/RiverRangers.aspx
x Dewberry will visit up to 15 elementary schools in the school district (approximately half of the
total number of elementary schools). We will organize the presentations and train AUD staff to
participate in the presentations. It is Dewberry’s intent to transfer the program to AUD staff by
the second year of the program. This will be done by partnering with AUD assigned staff
throughout the 2010-2011 school year.
Middle Schools
x Augusta purchased an Enviroscape model in September 2001 and has demonstrated it to over
800 people. Dewberry will partner with Augusta to demonstrate the Enviroscape Model to
middle schools. We will coordinate with the Augusta Richmond County Board of Education in
obtaining contact names at the schools and will again provide written explanation as to how the
Enviroscape lesson can fit into their curriculum. We have budgeted to present the Enviroscape
Model up to 12 locations. We will organize the presentations and will train AUD staff to
participate in the program. It is Dewberry’s intent to transfer the program to AUD staff by the
second year of the program.
x Augusta has made the Enviroscape available for teachers to borrow. The model has been
borrowed by Phinizy Swamp, RDC, and EPD. We will create a postcard and mail it to up to 25
organizations/schools to indicate the benefit of the Enviroscape Model and how these
organizations can borrow it from AUD.
x Dewberry will download puzzles and order free posters and brochures to distribute to the
schools that we visit. We will reach out to the US Geological Survey, GA EPD (P2AD) and
Environmental Protection Agency for identification of free materials. For example, free posters
are available as part of the water resources education program developed through the USGS
Water Resources Education initiative targeted at middle schools. A copy of any document
distributed will be provided to AUD.
x We will identify a middle school or Boy Scout group to conduct a stream clean up during the
Rivers Alive event. We will work with the state to deliver the free Rivers Alive t-shirts to the
participants.
High Schools
x Dewberry will coordinate with the Davidson Fine Arts School and up to three other high school
classes regarding a Clean Water and Streams in Augusta photo contest. The selection will be
made prior to Clean Water Week, and we will solicit local vendors in order to award the study a
gift certificate to a photography store or class. We will request the Mayor present the student
with a plaque and gift certificate at an Augusta Richmond County Commission meeting. We
will also frame the photo and provide copies to the Mayor, the student, their school and AUD.
x Dewberry will also coordinate a Water Career Day with all eight high schools in Augusta. We
will work with AUD to solicit volunteers to discuss their water career path with classrooms.
This program was a huge success for AUD in the past, and it will be a priority for Dewberry to
again seek a variety of professionals and to have AUD employees heavily involved. Dewberry
will arrange the events, coordinate the volunteers, and initiate the presentation at each school.
Dewberry will also seek media coverage of the event.
Evaluation of Public Outreach Program
Dewberry and AUD will evaluate the community outreach activities at the end of the 12-month period.
Performance metrics will include the level of involvement from AUD staff and whether or not the tasks
are ready to be transitioned to AUD staff fully. Dewberry will also conduct surveys quarterly with
teachers and the Roundtable members to gauge the effectiveness of the program. The results of the
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surveys will provide a feedback mechanism for continuous improvement of the outreach effort to meet
the needs and objectives of the AUD, the Commissioners and the public.
Deliverables
x Outreach transition plan;
x Approved list of Augusta Watershed Roundtable including contact information;
x Invitations / Agenda for each Roundtable meeting;
x Refreshments for each Roundtable meeting;
x Copies of each presentation of Roundtable meeting;
x Roundtable meeting summaries;
x Bill Insert provided to 3rd party billing company;
x Electronic copies of bill insert newsletter;
x Schedule for school presentations (coordination with AUD staff);
x Free puzzles, posters, brochures from internet;
x Photo Contest submittals from high school students; and
x Summary Memo evaluating programs.
Task 5: Enhance Fat Oil and Grease (FOG) Program
The primary goal of FOG program is to improve water quality by reducing the sanitary sewer overflows
caused by fat oil and grease in the collection system. Below are the identified tasks for Phase 1.
Enhance Written Program
The objective of this program is to decrease the number of blockages in the sanitary sewer system due
to oil and grease build-up reducing the number of SSOs thus improving water quality. AUD has a draft
plan and draft ordinance developed. Dewberry proposes to partner with AUD to enhance the program
and assist with the implementation plan by reviewing the draft written ordinance / plan and assisting in
dividing the plan into two clear and defensible key documents:
x A simple local ordinance to specifically address the prevention of FOG releases to the sanitary
sewer system. The purpose of the document will be to establish the clear legal authority to
support the FOG program.
x A detailed written FOG management plan which will include details of how the program will be
implemented and managed. The document will include guidelines for businesses, specifications,
inspection and reporting requirements / templates and best management practices.
To ensure a comprehensive and effective program, Dewberry will bring lessons learned and best
practices from the review of no less than five successful FOG programs throughout the nation.
Education and Inspection Plan
Dewberry to develop a step by step plan for the FOG program as it related to education and an efficient
means of inspection procedures. The plan’s intent is to provide:
x An efficient and effective method of providing education materials to customers;
x A targeted education effort;
x Training of staff related to inspection and dissemination of materials to customers;
x More efficient and effective procedures for collecting and utilizing inspection data;
x A method to improve routing and track frequency of inspections; and
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x An effective way to correlate FOG inspection findings with locations of known sanitary sewer
problem areas.
The following key items will be in the plan.
x Education: Dewberry will identify education materials targeting 1) commercial and 2)
residential customers. The plan will include sample materials as well as recommendation on
the methods of distributing those materials. The plan will identify means of training staff to
address customer questions and ensure the customers understand the requirements.
x Inspection: Dewberry will provide recommendations to the existing inspection forms. In
addition, we will outline the requirements related to the hardware / software needs in order to
1) implement a mobile field application for the inspections and 2) optimize inspection routing.
The plan will identify how the inspection forms would be entered directly into the handheld
devices in the field, how that data would be compatible with other AUD systems (GIS, GBA and
known sanitary sewer overflows.) Correlating the inspection data with known problem areas
will assist in better identifying where FOG is an issue allowing AUD to focus on those areas.
Deliverables
x Suggested revisions to local ordinance;
x Suggested revisions to FOG Management Plan;
x Suggested revisions to Inspection Form; and
x Education and Inspection Plan.
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BUDGET: Phase 1
Watershed / Sourcewater Protection Plans
Budget
TASK LABOR
1-Project Management $17,190
2-Assess Status of Strategies $10,080
3-Evaluate / Update Plans $32,610
4-Public Outreach $67,080
5-FOG Program $31,560
Subtotal $158,510
ODCs $10,960
Printing of Water in the Know newsletter $45,000
Total $214,470
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SCHEDULE: Phase 1
Watershed / Sourcewater Protection Plans
Dewberry remains flexible on our schedule to ensure the items most critical to AUD are prioritized. It is
understood the FOG program will start immediately upon NTP.
Task 8/11 9/11 10/11 11/11 12/11 1/12 2/12 3/12 4/12 5/12 6/12 7/12
PM
Kick-off Meeting
Monthly invoice
Close-Out
Assess Strategies
Watershed Protection
Update Program
Watershed
Source Water Protection
Outreach
Watershed Roundtable
Newsletters
School Program
Evaluation of Program
Fat Oil and Grease Program
Enhance Written Program
Education & Inspection Plan
FOG Disposal Strategies
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PRELIMINARY SOW: Phase 2
The following tasks are anticipated for Phase 2. Phase 2 work has not been priced or completed scoped.
In order to initiate Phase 2 work, Dewberry must submit a proposal to AUD and upon approval of scope
and budget, receive written authorization from AUD to proceed.
Task 1: Project Management
No additional Task 1 items have been identified for Phase 2.
Task 2: Assess Status of Protection Plan Implementation Strategies
No additional Task 2 items will be required for Phase 2.
Task 3: Evaluate / Update Existing Program
Watershed Protection
Based on the assessment of the implementation strategies and the meeting with EPD, Dewberry will
update the existing protection plan to comply with regulatory requirements and to meet AUD’s overall
needs. After the meeting with EPD in Phase 1, we will develop a budget to cover the modeling and
monitoring required. It is assumed Dewberry will be provided all existing modeling files and all
monitoring data. It is also assumed the existing model is adequate and updating of the model is a
minimal effort.
Deliverables
x Updated Watershed Protection Plan.
Task 4: Redevelop Communication Outreach and Educational Programs
No additional Task 4 items have been identified for Phase 2.
Task 5: Enhance Fat Oil and Grease (FOG) Program
Implementation of Education and Inspection Plan
Phase 2 will include the implementation of the plan. The following items have been identified for this
phase. However, these items will be refined during Phase 1.
x Education: Dewberry will assist with the dissemination of the education materials. Dewberry
will also provide training and 1 page summary sheets for addressing customer questions as well
as helping customer understand what is required of them related to FOG.
x Inspection: The purpose of this task is to optimize field data. Dewberry will develop the
program and train AUD staff to perform the field inspections with hand held devices. In
addition, Dewberry will ensure the schedules of the inspections are optimized.
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FOG Disposal Strategies
Dewberry will prepare a summary memo outlining collection options and alternative uses for grease
including recycling it or utilizing it as a source for bio-diesel or in co-digestion to enhance methane
production. This memo will be based on best practices gathered from the review of up to 5 other major
utility FOG disposal programs.
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REQUEST FOR QUALIFICATIONS
Request for Qualifications will be received at this office until Wednesday, January 12, 2011 @ 3:00 p.m. FOR
FURNISHING:
RFQ Item #11-054 Water and Wastewater System Master Plan for Utilities Department
RFQ Item #11-055 Utility Business Plan for Utilities Department
RFQ Item #11-056 Water and Wastewater Rate Study for Utilities Department
RFQ Item #11-059 Watershed Assessment/Source Water Assessment Plan for Utilities
Department
RFQ Item #11-077 Emergency Response Plan for Utilities Department
RFQ Item #11-080 Leak Detection Study for Utilities Department
RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
RFQ documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street
– Room 605, Augusta, GA 30901. All questions must be submitted in writing to the office of the
Procurement Department by Tuesday, December 28, 2010 @ 5:00 p.m. by fax at 706-821-2811 or by email
@ procbidandcontract@augustaga.gov. No RFQ will be accepted by fax, all must be received by mail
or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local bidder and
receive bid preference on an eligible local project, the certification statement as a local bidder and all
supporting documents must be submitted to the Procurement Department with your bonafide bid
package.
No RFQ may be withdrawn for a period of 90 days after time has been called on the date of opening.
An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in
accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number
of copies needed, the timing of the submission, the required financial data, and any other requirements
designated by the Procurement Department are considered material conditions of the bid which are not waiveable
or modifiable by the Procurement Director. Please mark RFQ number on the outside of the envelope.
Bidders are cautioned that sequestration of RFQ documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the
bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a DBE,
MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the
Race-Based portion of Augusta’s DBE Program. Instead Augusta operates a Local Small Business
Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds,
Augusta enforces DBE requirements and/or DBE goals set by the Federal and/or State Agencies in
accordance with State and Federal laws.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle December 2, 9, 16, 23, 2010
Metro Courier December 8, 2010
cc: Tameka Allen Interim Deputy Administrator
Tom Wiedmeier Utilities Department
Drew Goins Utilities Department
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VENDORS Attachment B Bidders Form
Addendums
1 & 2 Original 7 Copies
AECOM
1360 Peachtree Street, NE Ste 500
Atlanta GA 30309
YES YES YES YES YES
Dewberry
2835 Brandywine Road Ste 100
Atlanta GA 30341
YES YES YES YES YES
Jacobs Engineering Group
6801 Governors Lake Pkwy Bldg 200
Norcross GA 30071
YES YES YES YES YES
Mactec
3200 Town Point Drive Suite 100
Kennesaw GA 30144
YES YES YES YES YES
Stevenson & Palmer
723 Industrial Park Drive, Suite 2
Evans GA 30809
YES YES YES YES YES
Brown & Caldwell
990 Hammond Drive Ste 400
Atlanta GA 30328
Heery International
999 Peachtree Street NE Suite 300
Atlanta Ga 30309
Parsons Brinckerhoff
3340 Peachtree Road, NE Ste 2400
Tower Place 100
Atlanta GA 30326
RFQ Item #11-059
Watershed Assessment/Source Water Assessment Plan
for the City of Augusta - Utilities Department
RFQ Due: Wednesday, January 26, 2011 @ 11:00 a.m.
SUBMITTED NO BID RESPONSE
SUBMITTED NO BID RESPONSE
SUBMITTED NO BID RESPONSE
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Evaluation Criteria PTS
AECOM
1360 Peachtree
Street, NE Ste 500
Atlanta GA 30309
Dewberry
2835 Brandywine
Road Ste 100
Atlanta GA 30341
Jacobs Engineering
Group
6801 Governors Lake
Pkwy Bldg 200
Norcross GA 30071
Mactec
3200 Town Point
Drive Suite 100
Kennesaw GA 30144
Stevenson & Palmer
723 Industrial Park
Drive, Suite 2
Evans GA 30809
1. Firms experience and
performance on projects of
similar size and scope 25
19.7 23.7 21.3 18.3 18.7
2. Firms Quality Control,
Quality Assurance and Project
Tracking 20
17.0 17.0 18.7 17.0 18.7
3. Project Approach and
Understanding 25 21.3 22.7 20.7 18.3 17.0
4. Qualifications, experience,
references and availability of
Key Staff 25
20.0 22.0 20.0 20.0 18.7
5. Proximity to Area 5 3.0 3.0 3.0 3.0 3.3
Total 100 81.0 88.3 83.7 76.7 76.3
3 1 2
2 1 3
Cumulative Evaluation Sheet - RFQ Item #11-059
Watershed Assessment/Source Water Assessment Plan
for the City of Augusta - Utilities Department
Presentation
Shortlisted
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