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Home My WebLink About2012-07-09-Meeting Agendawww.augustaga.gov Engineering Services Committee Meeting Commission Chamber- 7/9/2012- 1:00 PM ENGINEERING SERVICES 1. Approve contract award to HDR Engineering, Inc. for Leak Detection Services in the amount of $160,670.00. Request for Qualifications RFQ #11-080. Attachments 2. Approve the 2013 Solid Waste Collections Contracts with Advanced Disposal Services and Inland Services Corporation. Attachments 3. Fund the purchase of four data collection sondes to be deployed and operated by the Southeastern Natural Sciences Academy for the purpose of monitoring and documentation of water quality in the Savannah River. Attachments 4. Motion to approve the minutes of the Engineering Services Committee held on June 11, 2012. Attachments 5. Motion to approve award of a contract with Blair Construction, Inc. for services associated with construction of the Fort Gordon New Water and Sewage Connections under the Task Order Program for Infrastructure RFQ #11-130 in the amount of $450,436.32. Bid item #12-139. Attachments Engineering Services Committee Meeting 7/9/2012 1:00 PM Approve award to HDR Engineering, Inc.;reference RFQ #11-080: Engineering Services for Leak Detection Study Department:Augusta Utilities Department Caption:Approve contract award to HDR Engineering, Inc. for Leak Detection Services in the amount of $160,670.00. Request for Qualifications RFQ #11-080. Background:The Augusta Utilities Department, as part of its Water Conservation Program, is seeking information on the loss of water through a leak detection study. Augusta Utilities Department is seeking to have a comprehensive water leak detection survey using state of the art sonic detection and computer correlation equipment. The scope of the services includes a leak detection survey, a professional assessment document outlining the findings, a prioritized recommendation of improvements, and a final report of the study. Analysis:Augusta Utilities Department has evaluated the proposal made by HDR Engineering.AUD determined that the proposal is fair and reasonable to accomplish the tasks imposed by the scope of the leak detection study. Financial Impact:$160,670.00, under account number 507043490-5212999 / 81100010-5212999 Alternatives:Rejection of this award of the Leak Detection Study would delay the Augusta Utilities Department ability to expedite the current stipulations of Water Conservation Program of the department. Recommendation:Recommend Commission approve the award to HDR Engineering, Inc. in reference to RFQ #11-080: Engineering Services for: Leak Detection Study for the City of Augusta - Augusta Utilities Department in the amount of $160,670.00 Funds are Available in the Following $160,670.00 from account 507043490-5212999 / 81100010- 5212999 Cover Memo Item # 1 Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 1 1100 Peachtree St NE Ph (404) 815-1212 Suite 400 Fx (404) 815-3107 Atlanta, GA 30361 www.hdrinc.com November 28, 2011 Mr. Tom Wiedmeier, P.E., Director Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 Re: Leak Detection Services Proposal Dear Mr. Wiedmeier, After meeting with you on October 13, 2011, and discussing various approaches to conducting a leak detection survey in the Augusta Utilities Department’s (AUD) water transmission and distribution system, the HDR Team followed up with AUD staff to gather pertinent information to develop a plan to meet AUD’s goals of successfully reducing its non-revenue water. Attached you will find the proposed scope and fee to conduct the leak detection services on the areas that were discussed during our meeting. Please feel free to contact me at 678-357-0353 if you have any questions regarding the attached scope and fee. Best regards, HDR ENGINEERING, INC. L. Russell Pennington, P.E. Associate Vice President Attachment number 1 \nPage 1 of 4 Item # 1 Augusta Utilities Department Leak Detection Study – Phase 1 11/21/11 HDR Engineering Inc. (ENGINEER) has been requested by the City of Augusta Utilities Department (OWNER) to perform a leak detection study for a portion of their service area. The first phase of the study will incorporate leak detection in water pressure zones 433 and 330, which was calculated from GIS data to be 253 miles of pipe. The study will include evaluation of existing water production and consumption data, leak detection field services, survey results, draft and final reports. These items comprise the PROJECT as defined in more detail below. 1. Project Kick-Off Meeting: A project kick-off meeting will be held to discuss the scope of the project, schedule, introduce field crews to the appropriate OWNER staff, and to answer logistical questions and establish the chain of communications. 2. Evaluate Existing Data: ENGINEER will evaluate 5 years worth of water production and consumption data to estimate the amount of non-revenue water the OWNER has historically experienced. This data will include water produced from all sources, quantities of water delivered to wholesale customers and billed water per month. 3. Develop Field Maps: The ENGINEER will develop field maps to facilitate field survey activities. These maps will include pipe sizes, materials and locations of pipes, meters, hydrants, plants, pump stations and other pertinent information from the OWNER’s GIS data. These maps will be used to develop field reports as described below. 4. Field Survey: The leak detection field survey will be conducted by ADS Environmental Services (ADS). Leak correlation equipment will be used to perform leak detection. This will enable the location and size of the leak to be determined. Every confirmed leak will have its coordinates and listening points surveyed, which will be documented in a GIS database. Electronic field reports of all leaks will be developed on a weekly basis, showing the location of leaks, leak classification and estimated water loss. Weekly tailgate meetings will be held between the ENGINEER and OWNER to discuss progress, projected work, any issues or problems, and to exchange field reports. Survey results will be reported to the OWNER immediately if a leak is identified to have a leakage rate greater than 10 gallons per minute. 5. Monthly Progress Meetings: Monthly progress meetings will be held to compare current activities to the previous month’s activities, and to discuss any survey, traffic or other related issues. 6. Draft Report, Review Meeting and Final Report: A draft report summarizing the results of the study will be prepared and four (4) copies will be submitted to the OWNER for review. A review meeting between the ENGINEER and OWNER will be held and comments from the meeting incorporated into a final report. Six (6) copies of the final report will be submitted to the OWNER. The GIS database of surveyed leak locations will be provided to the OWNER electronically to assist in adding this information to the OWNER’s GIS system. Attachment number 1 \nPage 2 of 4 Item # 1 7. Training: Training will be provided for the OWNER to assist their staff in locating leaks. One week of training at the start-up of the project has been included in this scope. 8. Fee Estimate: The fee for this PROJECT is $160,670, which includes mobilization and assumes that the areas selected for this initial phase of leak detection contain the greatest number of leaks in the distribution system. Leak Detection Services will be provided on a Lump Sum basis. If additional services are needed for the field crew they will be provided at a daily rate of $1,353. This assumes the crew is already mobilized on site. 9. The ENGINEER will complete Tasks 1 through 5 and submit the draft report approximately 150 days from the Notice to Proceed. A final report will be issued two weeks following receipt of comments from the OWNER on the draft report. Attachment number 1 \nPage 3 of 4 Item # 1 Page 1 CWS Cost to CompleteProjectII revised4.xls Task Total Total Total Description QC PM PE CAD ADM GIS Total Labor Travel Co/Ma Equip Subs Misc Expense Fee Project Management Admin/Accounting 6 6 12 1,303 44 44 1,497 Subtotal 0 6 0 0 6 0 12 1,303 0 0 44 0 0 44 1,497 Leak Detection Survey Project Kick-off Meeting 8 8 16 2,191 300 59 359 2,834 Gather data and analyze water production/usage 16 16 1,795 59 59 2,060 Develop field maps 4 2 16 22 2,443 75 81 156 2,888 Field work, training and weekly field meetings 2 2 8 12 1,445 44 121,892 44 123,547 Monthly Progress Meetings 16 24 40 5,054 500 148 648 6,335 Develop and update GIS leak location log 2 8 24 34 3,635 126 126 4,178 Draft Report 8 4 32 8 24 76 8,191 350 281 631 9,802 Review Meeting 8 8 1,181 150 30 180 1,511 Final Report 2 24 4 16 46 4,894 350 170 520 6,016 Subtotal 18 46 114 0 12 80 270 30,829 950 775 999 121,892 0 2,724 159,173 Total 18 52 114 0 18 80 282 32,132 950 775 1,043 121,892 0 2,768 160,670 Daily Rate for Additional Services 1,353 Augusta Leak Detection Study Proposal Manhour Forecast (Hrs)Expenses Attachment number 1 \nPage 4 of 4 Item # 1 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 Attachment number 2 \nPage 1 of 1 Item # 1 VENDORS Attachment B Bidders Form Addendums 1 & 2 Original 7 Copies Shaw Environmental & Infrastructure 11560 Great Oaks Way Ste 500 Alpharetta GA 30022 YES YES YES YES YES HDR Engineering Inc 1201 Peachtree Street NE Atlanta GA 30361 YES YES YES YES YES W.K. Dickson 1450 Greene Street, Ste 225 Augusta GA 30901 YES YES YES YES YES Wachs Valve & Hydrant Services LLC 801 Asbury Drive Buffalo Grove, IL 60089 YES YES YES YES YES Woolpert 375 Northridge Road Ste 100 Atlanta GA 30350 YES YES YES YES YES Zel Engineers 435 Telfair Street Augusta GA 30901 YES YES YES YES YES Gannett Fleming 301 South McDowell Street Ste 1008 Charlotte NC 28204 Utilities Services Associates 919 SW 150th Street Ste B Burien WA 98166 Black & Veatch 11401 Lamar Avenue Overland Park KS 66211 Heery International 999 Peachtree Street, NE Ste 300 Atlanta, GA 30309 Jacobs Engineering Group Inc 6801 Governors Lake Pkwy Bldg 200 Norcross, GA 30071 Parsons Brinckerhoff 3340 Peachtree Road, NE Ste 2400 Tower Place 100 Atlanta GA 30326 Woodard & Curran 2905 Premiere Parkway Ste 175 Duluth GA 30097 SUBMITTED NO BID RESPONSE RFQ Item #11-080 Leak Detection Study 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 SUBMITTED NO BID RESPONSE Non-Compliant Attachment B Missing Notary Seal Non-Compliant Missing E-Verify Number Missing Business License Info Page 1 of 1 Attachment number 3 \nPage 1 of 1 Item # 1 Attachment number 4 \nPage 1 of 1 Item # 1 Attachment number 5 \nPage 1 of 5 Item # 1 Attachment number 5 \nPage 2 of 5 Item # 1 Attachment number 5 \nPage 3 of 5 Item # 1 Attachment number 5 \nPage 4 of 5 Item # 1 Attachment number 5 \nPage 5 of 5 Item # 1 Attachment number 6 \nPage 1 of 2 Item # 1 Attachment number 6 \nPage 2 of 2 Item # 1 Evaluation Criteria PTS Shaw Environmental & Infrastructure 11560 Great Oaks Way Ste 500 Alpharetta GA 30022 HDR Engineering Inc 1201 Peachtree Street NE Atlanta GA 30361 W.K. Dickson 1450 Greene Street, Ste 225 Augusta GA 30901 Wachs Valve & Hydrant Services LLC 801 Asbury Drive Buffalo Grove, IL 60089 Woolpert 375 Northridge Road Ste 100 Atlanta GA 30350 Zel Engineers 435 Telfair Street Augusta GA 30901 1. Firms experience and performance on projects of similar size and scope 25 22.0 21.7 23.3 20.7 19.3 15.0 2. Firms Quality Control, Quality Assurance and Project Tracking 20 17.0 17.0 17.0 15.3 17.0 17.0 3. Project Approach and Understanding 25 22.0 21.0 21.7 21.0 20.3 15.7 4. Qualifications, experience, references and availability of Key Staff 25 21.0 20.0 21.3 19.7 19.0 16.7 5. Proximity to Area 5 2.7 3.3 5.0 2.3 3.3 5.0 Total 100 84.7 83.0 88.3 79.0 79.0 69.3 2 3 1 2.7 1.0 2.3 Cumulative Evaluation Sheet - RFQ Item #11-080 Leak Detection Study for the City of Augusta - Utilities Department Shortlisted Presentation - Scored in order of preferences. The highest ranked firm receiving a 1 At t a c h m e n t n u m b e r 7 \ n P a g e 1 o f 1 It e m # 1 Engineering Services Committee Meeting 7/9/2012 1:00 PM Approve the 2013 Solid Waste Collections Contract Department:Environmental Services Caption:Approve the 2013 Solid Waste Collections Contracts with Advanced Disposal Services and Inland Services Corporation. Background:In the early 2000’s Augusta chose to implement mandatory trash collection service to residents in Augusta. As the years progressed, and contracts were continued, the service levels changed and the area that received serviced expanded. We are currently in the final extension period of the current contract – and that has been extended on a purely month-to-month basis with our current service providers. In 2011, Augusta released RFP 11-112 – Solid Waste and Recyclables Collection Services, to which there were four (4) compliant respondents. Analysis:The four compliant respondents were scored and based upon that scoring; contract negotiations were entered. During those negotiations, it became apparent that Augusta had two basic options for service – one company performing collection services for the entire county, or dividing the service area into two areas and allow two companies to provide services. At the recent Commission meetings, it was the will of the body that the service area be awarded to two companies and one-time-per-week trash services be offered. In addition, an incentive-based recycling program was included as well. At this time, and per the body’s instruction, the Department is providing and requesting approval of the Solid Waste Collections Contract for 2013. The Contract provides for very detailed daily service-level data to be provided electronically by each provider which will allow the Department to know and verify whether service was provided at a specific address. In addition, all the trash collection vehicles will operate on compressed natural gas, and have increased safety devices such as backup alarms which adjust to be louder than the surrounding background noise. The Contract also provides for the incentive- based recycling program (Recycle Perks) as requested by the Commission; and one-time per week trash collection services with variable cart sizes, and a comprehensive marketing and communication campaign to allow the Department to communicate and notify our customers of changes to their Cover Memo Item # 2 services. Financial Impact:Our budgeted rate for 2012 is $320 per year and we believe that rate should be appropriate for the new contract starting in 2013. Alternatives:1. Approve the Contract. 2. Do not approve the Contract. Recommendation:Alternative 1. Funds are Available in the Following Accounts: 542-04-4110/5222110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 2 REQUEST FOR PROPOSALS Request for Proposals will be received at this office until Wednesday, April 27, 2011 @ 3:00 p.m. for furnishing: RFP Item #11-112 Solid Waste & Recyclable Collection 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. A Mandatory Pre-Proposal Meeting will be held on Friday, April 1, 2011 @ 11:00 a.m. in the Procurement Department 530 Greene Street, Room 605. All questions must be submitted by fax at 706 821-2811 or by email to procbidandcontract@augustaga.gov by Monday, April 11, 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 120 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 s the source of funding. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 10, 17, 24, 31, 2011 Metro Courier March 16, 2011 cc: Tameka Allen Interim Deputy Administrator Mark Johnson Solid Waste Lori Videtto Solid Waste Attachment number 1 \nPage 1 of 1 Item # 2 RFP Item #11-112 Solid Waste Recyclables Collection Services for the City of Augusta - Solid Waste Department RFP Due: Thursday, June 23, 2011 @ 3:00 p.m. VENDORS Attachment B Bidders Form Bid Bond Addendums 1 - 6 Original 6 Copies Fee Proposal Advanced Disposal 5734 Columbia Road Grovetown GA 30813 YES YES YES YES YES YES YES Inland Service Corp 1561 Doug Barnard Pkwy Augusta GA 30906 YES YES YES YES YES YES YES Waste Management 208 Prep Phillips Drive Augusta GA 30901 YES YES YES YES YES YES YES Waste Pro 1405 Danielsville Road Athens GA 30601 YES YES YES YES YES YES YES Berry Smith Sanitation 1308 New Savannah Road Augusta GA 30901 A-1 Sanitation Service 3452-B Peach Orchard Road Augusta GA 30906 Metro-Waste 1824 Wylds Road Suite A5 Augusta GA 30909 Republic Services, Inc. 84 Clifton Blvd Savannah GA 31408 Veolia ES Solid Waste 1101 Hawkins Street Valdosta GA 31601 Augusta Disposal Po Box 334 Evans GA 30809 Choice Environmental 2860 State Road 84 Fort Lauderdale, FL 33312 Clean Energy 3988 Shadow Loch Drive Suwanee GA 30024 Coleman Sanitation 3010 Georgia Road Augusta GA 30906 Columbia Waste 1064 Franke Industrial Boulevard Augusta GA 30901 Dorado Services Inc 195 W Seminole Boulevard Sanford FL 32771 Gallop & Associates 2911 Point West Drive Augusta GA 30909 Inland Service Corp 1561 Doug Barnard Pkwy Augusta GA 30906 Precision Waste Services Po Box 446 Thomson GA 30824 Richmond Waste Inc Po Box 6887 Augusta GA 30916 Submitted No Bid Response Submitted No Bid Response Submitted No Bid Response Submitted No Bid Response Non-Compliant Attachment B missing E-Verify Number Page 1 of 2 Attachment number 2 \nPage 1 of 2 Item # 2 RFP Item #11-112 Solid Waste Recyclables Collection Services for the City of Augusta - Solid Waste Department RFP Due: Thursday, June 23, 2011 @ 3:00 p.m. VENDORS Attachment B Bidders Form Bid Bond Addendums 1 - 6 Original 6 Copies Fee Proposal Schaefer Systems 4235 Marsh Landing Blvd Apt 432 Jacksonville Beach FL 32250 Spartan Waste 3668 Sterling Ridge Way Decatur GA 30032 Unity Disposal & Recycling Llc 14862 Old Gunpowder Road Laurel MD 20707 Waste Industries 2699 Cochran Industrial Blvd Douglasville GA 30134 World Waste Recycling Inc 3547 Nw 49th Street Miami FL 33142 Page 2 of 2 Attachment number 2 \nPage 2 of 2 Item # 2 Evaluation Criteria PTS Advanced Disposal 5734 Columbia Road Grovetown GA 30813 Inland Service Corp 1561 Doug Barnard Pkwy Augusta GA 30906 Waste Management 208 Prep Phillips Drive Augusta GA 30901 Waste Pro 1405 Danielsville Road Athens GA 30601 1. Staffing 10 6 6 9 7 2. Experience 20 14 17 17 14 3. Available Resources 10 8 8 8 8 4. Financial Stability &Financial Statement 10 6 4 9 7 5. Implementation Plan 5 3 3 5 4 6. Customer Service Procedures 5 2 3 5 4 8. Litigation History 5 4 4 5 4 9. Criminal Convictions / Environmental iolations 5 5 5 5 5 10. Cost for Service 10 10 8 4 6 11. Other Benefits to the County 15 3 7 5 0 11. Proximity to Area Within Augusta 5 pts Within the CSRA 4 pts Within Georgia 3 pts Within Southeast US 2 pts All Others 1 pt 5 4 5 5 3 TOTAL 100 64 71 77 62 Cumulative Evaluation Sheet - RFP Item #11-112 Solid Waste & Recyclables Collection Services For The City of Augusta – Solid Waste Department Comments: Attachment number 3 \nPage 1 of 1 Item # 2 Attachment number 4 \nPage 1 of 5 Item # 2 Attachment number 4 \nPage 2 of 5 Item # 2 Attachment number 4 \nPage 3 of 5 Item # 2 Attachment number 4 \nPage 4 of 5 Item # 2 Attachment number 4 \nPage 5 of 5 Item # 2 Attachment number 5 \nPage 1 of 4 Item # 2 Attachment number 5 \nPage 2 of 4 Item # 2 Attachment number 5 \nPage 3 of 4 Item # 2 Attachment number 5 \nPage 4 of 4 Item # 2 Attachment number 6 \nPage 1 of 3 Item # 2 Attachment number 6 \nPage 2 of 3 Item # 2 Attachment number 6 \nPage 3 of 3 Item # 2 Attachment number 7 \nPage 1 of 1 Item # 2 AUGUSTA, GEORGIA SOLID WASTE AD 1 RECYCLABLES COLLECTIO AGREEMET 2 3 THIS AGREEMENT (the "Agreement") is effective as of the day of ____________ ___, 2012 (the 4 "Effective Date"), with the first day of service being April 1, 2013 (the “Starting Date”) by and between 5 Augusta, Georgia, a political subdivision of the state of Georgia (hereinafter referred to as the "Augusta"), 6 and ______________, a _________ corporation doing business as _________________ (hereinafter 7 referred to as "Contractor"). 8 9 WHEREAS, Augusta, Georgia owns and operates a Subtitle D and inert landfill known as Deans Bridge 10 Road Landfill; and 11 12 WHEREAS, the Deans Bridge Road Landfill is the destination for the solid waste to be collected under 13 this Agreement; and 14 15 WHEREAS, Augusta desires the Contractor to provide Residential Units with Residential Garbage, 16 Recyclables, Yard Waste and Bulky Waste collection to its citizens; and 17 18 WHEREAS, Augusta desires the Contractor to provide Designated Non-Residential Locations with 19 Residential Garbage and Recyclables, collection to its citizens; and 20 21 WHEREAS, Augusta desires the Contractor to provide Unoccupied Locations with Yard Waste and 22 Bulky Waste collection to its citizens; and 23 24 WHEREAS, the Contractor desires to provide such solid waste and recyclables collection services; and 25 26 WHEREAS, Augusta desires the Contractor to provide vehicles that operate solely on compressed natural 27 gas (hereinafter referred to as “CNG”); and 28 29 WHEREAS, Augusta desires to provide the Contractor with CNG; and 30 31 WHEREAS, the Contractor agrees to purchase CNG from Augusta; and” 32 33 WHEREAS, all parties hereto desire to set forth the rights and obligations of the parties in this 34 Agreement. 35 36 NOW, THEREFORE, in consideration of the promises, the mutual premises and the compensation as 37 defined below and other good and valuable consideration, the parties hereto hereby agree as follows: 38 39 40 SECTIO 1 - DEFIITIOS 41 42 For the purpose of this collection services contract, hereinafter referred to as "Contract", the definitions 43 contained in this Section shall apply unless otherwise specifically stated. When not inconsistent with the 44 context, words used in the present tense include the future, words in the plural include the singular, and 45 words in the singular include the plural. To the extent the definitions contained herein conflict with 46 similar definitions in any federal, state or local law, the definition in the Contract shall prevail. Use of the 47 masculine gender shall include the feminine gender. The word "shall" is always mandatory and not 48 merely discretionary. 49 50 Attachment number 8 \nPage 1 of 73 Item # 2 Page 2 of 73 Solid Waste & Recyclables Collection Augusta, GA Area Miss means missed collection involving one hundred (100) or more Residential Units, Designated 51 Non-Residential Locations, and Unoccupied Locations in the Designated Collection Area on one 52 collection day. 53 54 Appliances see White Goods. 55 56 Building Material see Construction Debris. 57 58 Bulky Waste means large items of solid waste such as furniture, mattresses, and other items too large for 59 the Roll-Out Cart, including any oversized wastes whose large size precludes or complicates their 60 handling by normal solid waste collection. Bulky Waste as defined here shall include property owner or 61 tenant generated building materials. Bulky Waste is divided into two (2) distinct categories; a) piles less 62 than 10 cubic yards; and b) piles 10 cubic yards or greater. 63 64 Carry-Out Collection means special handling service provided to those individuals unable to place their 65 Residential Garbage or Recyclables curbside for collection due to Physical Impairment and where no 66 person(s) capable of placing the Residential Garbage or Recyclables curbside resides at the dwelling. 67 Carry-Out Collection services are not available for Yard Waste or Bulk Waste. In no event will the 68 quantity of persons receiving Carry-Out Collection services exceed three percent (3%) of the total 69 Residential Units located within the Designated Collection Area. Carry-Out Collections shall be limited 70 to a maximum of 200 feet from the public right of way. 71 72 Collection Schedule means the days of collection authorized by the Contract. 73 74 Collection Services means Residential Garbage, Recyclables, Yard Waste and Bulky Waste collection, as 75 described herein. 76 77 Construction Debris means waste building materials resulting from construction, remodeling, repair, or 78 demolition operations. 79 80 Contract means this Agreement as executed for the provision of solid waste collection services in 81 Augusta, including all of the provisions, responsibilities, procedures, remedies, and attachments without 82 exception. 83 84 Contract Administrator means Augusta’s Environmental Services Director, or designee, assigned to 85 administer this Contract on behalf of Augusta. 86 87 Contract Term means the duration of the Contract, measured from the Starting Date as set forth in this 88 Agreement. 89 90 Courtesy Collections means special collection requests by Augusta that the Contractor shall be 91 responsible for providing within the same time period as regularly scheduled collections. 92 93 Customer means the recipient of collection services within Augusta, provided through this Contract, and 94 includes Residential Units, Designated Non-Residential Locations, and Unoccupied Locations. 95 96 Damages means agreed to, actual, compensatory, consequential, continuing, direct, irreparable, punitive, 97 presumptive, proximate and/or recissory damages incurred by Augusta, the payment of which shall not be 98 an exclusive remedy. 99 100 Attachment number 8 \nPage 2 of 73 Item # 2 Page 3 of 73 Solid Waste & Recyclables Collection Augusta, GA Dead Animals means animals or portions thereof equal to or less than 100 pounds in weight, which have 101 expired. 102 103 Designated Collection Area means the geographic area of which the Contractor will provide collection 104 and other services pursuant to the Contract. Collection points will be at the curb or other Augusta 105 determined locations for Customers receiving Carry-Out Collection service. 106 107 Designated Disposal Facility means a facility to which Garbage, Yard Waste and Bulky Waste collected 108 under the Contract must be delivered. The disposal facility for Residential Garbage, Yard Waste and 109 Bulky Waste collected as part of this Contract will be the Deans Bridge Road Landfill located in Augusta, 110 Georgia. 111 112 Designated on-Residential Location means a non-residential location in the Service Area that receives 113 collection and other solid waste services from the Contractor. An example would be public facilities or 114 small businesses serviced by Roll-Out Carts. 115 116 Designated Recycling Facility means a Materials Recovery Facility or transfer station selected by 117 Augusta for delivery of Recyclables and/or White Goods collected under this Contract. 118 119 District Manager means the employee designated by the Contractor as the Contractor's primary 120 representative with regard to matters involving this Contract. 121 122 Fiscal Year means Augusta’s fiscal year that runs from January 1 through December 31. 123 124 Garbage, Residential See Residential Garbage 125 126 Hazardous Waste means waste, in any amount, which is defined, characterized, or designated as 127 hazardous by the United States Environmental Protection Agency or appropriate State agency by or 128 pursuant to federal or state law, or waste, in any amount, which is regulated under federal or state law; as 129 well as all waste defined as "Hazardous Waste" in this Agreement. For the purposes of this Agreement, 130 the term Hazardous Waste shall also include, but is not limited to, motor oil, gasoline, and liquid paint. 131 132 Hot Load means any vehicle carrying solid waste observed to be smoldering, smoking, on fire, giving off 133 odors, or leaking a caustic or corrosive substance. 134 135 Implementation Plan means a document describing in detail the activities that will be undertaken and 136 the schedule that will be followed to successfully implement the Contractor’s collection services under 137 this Contract on the Start Date. The Implementation Plan shall include a description of how the 138 Contractor will evaluate routing and determine routes. 139 140 Littering means allowing spilled or wind-blown materials to come from the vicinity of the Contractor's 141 truck hopper or to fall to the ground as the Roll-Out Carts are emptied. 142 143 Maintenance Director means the person the Contractor has assigned to Augusta, and shall be a qualified 144 person to be in charge of maintenance associated with providing Collection Services within the Service 145 Area. The Maintenance Director shall be physically stationed in the Service Area and available to 146 Augusta through the use of telecommunications equipment at all times that the Contractor is providing 147 Collection Services. 148 149 Material Recovery Facility or MRF means a site used for the collection, storage, and processing of 150 Recyclables. 151 Attachment number 8 \nPage 3 of 73 Item # 2 Page 4 of 73 Solid Waste & Recyclables Collection Augusta, GA 152 Miss means any Request for Service of a missed collection reported to Augusta. 153 154 Physical Impairment means a condition that renders an individual physically unable to bring a Roll-Out 155 Cart either to the curb or for whom the undertaking of such an act would clearly and seriously threaten 156 that person's health. 157 158 Putrescible means wastes that will decay or become rotten such as meats, dairy products, vegetables, 159 fruits, etc. that are normally the source of odors and are attractive to insects. 160 161 Producer means a property owner or tenant of a Residential Unit, Designated Non-Residential Location 162 and Unoccupied Location who generates solid waste. 163 164 Recyclables means solid waste including but not limited to newsprint and inserts; junk mail, cardboard, 165 books and phone books, food packaging (not contaminated by food), magazines, paper bags and boxes; 166 plastic bottles and containers to include items labeled #1 and #2, plastic milk containers, detergent bottles 167 and plastic soft drink and liquor bottles; aluminum, steel, or tin cans; and other items determined to be 168 recyclable by Augusta. Augusta may amend this list from time to time. 169 170 Recyclables Cart means the container designated and authorized by Augusta based upon the container's 171 depth, size, and material and identified solely for Recyclables. It shall be subject to the collection 172 regulations pertaining to Recyclables. 173 174 Refuse means all nonputrescible material discarded for disposal as Residential Garbage. 175 176 Repeat Collection Miss means two or more collection misses at any one Residential Unit, Designated 177 Non-Residential Location, Unoccupied Location, or other designated collection point during any thirty 178 (30) day period or four (4) or more collection misses in a ninety (90) day period. 179 180 Request for Service means reported customer service requests or discovered missed collection of 181 Residential Garbage, Recyclables, Yard Waste or Bulky Waste from any one Residential Unit, 182 Designated Carry-out Collection Locations, Designated Non-Residential Locations, Unoccupied Location 183 or Courtesy Collections on the form used by Augusta to document customer service requests. Usually this 184 request is transmitted electronically to the Contractor and can also be referred to as an "Insight" or "GBA" 185 work order. 186 187 Residential Garbage means residential waste including but not limited to animal and vegetable matter; 188 non-hazardous residential waste materials; properly contained medical waste; discarded food or beverage 189 containers; discarded toys, clothing and other residential items; but excluding liquids of any kind. For the 190 purpose of this Contract, Residential Garbage also includes garbage generated by Designated Non-191 Residential Locations. 192 193 Residential Unit means any single-family dwelling, condominium, or rental unit with four (4) or fewer 194 dwelling units at one location. Each dwelling unit contained in a condominium and each dwelling unit in 195 apartment complexes with four (4) or fewer rental units will be counted as separate collection points. 196 197 Roll-Out Cart means the gray (or any other color) plastic Roll-Out Cart supplied by Augusta to 198 Customers or other designated Producers for the collection of Residential Garbage or Recyclables. 199 200 Service Area means the area(s) within Augusta limits served by the Contractor(s) and any annexations, if 201 granted. 202 Attachment number 8 \nPage 4 of 73 Item # 2 Page 5 of 73 Solid Waste & Recyclables Collection Augusta, GA 203 Supervisor means the person the Contractor has assigned to Augusta, and shall be a qualified supervisor 204 to be in charge of the operations within the Service Area. The supervisor shall be physically stationed in 205 the Service Area and available to Augusta through the use of telecommunications equipment at all times 206 that the Contractor is providing Collection Services. 207 208 Valid Miss means any missed Request for Service or solid waste collection determined by Augusta to 209 result from Contractor negligence or omission. 210 211 Vehicle Leaks and Spills means leaks consisting of a constant drip of fluids or fluid spills that leave 212 visible puddles or "staining" upon the pavement. These fluids can be any of the motor fluids, hydraulic 213 fluids, or waste liquids from the compactor unit. 214 215 White Goods includes refrigerators, ranges, water heaters, freezers, unit air conditioners, washing 216 machines, dishwashers, clothes dryers, any others similar domestic appliances that are collected by the 217 Contractor for recycling. 218 219 Yard Waste means grass, leaves, limbs, trimmings, or other plant or vegetative material generated by the 220 Customer and separated and placed at curbside for collection. Yard Waste is divided into two (2) distinct 221 categories; a) quantities less than 10 cubic yards; and b) quantities 10 cubic yards or greater. 222 223 Unoccupied Locations means a vacant or unoccupied Residential Unit, unimproved property or vacant 224 lot. 225 226 SECTIO 2 - COTRACT TERM AD COMMECEMET 227 228 2.1 Performance Commencement 229 The term of this Agreement shall commence on April 1, 2013, and terminate on December 31, 2021 (the 230 “Initial Term”) unless this Agreement is terminated earlier by Augusta as herein provided. This 231 Agreement may be renewed for two (2) or more successive two (2) year terms (the “Renewal Terms”) 232 upon mutual agreement of the parties at the rates herein (as may be adjusted as provided herein) no less 233 than sixty (60) days prior to the expiration of the Initial Term or the then current Renewal Term. 234 235 2.2 Transition prior to Commencement Date of this Contract. 236 Contractor understands and agrees that the time between the formal Contract signing and April 1, 2013 is 237 intended to provide the Contractor with sufficient time to, among other things, order equipment, prepare 238 necessary routing changes, and prepare to start services. Contractor shall be responsible for the provision 239 of all collection services beginning April 1, 2013. Accordingly, Contractor shall provide collection 240 services as set forth in this Contract no later than April 1, 2013. 241 242 2.3 Deadlines for the Contractor's Implementation Planning. 243 At a minimum, the Contractor must address the following specific performance requirements in the 244 Implementation Plan and accomplish them according to the following deadlines. Dates may be modified 245 by mutual agreement. 246 By June 29, 2012 Contractor shall hire the District Manager, who shall attend the Implementation 247 Plan discussion meeting. 248 By July 13, 2012 Contractor shall provide Augusta’s Contract Administrator with a collection and 249 maintenance plan, which shall be subject to the approval of Augusta’s Contract Administrator. 250 The maintenance plan shall include a description of how emergency maintenance issues will be 251 handled. Ten days after receiving Augusta Contract Administrator’s comments, the Contractor 252 Attachment number 8 \nPage 5 of 73 Item # 2 Page 6 of 73 Solid Waste & Recyclables Collection Augusta, GA shall provide Augusta Contract Administrator with a revised collection and maintenance plan, if 253 necessary. 254 By July 13, 2012 Contractor shall submit to Augusta’s Contract Administrator documentation 255 demonstrating that: (a) all necessary vehicles, equipment, and containers have been ordered and 256 will be delivered to Contractor's equipment yard no later than January 11, 2013. 257 By July 13, 2012 Contractor and Augusta shall meet and discuss the Contractor’s Implementation 258 Plan. 259 By July 13, 2012 Contractor shall request a detailed customer list from Augusta to show all 260 Residential Garbage, Designated Non-Residential, and Unoccupied Locations. The Contractor 261 shall also request other information that the Contractor may reasonably need for an effective 262 implementation. This may include lists of Carry-Out Collection locations, exempt locations from 263 services, and locations with multiple Roll-Out Carts. 264 By Augusta 10, 2012 Contractor and Augusta shall meet and discuss the Contractor’s 265 Implementation Plan. 266 By September 7, 2012 Contractor and Augusta shall meet and discuss the Contractor’s 267 Implementation Plan. 268 By September 14, 2012 the Contractor shall have audited the detailed customer list from Augusta 269 to show all Residential Garbage, Designated Non-Residential, and Unoccupied Locations and 270 provide discrepancies back to Augusta in a format acceptable to Augusta. 271 By October 5, 2012 Contractor and Augusta shall meet and discuss the Contractor’s 272 Implementation Plan. 273 By November 9, 2012 Contractor and Augusta shall meet and discuss the Contractor’s 274 Implementation Plan. 275 By December 7, 2012 Contractor and Augusta shall meet and discuss the status of the 276 Contractor’s Implementation Plan and its completion. 277 By January 11, 2013 Contractor and Augusta shall meet and discuss the status of the Contractors 278 Implementation Plan and its completion. 279 By January 11, 2013 Contractor shall confirm in writing to Augusta Contract Administrator that 280 all of the vehicles and equipment necessary to provide Collection Services have been delivered to 281 the Contractor's equipment yard. 282 By January 18, 2013 Contractor shall confirm in writing to Augusta Contract Administrator that 283 all of the vehicles necessary to provide collection services have been registered, licensed, tagged, 284 and equipped, and are ready to perform in compliance with the requirements of this Contract. 285 By January 18, 2013 Contractor shall provide Augusta Contract Administrator with a vehicle and 286 equipment list, which shall identify the make, type, year, license number, and identification 287 number for each Collection vehicle. 288 By January 25, 2013, Contractor shall ensure that all collection vehicles have been properly 289 permitted, inspected, and have an established tare weight with the Designated Disposal Facility. 290 By January 25, 2013 Contractor shall confirm in writing to Augusta Contract Administrator that: 291 (a) Contractor has hired and trained all of the employees needed to provide Collection Service in 292 compliance with the requirements in this Contract; (b) all of the Contractor's drivers have 293 inspected their collection routes and confirmed their ability to complete their routes on the 294 scheduled collection work day; (c) drivers have been made aware of all Carry-Out Collection 295 locations; (d) provide a certification that all employees working under this contract have passed 296 the Contractors background check; (e) provide a certification that all employees working under 297 this contract have passed a pre-employment drug test; and (f) provide a certification that all 298 employees working under this contract have agreed to abide the operating rules of the Designated 299 Disposal Facility and Designated Recycling Facility. 300 301 2.3.1 CG Station Implementation Planning 302 Attachment number 8 \nPage 6 of 73 Item # 2 Page 7 of 73 Solid Waste & Recyclables Collection Augusta, GA At a minimum, the Contractor must address the following specific performance requirements in 303 the Implementation Plan and accomplish them according to the following deadlines. Dates may 304 be modified by mutual agreement. 305 306 Within one week of Contract award, Contractor shall meet with Augusta to discuss the 307 implementation of the CNG stations. 308 By June 29, 2012, Contractors and Augusta shall meet and discuss locations as well as site 309 design, specifications and the companies who will construct the stations. 310 By July 20, 2012, Contractors shall finalize design of the station and an Agreement shall be 311 entered into with a development partner. 312 By August 13, 2012, Construction commencement. 313 By January 18, 2013, Construction completion and facility operational.” 314 By April 1, 2013, title of said property, equipment and the station shall be turned over to Augusta. 315 316 2.4 Transition upon Expiration of this Contract 317 318 2.4.1 Continuation of Contractor’s Service 319 If Augusta does not exercise its right to renew this Contract or if there are no renewal options 320 remaining, Augusta will attempt to award a new agreement at least six (6) months prior to the 321 expiration of this Contract. In the event a new agreement has not been awarded within such time 322 frame, Contractor shall provide Collection Services to Augusta on a month-to-month basis after 323 the expiration of this Contract, at the then established rates, if Augusta requests this service with 324 at least thirty (30) days notice to the Contractor. 325 326 2.4.2 Schedule for Termination of Contractor’s Service 327 Prior to the termination of this Contract, Contractor shall work with Augusta to ensure that there 328 is no interruption or reduction of service when the Contractor ends its services to Augusta. If a 329 new contract is awarded to a hauler other than the Contractor, the Contractor shall coordinate and 330 cooperate with the newly selected hauler, as well as Augusta, to minimize any disruptions in the 331 service provided to the public. 332 333 334 SECTIO 3 - GEERAL COLLECTIO REQUIREMETS 335 336 3.1 Scope of Service 337 Commencing on the Starting Date, the Contractor shall collect and transfer, in a workmanlike manner, 338 according to the Collection Service Frequency in Section 3.5; the following: 339 340 3.1.1 Residential Garbage 341 Residential Garbage and Recyclables in Augusta-provided Roll-Out Carts placed at curbside, 342 Yard Waste placed at curbside, and Bulky Waste placed at curbside at each Residential Unit. 343 344 3.1.2 Designated on-Residential Location 345 Residential Garbage and Recyclables in Augusta-provided Roll-Out Carts placed at curbside, at 346 each Designated Non-Residential Location. 347 348 3.1.3 Unoccupied Locations 349 Yard Waste placed at curbside, and Bulky Waste placed at curbside at each Unoccupied 350 Location. 351 352 Attachment number 8 \nPage 7 of 73 Item # 2 Page 8 of 73 Solid Waste & Recyclables Collection Augusta, GA 3.1.4 Roll-out Carts 353 Approved Roll-Out Carts have been or shall be provided by Augusta to each Residential Unit 354 and Designated Non-Residential Location. Additionally, the Contractor shall provide Carry-Out 355 Collection for those residents qualifying for this special service and all Courtesy Collections 356 when requested by Augusta. The Contractor shall furnish all labor, equipment materials, tools, 357 storage, insurance, supervision, and all other items incidental thereto and to perform all work 358 necessary and specified in the prescribed manner and time, to provide Collection Services, in the 359 Designated Collection Area, as described herein. 360 a. Residential and Designated on-Residential Location Roll-Out Carts – Garbage: 361 Each Residential Unit and Designated Non-Residential Locations is initially authorized 362 one (1) gray topped Roll-Out Cart with an Augusta, Georgia logo, should the volume 363 needs for Residential Garbage increase for a specific Residential Unit or Designated 364 Non-Residential Locations, Augusta may authorize additional Roll-Out Cart(s) for that 365 location. Augusta will then pay for the additional Roll-Out Cart(s) at the rates specified. 366 Multiple Augusta, Georgia Roll-Out Carts beyond those authorized at each location, 367 personal carts or cans, and Roll-Out Carts from other hauling services containing 368 Residential Garbage shall not be emptied, and the Contractor shall report these 369 unauthorized carts immediately to Augusta for investigation. 370 371 b. Residential and Designated on-Residential Location Roll-Out Carts – Recyclables: 372 Each Residential Unit and Designated Non-Residential Locations are authorized one (1) 373 blue topped Roll-Out Cart with an Augusta, Georgia logo, should the volume needs for 374 Recyclables increase for a specific location, Augusta may authorize additional Roll-Out 375 Cart(s). 376 377 3.1.5 Extra Residential Garbage Collection 378 Residential Garbage placed outside the Roll-Out Cart on a regular basis shall not be collected, 379 and the Contractor shall report the address to Augusta for investigation. A maximum of five (5) 380 bags of Residential Garbage placed outside the Roll-Out Cart no more than once per quarter will 381 be allowed to accommodate special occasions, but the Contractor shall report the address for 382 entry into the Insight Work Order System for monitoring purposes. Residential Garbage shall 383 not be collected as Bulky Waste except as otherwise allowed by the Agreement. 384 3.1.6 Bulky Waste Collection 385 The Contractor shall collect Category One (1) Bulky Waste once per week from Residential Units 386 and Unoccupied Locations. Contractor shall strictly follow established process as written herein 387 or as later modified in writing. Bulky Waste is divided into two distinct categories as described 388 below: 389 a. Category One (1): Bulky piles less than 10 cubic yards that do not require scheduling, qualify 390 for curb-side collection, and are collected by the Contractor as part of the residential route 391 collection process; and 392 393 b. Category Two (2): Bulk Waste piles 10 cubic yards or greater that do not qualify for curbside 394 collection, must be placed for Augusta grapple truck collection. When the Contractor 395 encounters a Bulk Waste pile 10 cubic yards or greater the Contractor shall NOT collect any 396 portion of this Bulk Waste pile and report the location immediately to Augusta for 397 investigation. 398 399 c. Reporting of Category Two bulky waste shall be either through an automated on-board 400 software solution or via email from the Contractor. 401 402 Attachment number 8 \nPage 8 of 73 Item # 2 Page 9 of 73 Solid Waste & Recyclables Collection Augusta, GA 3.1.7 Yard Waste Collection 403 The Contractor shall collect Category One (1) Yard Waste from Residential Units and 404 Unoccupied Locations according to Section 3.5. Yard Waste shall be placed in Kraft paper bags, 405 in Customer provided cans, clearly identifiable as Yard Waste, or in piles. Contractor shall 406 strictly follow established process as written herein or as modified later in writing. Yard Waste is 407 divided into two distinct categories as described below: 408 a. Category One (1): Yard Waste Piles less than 10 cubic yards that do not require scheduling, 409 qualify for curb-side collection, and are collected by the contractor as part of the residential 410 route collection process, provided that any material shall be no longer than 5 feet in length 411 and be reasonably accessible by manpower. Christmas trees will be eligible for collection as 412 Yard Waste and are not required to meet the stated standards, so long as lights and 413 decorations have been removed; and 414 415 b. Category Two (2): Yard Waste piles 10 cubic yards or greater that do not qualify for curbside 416 collection must be placed for Augusta grapple truck collection. When the Contractor 417 encounters a Yard Waste pile 10 cubic yards or greater Contractor shall NOT collect any 418 portion of this Yard Waste pile and report the location immediately to Augusta for 419 investigation. 420 421 c. Reporting of Category Two yard waste shall be either through an automated on-board 422 software solution of via email from the Contractor. 423 424 3.1.8 Residential Recyclables Collection 425 The Contractor shall collect Recyclables from Residential Units, and Designated Non-Residential 426 Locations. Operation and expansion of the residential recycling program is a high priority for 427 Augusta. 428 a. The Contractor shall provide an incentive based recycling program offered by Recycling 429 Perks. The Recycling Perks scope of services is listed as Appendix D and shall be 430 considered a material requirement of this Contract. 431 432 b. The Contractor shall exercise due care not to contaminate the Recyclables. 433 c. The Contractor shall ensure that its provision of the services does not in any manner 434 contribute to contamination levels and shall adhere to the collection vehicle cleaning 435 requirements described herein. 436 437 3.1.9 Roll-Out Cart and Recyclable Cart Placement 438 Contractor shall return Roll-Out Carts and Recyclable Carts to their original position, as provided 439 by Section 5.4; taking care not to block access to driveways or mailboxes after it has been 440 emptied. Contractor shall reasonably attempt to close Roll-Out Cart and Recyclable Cart lids. 441 442 3.2 Designated Collection Area 443 Augusta hereby gives, grants, and awards to the Contractor the exclusive right to pickup, collect, and 444 transport for disposal or processing Residential Garbage, Recyclables, Yard Waste and Bulky Waste from 445 all Residential Unit, Designated Non-Residential Location and Unoccupied Location collection points 446 within the Designated Collection Area, as described herein. For this Agreement, Advanced Disposal 447 Services Augusta, LLC, shall provide service to Designated Collection Area 1 (DCA 1) and Inland 448 Services Corporation shall provide service to Designated Collection Areas 2 and 3 (DCA 2 and DCA 3). 449 A map of the Designated Collection Areas is presented in Appendix A. 450 3.3 Monthly Performance Summary 451 Attachment number 8 \nPage 9 of 73 Item # 2 Page 10 of 73 Solid Waste & Recyclables Collection Augusta, GA A monthly performance summary form ("Monthly Performance Summary") has been established to assist 452 Augusta in evaluating Contractor performance under this Agreement. The Monthly Performance 453 Summary consists of the following two elements, which are further described in Appendix B: 454 455 3.3.1 The Monthly Performance Summary 456 The Summary will include a listing of key performance measures profiling the Contractor's 457 service level. These measures may be reviewed with the Contractor throughout the month in an 458 effort to identify potential service issues and to work proactively toward a resolution of any 459 deficiencies. 460 461 3.3.2 Annual Customer Satisfaction Survey 462 An annual customer satisfaction survey that will be administered by a professional survey 463 company selected by Augusta and paid for by the Contractor. This survey will target areas where 464 service problems or poor participation are observed. 465 Augusta will evaluate the results of the survey in conjunction with the profile of the key 466 performance measures to determine the overall performance of the Contractor. Augusta will 467 review the results of the Monthly Performance Summary with the Contractor on at least a 468 quarterly basis and the Contractor agrees to implement measures as necessary to improve areas 469 identified as requiring improvement. The Contractor recognizes that these results will be 470 compiled by Augusta and may be presented internally or publically. 471 472 Contractor acknowledges that its performance relative to the Monthly Performance Summary 473 shall not be construed to mean that the Contractor is meeting its performance obligations as 474 required by this Agreement. Should the Contractor not comply with any other material provision 475 of this Agreement, Augusta may declare the Contractor in default notwithstanding its 476 performance levels relative to the Monthly Performance Summary. 477 478 3.4 Materials to be Collected 479 480 The Contractor shall provide alley collection and curbside collection of Residential Garbage, Yard Waste, 481 Recyclables and Bulky Waste placed for collection in accordance with the Collection Schedule in the 482 Designated Collection Area, and as further described in this document. 483 484 3.4.1 Mixing 485 The Contractor shall not mix Garbage and Bulky Waste with any Yard Waste or Recyclables. 486 Further, the Contractor shall not mix any Yard Waste and Recyclables. The Contractor shall 487 not collect material in the same truckload from both Recyclables Carts and Roll-Out Carts, 488 unless Augusta has identified the Recyclables Carts as containing an excess of non-recyclable 489 material. 490 491 3.4.2 Damages 492 If the Contractor's equipment operator collects one or more commodities in the same 493 truckload without permission, or as otherwise allowed by this Agreement, from Augusta, the 494 Contractor shall be assessed Damages in the amount of one thousand dollars ($1,000) per 495 incident and Augusta may declare it an event of default. 496 3.5 Collection Service Frequency 497 The Contractor shall collect Residential Garbage, Recyclables in Augusta-provided Roll-Out Carts placed 498 at curbside, Yard Waste placed at curbside, and Bulky Waste placed at curbside at each Residential Unit 499 and Designated Non-Residential Location. Yard Waste placed at curbside, and Bulky Waste placed at 500 Attachment number 8 \nPage 10 of 73 Item # 2 Page 11 of 73 Solid Waste & Recyclables Collection Augusta, GA curbside at each Unoccupied Location shall also be collected. Each Customer's Residential Garbage, 501 Recyclables, Yard Waste and Bulky Waste must be collected on the same day of the week (i.e., the 502 collection of Residential Garbage, Recyclables, Yard Waste and Bulky Waste for a single Customer shall 503 be coordinated so that the designated collection day of each type of material occurs on the same day of 504 the week at the Customer's collection point). The Customers' collection day shall be in accordance with 505 the approved Collection Schedule. Augusta expects Roll-Out Carts, Recyclables Carts, Yard Waste and 506 Bulky Waste to be placed at curbside by 7:00 a.m. on the designated collection day. Table 1, below, 507 describes the service frequencies. 508 Table 1: Service Levels 509 510 Service Levels Residential Unit Designated on-Residential Locatio n Unoccupied Location Garbage - Once per week Garbage - Once per week Yard Waste - Once per week Recyclables - Once per week Recyclables - Once per week Bulky Waste - Once per week Yard Waste - Once per week Bulky Waste - Once per week 511 512 3.6 Collection Days 513 Routes for Residential Garbage, Recyclables, Yard Waste and Bulky Waste must be spread out evenly 514 over five (5) collection days, Monday through Friday. For each Residential Unit, Designated Non-515 Residential Location, and Unoccupied Location, all services will be performed on the same day as 516 Residential Garbage. 517 518 3.7 Hours of Collection 519 No Residential Garbage, Recyclables, Yard Waste or Bulky Waste collection shall commence prior to 520 7:00 a.m., and the Contractor must request permission to continue collection after 8:00 p.m. 521 3.8 Holiday Collection 522 Attachment number 8 \nPage 11 of 73 Item # 2 Page 12 of 73 Solid Waste & Recyclables Collection Augusta, GA The Contractor shall provide Collection Services on all legal holidays except New Years Day, Memorial 523 Day, Fourth of July, Labor Day, Thanksgiving and Christmas. Collection services shall be delayed one 524 (1) day for each observed holiday. For example, if Friday is a holiday then collections normally scheduled 525 on Friday will be collected on Saturday. 526 527 3.8.1 Extra Holiday Collections 528 Contractor shall provide adequate resources to collect the increased holiday waste loads during 529 the five (5) work day(s) following the holiday, as listed in Section 3.8. Extra bags of Refuse and 530 Residential Garbage placed outside the Roll-Out Carts shall be collected, and may be collected as 531 Bulky Waste. 532 533 3.9 Extra Masters Collections 534 Contractor shall provide adequate resources to collect the increased waste loads during the week prior to, 535 the week of, and the week after the Masters Golf Tournament. Extra bags of Refuse and Residential 536 Garbage placed outside the Roll-Out Carts during that period shall be collected, and may be collected as 537 Bulky Waste. 538 539 3.10 Dead Animals 540 Augusta personnel will pick up Dead Animals within Augusta limits. Augusta reserves the right to 541 transfer these Dead Animals to any of the Contractor's solid waste trucks operating in the vicinity when 542 Dead Animals are collected by Augusta crews. Contractor’s Supervisor shall provide immediate direction 543 and/or location of nearest Contractor solid waste collection truck upon request. Dead Animals shall not be 544 placed in a Collection Vehicle collecting Yard Waste or Recyclables. 545 3.11 Requests for Service 546 Once any route has been completed, or is scheduled to have been completed, any Customer missed will 547 be designated as a Request for Service, regardless of the time of day. 548 549 3.11.1 Communication of Requests for Service and Completion 550 a. Upon the receipt of a Request for Service, Augusta will notify the Contractor immediately, 551 through the issuance of a Request for Service, with the date and address where the Request 552 for Service occurred. 553 554 b. If Augusta sends a Request for Service, or provides verbal notification of a Request for 555 Service to the Contractor between the hours of 7:00 a.m. to 5:30 p.m. on any given collection 556 day, the Contractor shall provide collection by 8 p.m. on the same day. The Contractor shall 557 collect any Request for Service received after 5:30 p.m. by noon of the following scheduled 558 collection day. Once Augusta has sent a Request for Service, it shall be considered received 559 by the Contractor, in accordance with Section 10.1. 560 561 c. When Contractor's equipment operators are collecting material based on Requests for 562 Service, they shall be responsible for checking other Residential Units, Designated Carry-out 563 Collection Locations, Designated Non-Residential Locations and Unoccupied Locations in 564 the same vicinity for other possible misses in order to prevent additional calls from other 565 Customers reporting collection misses. 566 567 d. Requests for Service and other emergency calls received by Augusta on non-collection days 568 and evenings will be conveyed to the Contractor's representative, as designated in Section 569 10.1. The Contractor shall respond to such requests in the same timeframe and manner as 570 Attachment number 8 \nPage 12 of 73 Item # 2 Page 13 of 73 Solid Waste & Recyclables Collection Augusta, GA specified in Section 3.11 for Requests for Service, or as specified in other sections of this 571 Agreement for other requests. 572 573 e. The Contractor shall collect solid waste based on Requests for Service and shall transport the 574 materials to the appropriate and approved Designated Disposal Facility or Designated 575 Recycling Facility, as appropriate, during normal business hours. 576 577 f. The Contractor shall notify Augusta, through its response to the Request for Service, of the 578 date and time that collection was completed. 579 580 3.11.2 Route Status 581 Communication from the Contractor on the status of each day's route completion is vital so that 582 Augusta can adequately respond to Customer complaints as they are received. If the Contractor 583 does not keep Augusta so informed, any reported or discovered collection misses for routes, 584 which should have been completed for that collection day, will be designated as Valid Collection 585 Misses. Therefore, the Contractor shall notify Augusta immediately of the following: 586 a. The status of Contractor collection service. 587 b. Unresolved Requests for Service from the previous day and plans to resolve these 588 outstanding requests. 589 c. Any changes or delays in route completion. 590 d. Any open routes not covered in the morning. 591 e. Equipment breakdowns. 592 f. Any other event, which could affect the normal time of completion of any route. 593 594 3.11.3 Missed Collections 595 Augusta employees will investigate Request for Service(s), and classify it as a "Valid Miss" if, in 596 their opinion, the reported miss is due to Contractor negligence or omission. Otherwise, it will 597 remain classified as a Request for Service. 598 599 The Contractor is responsible for avoiding Repeat Collection Misses. 600 601 Requests for Service result in additional work for Augusta, requiring customer service staff to 602 handle customer service requests, and field and office staff to provide follow-up to ensure 603 completion. Therefore, the Contractor shall use its best efforts to minimize the number of Missed 604 Collections. 605 606 3.11.4 Damages 607 If the Contractor fails to provide collection of a Request for Service by the times specified in 608 Section 3.11, the Contractor shall pay Augusta Damages in the following amounts: 609 610 a. One hundred dollars ($100) for each violation of Section 3.11.1.b during any one 611 (1) calendar month; 612 613 b. The Contractor shall also pay Augusta additional Damages of five thousand dollars 614 ($5,000) per month for any month in which there are two hundred (200) or more 615 violations of Section 3.11.1.b 616 617 c. The Contractor shall remain responsible for providing collection. However, if the 618 Contractor fails to pick up the Request for Service by the times specified in Section 619 3.11.1.b Augusta may elect to provide the service and charge the Contractor Damages in 620 Attachment number 8 \nPage 13 of 73 Item # 2 Page 14 of 73 Solid Waste & Recyclables Collection Augusta, GA the amount of $500 per missed collection to cover crew mobilization, collection, 621 transport for disposal, and staff costs. The intent is to ensure that quality customer service 622 is provided to each Customer. 623 624 d. Repeat Collection Miss: Should Contractor fail to provide immediate collection of a 625 Repeat Collection Miss, Augusta may, in its sole discretion, provide the collection 626 service and charge the Contractor Damages of $500 for each collection point serviced by 627 Augusta. The Contractor shall also pay Augusta Damages as follows for Repeat 628 Collection Misses: 629 630 (i) Five hundred dollars ($500.00) for the second and third Collection Miss of 631 any one (1) Residential Unit, Designated Non-Residential Location, or 632 Unoccupied Locations location during any thirty (30) day period. 633 634 (ii) One thousand dollars ($1,000.00) for each Collection Miss for four or more 635 Collection Misses of any one (1) Residential Unit, Designated Non-Residential 636 Location, or Unoccupied Locations location during any ninety-(90) day period. 637 638 e. Route Changes: When approved route changes are implemented, the Contractor will 639 be given a four week grace period beginning with the Contractor's first collection day 640 under the approved transition schedule during which misses will be noted but no 641 Damages will be assessed. The grace period is intended solely for one (1) to five (5) 642 Residential Units, Designated Non-Residential Locations, and Unoccupied Locations 643 missed on any one (1) route due to driver unfamiliarity with new routes, therefore any 644 misses of six (6) or more Residential Units, Designated Non-Residential Locations, and 645 Unoccupied Locations on any one (1) route will not be covered by the grace period. Any 646 such misses shall be designated as Valid Misses and shall be subject to Damages. The 647 Contractor shall use its best efforts to limit the number of collection misses, and shall 648 remain responsible for the timely collection of any collection misses during the grace 649 period. 650 651 f. Area Misses: The Contractor shall respond to Area Misses in the same timeframe 652 and manner as specified above. The Contractor shall pay Augusta Damages in the amount 653 of: 654 655 (i) Two thousand dollars ($2,000) for the first one hundred (100) 656 Residential Units, Designated Non-Residential Locations and 657 Unoccupied Locations missed, and 658 (ii) Twenty dollars ($20) for each Residential Unit, Designated Non-659 Residential Location or Unoccupied Location missed over the first one 660 hundred (100) Residential Units, Designated Non-Residential Locations 661 and Unoccupied Locations. 662 (iii) In addition, if the Contractor fails to provide collection by the times 663 specified in Section 3.11.1 (b), Augusta may elect to provide the service 664 and charge the Contractor Augusta's fee for such service as specified in 665 Section 3.11.4 (c). 666 667 3.11.5 Courtesy Collections 668 The Contractor shall be responsible for providing Courtesy Collections, upon request by Augusta. 669 Contractor shall limit Courtesy Collections to a number not to exceed the number of Residential 670 Attachment number 8 \nPage 14 of 73 Item # 2 Page 15 of 73 Solid Waste & Recyclables Collection Augusta, GA Units times 0.15% percent in any calendar week. This service consists of collections of 671 Residential Garbage, Recyclables, Yard Waste and Bulky Waste from specific Residential Units, 672 Designated Non-Residential Locations and Unoccupied Locations. 673 674 The Contractor shall respond to Courtesy Collection requests from Augusta in the same 675 timeframe and manner as specified in Section 3.11.1.b. Augusta shall designate Courtesy 676 Collection requests that are not collected in the specified timeframe to be a Valid Miss, which 677 shall be subject to the Damages specified in Section 3.11.4 678 679 3.11.6 Review of Damages Assessed 680 If Augusta assesses damages that the Contractor believes are not justified by the facts, the 681 Contractor will provide its evidence and schedule a meeting with the Contract Administrator to 682 review. If the matter is not resolved at the review meeting the Contractor may ask the Contract 683 Administrator (or his designee) in writing to review the record and make a determination as to the 684 amount of damages assessed. The Contract Administrator's review shall be made and a written 685 answer provided to the Contractor no later than ten (10) Augusta working days following the 686 receipt of the request for review by the Contract Administrator. Upon receipt of any decision 687 finding liability following the review, the amount of the damages for which liability is found may 688 be withheld by Augusta from the next payment due to Contractor without such withholding being 689 considered a breach of this Agreement. 690 3.12 Designated on-Residential Location Collection 691 The Contractor shall provide collection service to Designated Non-Residential Locations identified and 692 designated by Augusta, which may include facilities such as fire stations, schools, churches, non-profit 693 agencies, businesses, and public buildings. Each Designated Non-Residential Location shall be counted as 694 one stop. Payment for collection at Designated Non-Residential Locations will be based on the actual 695 number of Roll-Out Carts at each location. Each Designated Non-Residential Location is required to be 696 served by a Grey, Augusta, Georgia Roll-Out Cart. Any Roll-Out Carts without the Augusta, Georgia hot-697 stamp on the cart shall not be emptied, but shall be reported immediately to Augusta for investigation. 698 3.13 Unoccupied Location Collection 699 The Contractor shall provide collection service to Unoccupied Locations identified and designated by 700 Augusta. Each Unoccupied Location shall be counted as one stop, and therefore the Contractor shall be 701 paid for one stop for each Yard Waste pick up and each Bulky Waste pickup. Unoccupied Locations will 702 not be issued Roll-Out carts, and any Roll-Out carts at these locations shall not be emptied but shall be 703 reported to Augusta for investigation. 704 3.14 Carry-Out Collection 705 The Contractor shall provide Carry-Out Collection for those individuals who are unable to place their 706 solid waste for collection in the usual manner due to severe physical disability. The Contractor shall not 707 receive special payment for this service. 708 709 Augusta will investigate new requests for Carry-Out Collection. If approved, Augusta will notify the 710 Contractor to start the service on the next regularly scheduled collection day. 711 712 At its discretion, Augusta will re-confirm the need for Carry-Out Collection. However, if the Contractor 713 has reason to believe that Carry-Out Collection is no longer required at any Residential Unit, the 714 Contractor shall notify Augusta. Augusta will investigate and confirm the need for Carry-Out Collection 715 and notify the Contractor of the result of the investigation and whether the service is to be continued or 716 discontinued. 717 Attachment number 8 \nPage 15 of 73 Item # 2 Page 16 of 73 Solid Waste & Recyclables Collection Augusta, GA 718 3.15 Service Verification and Documentation 719 The Contractor shall purchase, install, and utilize on-board technologies on each of the collection vehicles 720 and supervisor vehicles. This technology will be used to perform a variety of tasks which will provide 721 necessary data and service validation both for Augusta and for our customers. All data should be 722 available to Augusta on a real-time basis. This technology shall, at a minimum: 723 724 3.15.1 Fully Automated Service Verification 725 The RFID technology shall be capable of reading Augusta’s RFID tags in each Roll-Out 726 Cart and shall verify the accuracy of containers being serviced, including positively 727 identifying which Customers were not serviced and why; identify which containers were 728 not out for collection; and which customers had extra materials for collection. It should 729 also identify containers that have been moved, stolen, or relocated. All such actions 730 should be captured by photograph attached to the customer and/or container. 731 732 3.15.2 Provide Detailed Route Sheets 733 Driving directions to the next stop based on the route sheets, also allow the driver to 734 choose the next stop manually when running the route out of sequence. When this 735 occurs, the system shall recalculate the route. 736 737 3.15.3 On-Board Scale Technology 738 Automatically record lift events and lift weights for Roll-Out carts and Recyclables Roll-739 Out carts for each Customer. 740 741 3.15.4 Roll-Out Carts 742 Capable of automating the delivery, damage, exchanges, returns, and removals of Roll-743 Out Carts for each Customer. This will be performed by Augusta, but the software 744 should be capable of supporting cart data. 745 746 3.15.5 Hand-Held Devices 747 A hand-held device which integrates with the on-board computer that will allow the 748 driver and/or supervisor to collect information while outside of the vehicle. The hand-749 held device shall have at least signature verification and RFID reader capabilities. 750 751 3.15.6 Global Positioning System 752 All data gathering and tracking shall be geo-coded and provide real-time vehicle location 753 (within 2 minutes), route driven, and stops made. 754 755 3.15.7 Messaging 756 Wireless communication to each vehicle while in the yard, en-route, or at the Designated 757 Disposal facility, and real-time messaging between the driver and the back-office 758 software. 759 760 3.15.8 Reporting 761 A report center that allows the logging of time for breaks, customer stops, refueling, 762 landfill, and others. This should also provide the recording of detailed events during 763 accident situations, and the exact route each vehicle took any day. Reports should be 764 customizable. 765 766 SECTIO 4 - ROUTIG AD COLLECTIO SCHEDULES 767 768 Attachment number 8 \nPage 16 of 73 Item # 2 Page 17 of 73 Solid Waste & Recyclables Collection Augusta, GA 4.1 Route Maps 769 The Contractor shall annually review the existing collection maps and evaluate workloads and service 770 areas for effectiveness and efficiency in light of changed population density and/or distribution. Augusta 771 will review the Contractor's route maps to ensure that all areas to be collected are included, and that 772 routing does not result in dangerous collection practices. 773 774 4.1.1 Route Details 775 Each set of detailed route maps must show, for each collection day, the areas to be collected, the 776 starting point for collection, and the exact direction and sequence of travel of the streets and 777 alleys for each route to be collected. The Contractor shall use its best efforts to minimize the 778 number of Residential Units, Designated Non-Residential Locations and Unoccupied Locations 779 that are affected by collection day changes as a result of its initial routing plans. 780 781 The Contractor is responsible for ensuring that all routes are accurately populated in the on-board 782 vehicle technology. 783 784 4.1.2 Route Summary Information 785 The Contractor shall include a summary of the route maps, indicating the number of Residential 786 Units, Designated Non-Residential Locations and Unoccupied Locations to be collected each 787 collection day, and the number of Residential Units, Designated Non-Residential Locations and 788 Unoccupied Locations per route, for Residential Garbage, Recyclables, Yard Waste and Bulky 789 Waste collection. The summary shall also show the number of Residential Units, Designated 790 Non-Residential Locations and Unoccupied Locations, which would be affected by any changes 791 in their current collection days, and an explanation of those changes. 792 793 4.1.3 Route Boundaries 794 Routes shall be bounded by natural boundaries, such as bodies of water, major highways or 795 arterials. Any boundaries that are on secondary or residential roads shall be divided on the back 796 of property lines to ensure both sides of the street are collected on the same day and route. 797 798 4.1.4 Route Map Format 799 Route maps shall be submitted in reproducible, approved GIS format. All street names must be 800 legible. The Contractor may request current street maps showing parcel information from 801 Augusta's GIS manager. Once a format is agreed upon, all future route maps shall be prepared 802 using the same format. 803 804 4.2 Routing and Collection Day Changes 805 When adjustments are warranted, the Contractor shall submit detailed route maps, one (1) set each for 806 Residential Garbage, Recyclables, Yard Waste and Bulky Waste collection, to Augusta for Augusta's 807 review. Any routing change, which results in a change of collection days for any Residential Units, 808 Designated Non-Residential Locations and Unoccupied Locations, requires compliance with the 809 notification process described in Section 4.3. Augusta may require the Contractor to phase in collection 810 day changes and any changes affecting more than five (5) routes. 811 812 4.2.1 Route Change Requests 813 In the event collection days or routes become unbalanced due to population changes or other 814 reason, Augusta may allow the Contractor to make revisions to its initial approved route maps. 815 The Contractor shall submit any requests for changes in routing or collection schedules to 816 Augusta for Augusta's review and approval as follows: 817 Attachment number 8 \nPage 17 of 73 Item # 2 Page 18 of 73 Solid Waste & Recyclables Collection Augusta, GA a. Not less than six (6) weeks prior to the week proposed for a routing change for five 818 (5) routes or less to become effective. Augusta will approve or disapprove the request 819 within three (3) week of receipt. 820 b. Not less than twelve (12) weeks prior to the week proposed for a routing change for 821 more than five (5) routes or a collection day change to become effective. Augusta 822 will approve or disapprove the request within six (6) weeks of receipt. 823 824 4.2.2 Route Change Documentation 825 All such changed routes must be documented in the same detail as the original route maps 826 supplied by the Contractor, as described in Section 4.1, and must include the reasons for the 827 requested change and the number of Residential Units, Designated Non-Residential Locations 828 and Unoccupied Locations affected in each route. Changes shall involve easily identifiable route 829 and area boundaries for ease in communicating the change to Customers. 830 831 4.2.3 Route Change Justification 832 The Contractor shall not request any routing or collection day changes without a valid reason 833 because of the resulting confusion to Customers and increases in the number of customer service 834 calls which must be handled by Augusta staff. In addition to the Courtesy Collections provided by 835 the Contractor in accordance with Section 3.11.5, the Contractor shall provide Courtesy 836 Collection to any Residential Units, Designated Non-Residential Locations and Unoccupied 837 Locations affected by a routing or collection day change, upon request from Augusta, for a two-838 week period following implementation of the change. 839 840 4.3 Collection Day Change otification Process 841 The Contractor shall be responsible for the full cost and provision of notification to all Residential Units, 842 Designated Non-Residential Locations and Unoccupied Locations affected by any change in routes or 843 collection schedules, which has been approved by Augusta, which alters the day of collection. The 844 Contractor shall submit a notification plan for Augusta's review and approval, at the time of submittal of 845 any request for collection day changes. The notification plan shall outline the process recommended by 846 the Contractor. 847 848 Notification must be received by each affected Residential Unit, Designated Non-Residential Location or 849 Unoccupied Location not less than one (1) week or more than two (2) weeks prior to the starting date of 850 such change. Notice shall be made in writing to each individual Customer. Such notice shall include the 851 reason for the change and a Augusta telephone number and e-mail address to contact if further 852 information is desired. The method of notification may be a letter sent through the U.S. Postal Service to 853 every affected Customer of record, or the same letter or a door hanger hand-delivered door-to-door (either 854 handed to the Customer or left at each service address). Notification to Unoccupied Locations shall be a 855 letter sent through the U.S. Postal Service. Notification by notice attached to Roll-Out Carts is not 856 permitted. The method and date of notification and the proposed content of the notice letter or door 857 hanger must be reviewed and approved by Augusta. Augusta may conduct random inspections to ensure 858 notification procedures are being followed. 859 860 The Contractor is also responsible for ensuring that its equipment operators are fully informed of any 861 approved change, and that the change is accomplished with a minimum of disruption to Customers and 862 daily operations. 863 864 4.4 Route Order 865 866 The Contractor shall always collect each route in the order approved by Augusta. Route maps are used by 867 Augusta to document and monitor areas to be collected in order to provide good customer service to the 868 Attachment number 8 \nPage 18 of 73 Item # 2 Page 19 of 73 Solid Waste & Recyclables Collection Augusta, GA public and to respond to Customer complaints and reported collection misses. Should there be an 869 equipment failure reported to Augusta, the Contractor may request authorization from Augusta for a 870 temporary route change. 871 872 4.4.1 Damages 873 Should the Contractor collect Residential Garbage, Recyclables, Yard Waste and Bulky 874 Waste in any other order without obtaining approval of Augusta in accordance with Section 875 4.4 and 4.2, and without providing notification to affected residents before the change, the 876 Contractor shall pay Augusta Damages of five hundred dollars ($500) per route for each 877 daily occurrence. 878 879 4.4.2 Route Audits 880 Augusta shall have the right to be a passenger in the collection vehicles for the purposes of 881 auditing routes and services. Augusta shall request such activity at least 48-hours in 882 advance. 883 884 4.5 Collection Impediments 885 A number of collection impediments may require special effort by the Contractor to provide collection 886 service. Collection impediments of any type, in any portion of the Service Area including streets and 887 alleys, shall not result in disruption of collection service. When conditions require special efforts to 888 complete collection service, the Contractor shall make these additional efforts at no additional cost to 889 Augusta. 890 891 4.5.1 Adverse Weather 892 If the impassability of the street or alley due to extreme weather conditions is anticipated to last 893 for only one or two scheduled collection days, Augusta may elect to delay collection services until 894 conditions improve. When this occurs, the Contractor shall resume collection services on the next 895 scheduled collection day. 896 897 4.5.2 Infrastructure Construction 898 Periodically major renovation is necessary to maintain the infrastructure of Augusta. This 899 renovation includes such activities as replacing gas, water, and sewer lines, surfacing or 900 resurfacing streets, and replacing wiring for telephone, electricity, or cable television. If the 901 Contract Administrator is notified in advance of these activities, the Department will notify the 902 Contractor. However, it is not uncommon for work to be initiated without prior notification. 903 Alternate collection service must be provided during this period of disruption. Each circumstance 904 must be evaluated individually to determine the appropriate alternative. The Contractor shall 905 notify Augusta of the nature of the disruption, its location, and the Contractor's recommended 906 alternative to provide service. Augusta will either approve the alternative method or require the 907 Contractor to use a different collection method. 908 909 4.5.3 Materials Blocking the Street or Alley 910 When materials of any kind are placed in the street or alley in such a way that the collection 911 vehicle cannot proceed down the street or alley, the Contractor shall immediately notify Augusta. 912 Augusta will attempt to locate the individual responsible for the material and have them remove it. 913 However, if the responsible party cannot be located immediately and Augusta determines that the 914 amount of material is too large for the Contractor to move or to collect, Augusta will remove the 915 material blocking the street or alley and the Contractor shall provide collection service as 916 scheduled at no extra charge to Augusta. If Augusta determines that the Contractor should collect 917 Attachment number 8 \nPage 19 of 73 Item # 2 Page 20 of 73 Solid Waste & Recyclables Collection Augusta, GA the material, the Contractor shall remove the material and provide collection service as scheduled 918 at no extra charge to Augusta. 919 920 4.5.4 Illegally Parked Vehicles 921 If an illegally parked vehicle blocks a street or alley, the Contractor must inform Augusta of the 922 situation and request removal of the vehicle. Removal of the vehicle usually occurs in a matter of 923 hours, thus collection must be provided on the scheduled day. If the vehicle is not removed by the 924 end of the collection day and there is no other access to the Roll-Out Carts, the Contractor shall, 925 upon notification to and approval by Augusta, provide collection at start of shift on the following 926 day. The Contractor is responsible for follow-up with Augusta until the vehicle is removed and 927 shall inform Augusta when the vehicle is removed. 928 929 SECTIO 5 - ROLL-OUT CARTS AD RECYCLABLES CARTS 930 5.1 Provision & Maintenance of Roll-Out and Recyclables Carts 931 Except as otherwise provided for in this Agreement, Augusta will be responsible for providing and 932 delivering Roll-Out and Recyclables Carts to Customers, and delivering replacement Roll-Out and 933 Recyclables Carts for those which are lost, stolen, damaged or worn beyond their useful life. Augusta will 934 also be responsible to repair or replace all Roll-Out and Recyclables Carts as needed. 935 5.2 Roll-Out and Recyclables Cart Size & Types 936 Roll-Out and Recyclables Carts provided to Customers by Augusta include 35-gallon, 64-gallon and 95-937 gallon nominal capacity carts. Augusta may distribute Roll-Out and Recyclables Carts of other sizes; 938 however, all such Roll-Out and Recyclables Carts will be compatible with the approved collection 939 equipment. The number of Roll-Out and Recyclables Carts distributed will be at the sole discretion of 940 Augusta. 941 5.3 Roll-Out and Recyclables Cart Loss & Damage 942 943 The Contractor shall exercise all reasonable care and diligence to ensure that Roll-Out and Recyclables 944 Carts are not damaged by its collection vehicles while providing collection service. 945 946 When Contractor's equipment operators observe any damaged Roll-Out Cart or Recyclables Cart, the 947 Contractor shall report the address and description of the damaged Roll-Out Cart or Recyclables Cart to 948 Augusta through the onboard computer. If, in Augusta's judgment following inspection, the Contractor is 949 responsible for damaging a Roll-Out Cart or Recyclables Cart, the Contractor shall pay Augusta's fee to 950 cover the costs to repair or replace the damaged Roll-Out Cart or Recyclables Cart. Augusta will adjust 951 the payment of the Contractor's next monthly invoice in an amount equal to the cost of these repairs or 952 replacements. 953 954 From the Start Date, the Contractor will be given a waiver on Roll-Out Cart and Recyclables Cart 955 damages for a period of ninety (90) days. This time shall be used by the Contractor to identify any 956 current damages to Roll-Out and Recyclables Carts and afford Augusta time to make such repairs or 957 replacements. 958 959 5.4 Roll-Out and Recyclables Cart Placement 960 Contractor shall return Roll-Out and Recyclables Carts to their original location, or to a safe location, 961 taking special care not to create a hazard to the traveling public, not to block access to driveways or 962 mailboxes. The Roll-Out and Recyclables Carts shall be located a safe distance from either side of the 963 driveway to assure Customers are not impeded in entering their driveway. Roll-Out Carts and Recycling 964 Attachment number 8 \nPage 20 of 73 Item # 2 Page 21 of 73 Solid Waste & Recyclables Collection Augusta, GA Carts shall not be left in the gutter line of the street, but shall be placed behind the curb where curb and 965 gutter exist and off the road, on public right-of-way when no curb and gutter exist. When the Contractor 966 shall fail to meet these performance standards, the Contractor shall pay Augusta damages described 967 herein. 968 969 5.4.1 Due Care 970 The Contractor shall exercise all reasonable care and diligence to ensure that Roll-Out and 971 Recyclables Carts are not damaged by its collection vehicles while providing collection service. 972 973 5.4.2 Damages by Collection Vehicles, Actions, or eglect 974 The Contractor shall be responsible for any damage to or loss of Roll-Out or Recyclables Carts 975 resulting from misplacement (if hit by vehicle because they are placed too near to the travel lane), 976 mishandled (damaged by or falls into the Contractor's collection truck), abuse (slinging or 977 throwing) or crushed (either by the packing blade or automated arm). The Contractor shall 978 immediately notify Augusta of any damaged Roll-Out or Recyclables Carts caused by 979 Contractor's collection vehicles, action or neglect. 980 981 a. One hundred dollars ($100) for each offense starting at the eleventh (11) violation of 982 Sections 5.4, 5.4.1, and 5.4.2 during any one (1) calendar month; 983 984 b. An additional five thousand dollars ($5,000) for each month in which there are two 985 hundred (200) or more violations of Sections 5.4, 5.4.1, and 5.4.2 in any one (1) 986 calendar month. 987 988 5.4.3 Damages - Wheels 989 The Contractor shall be responsible for any damage to or loss of Roll-Out or Recyclables Carts 990 wheels. If, in Augusta's judgment, following inspection, the Contractor is responsible for 991 damaging a Roll-Out Cart or Recyclables Cart, the Contractor shall pay Augusta's fee to cover the 992 costs to repair or replace the damaged Roll-Out Cart or Recyclables Cart. 993 994 a. Twenty-five ($25) for each offense starting at the eleventh (11) violation of Sections 995 5.4.3. during any one (1) calendar month; 996 997 b. An additional five thousand dollars ($5,000) for each month in which there are two 998 hundred (200) or more violations of Sections 5.4.3 in any one (1) calendar month. 999 1000 1001 SECTIO 6 – EQUIPMET/FACILITIES 1002 6.1 Collection Vehicles 1003 1004 The Contractor shall provide and maintain during the Contract a fleet of collection vehicles sufficient in 1005 number and capacity to perform the services described in this Agreement. All vehicles shall be 1006 appropriately licensed with the State of Georgia in Richmond County and comply with all applicable 1007 federal, state, and local laws and regulations. 1008 1009 The Contractor shall provide and use only such equipment, material, and facilities as are capable of 1010 performing quality and timely services required by this Agreement. The fleet shall be sufficient to handle 1011 the special requirements of adverse weather, holiday and Masters overloads. The Contractor's collection 1012 vehicles shall be maintained by the Contractor, kept clean, neat, kept in good repair and working order. 1013 The Contractor shall furnish, at its sole expense, whatever backup or substitute equipment may be 1014 required to continue performance of the services. 1015 Attachment number 8 \nPage 21 of 73 Item # 2 Page 22 of 73 Solid Waste & Recyclables Collection Augusta, GA 1016 6.1.1 Vehicle Specifications 1017 a. All collection vehicles shall have enclosed bodies. 1018 1019 b. The Contractor may use new or used equipment so long as the equipment is capable 1020 of performing the required services in accordance with this Agreement. Collection 1021 equipment utilized in this Agreement shall not be more than three (3) years old at the 1022 Starting Date of this Agreement. In no event shall a vehicle operating under this 1023 Agreement exceed a maximum age of ten (10) years. 1024 1025 c. The noise level for collection vehicles during the stationary compaction process shall 1026 not exceed seventy-five (75) decibels at a distance of twenty-five (25) feet from the 1027 collection vehicle and at an elevation of five (5) feet from the ground elevation of 1028 such vehicle. 1029 1030 d. Prior to the Starting Date and then quarterly thereafter, the Contractor shall supply 1031 Augusta with a list of all equipment to be used in providing services and shall notify 1032 Augusta of additions or deletions as they occur. 1033 1034 e. The Contractor shall maintain a dedicated fleet solely for use to provide Augusta, 1035 Georgia collection services included in this Contract. With Augusta approval, and at 1036 the sole discretion of Augusta, vehicles used in the provision of services under this 1037 Agreement may be used for other purposes, provided that the Contractor has made a 1038 request in writing, and such request was approved by Augusta in writing. Any such 1039 use shall not interfere in any way with the Contractor's provision of services under 1040 this Agreement. Augusta reserves its right to revoke such authorization at any time 1041 for any reason. 1042 1043 f. The Contractor shall be responsible for arranging for tare weights with the 1044 Designated Disposal Facility and the Designated Recycling Facility for all collection 1045 vehicles prior to the Starting Date, and shall periodically, upon request from Augusta, 1046 arrange for updating tare weights. 1047 g. All vehicles collecting Roll-Out or Recyclables Carts shall have cart tippers/dumpers 1048 on the collection vehicles which are operational. All such tipper/dumpers shall be 1049 designed to empty carts pursuant to ANSI Z245.30-2008 and ANSI Z245.60-2008. 1050 Cart tippers/dumpers shall be operated at the original equipment manufacturers 1051 specifications. Cart tippers/dumpers which do not meet this requirement shall not be 1052 used. Augusta has the right to inspect and test cart tipper/dumpers. Should a cart 1053 tipper/dumper not pass inspection, the collection vehicle shall be removed from 1054 service until such time as the deficiency has been remedied. 1055 1056 If a cart tipper/dumper is used that does not meet the above specifications, the 1057 Contractor risks being responsible for additional damages to Roll-Out Carts and 1058 Recyclables Carts to include the cost of repair or replacement under Section 5.4. 1059 1060 h. All collections vehicles used to perform functions under this Contract shall be 1061 equipped with the following in complete and sound working order: 1062 1063 1. Progressive ambient noise back-up alarm. 1064 Attachment number 8 \nPage 22 of 73 Item # 2 Page 23 of 73 Solid Waste & Recyclables Collection Augusta, GA 2. Back-up camera with monitor visible from any driving position. 1065 3. A 10 pound fire extinguisher. 1066 4. A 25 person first aid kit. 1067 5. Minimum of three safety marking devices (flares, or reflective triangles). 1068 6. Rear-mounted strobe light(s) activated while collecting materials. 1069 7. A spill kit with a minimum size of 10 gallons to handle operational spills. 1070 8. Onboard computer hereinafter defined. 1071 i. All supervisors vehicles used to perform functions under the Contract shall be 1072 equipped with the following in complete and sound working order: 1073 1074 1. A 10 pound fire extinguisher. 1075 2. A 25 person first aid kit. 1076 3. Minimum of three safety marking devices (flares, or reflective triangles). 1077 4. A spill kit with a minimum size of 10 gallons to handle operational spills. 1078 5. Onboard computer hereinafter defined. 1079 j. All collection vehicles or personnel must be equipped with a communication device 1080 (i.e. cell phone or radio) which allows for immediate communication between the 1081 collection vehicle and a supervisor, and/or the Contractor’s office. 1082 k. All vehicles operated under the authority of this Contract shall be driven in 1083 compliance with Uniform Rules of the Road and Georgia State traffic laws and, 1084 where applicable, Augusta’s codes, ordinances, and rules. 1085 l. The Contractor shall make a reasonable effort to empty each collection vehicle at the 1086 end of each day. 1087 m. The Contractor is responsible for any and all fees associated with disposal permits, 1088 inspection fees, IFTA stickers, etc. These permits shall be timely obtained. 1089 n. Prior to the Starting Date, and annually thereafter, the Contractor shall have a D.O.T. 1090 inspection performed on all vehicles operating under this Contract by a competent 1091 third party firm to perform such inspections. Copies of said inspection shall be 1092 supplied to Augusta within 30 days of the inspection taking place. Should a vehicle 1093 not pass inspection, it shall be removed from service until such time as the deficiency 1094 has been remedied. 1095 o. Augusta shall have the right to inspect all vehicles used in performing this Contract. 1096 Augusta shall have the right to do random spot inspections as it deems reasonably 1097 necessary. Should a vehicle not pass inspection, it shall be removed from service 1098 until such time as the deficiency has been remedied. 1099 p. All vehicles operated under this Agreement, to include collection vehicles and 1100 supervisor’s vehicles, shall operate solely on Compressed Natural Gas (CNG). 1101 1. Vehicles operating on CNG shall be able to be filled at a minimum 1102 flow rate of six (6) diesel gallon equivalents (DGE) per minute. 1103 2. All vehicles operating on CNG shall be equipped with a 1000 scfm 1104 fill port for fast filling and it is recommended that they also have a 1105 5000 scfm fast fill port. 1106 3. All vehicles shall be equipped with Syntech-Fuelmaster Systems, 1107 AIMS II product which will communicate directly with the fueling 1108 island. 1109 6.2 Smart Vehicle Onboard Technology 1110 Attachment number 8 \nPage 23 of 73 Item # 2 Page 24 of 73 Solid Waste & Recyclables Collection Augusta, GA The Contractor shall purchase, install, and utilize on-board technologies on each of the collection vehicles 1111 and supervisor vehicles. This technology will be used to perform a variety of tasks which will provide 1112 necessary data and service validation both for Augusta and for our customers. 1113 1114 6.2.1 Fully Automated Service Verification 1115 The RFID technology shall be capable of reading Augusta’s RFID tags in each Roll-Out 1116 Cart and shall verify the accuracy of containers being serviced, including positively 1117 identifying which customers were not serviced and why; identify which containers were 1118 not out for collection; and which customers had extra materials for collection. It should 1119 also identify containers that have been moved, stolen, or relocated. All such actions 1120 should be captured by photograph attached to the customer and/or container. 1121 1122 6.2.2 Provide Detailed Route Sheets 1123 Driving directions to the next stop based on the route sheets, also allow the driver to 1124 choose the next stop manually when running the route out of sequence. When this 1125 occurs, the system shall recalculate the route. 1126 1127 6.2.3 On-Board Scale Technology 1128 Automatically record lift events and lift weights for Roll-Out carts and Recyclables Roll-1129 Out carts for each customer. 1130 1131 6.2.4 Roll-Out Carts 1132 Automate the delivery, damage, exchanges, returns, and removals of Roll-Out Carts for 1133 each customer. This function will be performed by Augusta, but the software should be 1134 capable of supporting cart data. 1135 1136 6.2.5 Hand-Held Devices 1137 A hand-held device which integrates with the on-board computer that will allow the 1138 driver and/or supervisor to collect information while outside of the vehicle. The hand-1139 held device shall have signature verification and RFID reader capabilities. 1140 1141 6.2.6 Global Positioning System 1142 All data gathering and tracking shall be geo-coded and provide real-time vehicle 1143 locations (within 2 minutes), route driver, and stops made. 1144 1145 6.2.7 Messaging 1146 Wireless communication to each vehicle while in the yard, en-route, or at the Designated 1147 Disposal facility, and real-time messaging between the driver and the back-office 1148 software. 1149 1150 6.2.8 Reporting 1151 A report center that allows the logging of time for breaks, customer stops, refueling, 1152 landfill, and others. This should also provide the recording of detailed events during 1153 accident situations, and the exact route each vehicle took any day. Reports should be 1154 customizable. 1155 6.3 Collection Vehicle Cleaning 1156 All collection vehicles must be kept clean, in sanitary condition, and good repair at all times. The 1157 Contractor shall ensure that all collection vehicles are washed as required to reduce possible odor, reduce 1158 vector problems and provide a positive image. 1159 1160 Attachment number 8 \nPage 24 of 73 Item # 2 Page 25 of 73 Solid Waste & Recyclables Collection Augusta, GA 6.4 Emergency Unloading 1161 1162 While Augusta recognizes that an occasional emergency such as a Hot Load may require unloading a 1163 collection vehicle in the field, the Contractor shall recollect this material within two (2) hours of the 1164 unloading. The Contractor shall notify Augusta immediately of such an event and shall take whatever 1165 measures are necessary to ensure that no fire danger exists. The area must be litter free after the re-1166 collection. The Contractor shall notify Augusta when the material has been collected; at which time 1167 Augusta may conduct a follow-up inspection to ensure that the cleanup has been completed to the 1168 satisfaction of Augusta. 1169 1170 6.4.1 Damages 1171 If the Contractor fails to collect the load and notify Augusta of such collection within two 1172 (2) hours, the Contractor shall pay Augusta in Damages one hundred dollars ($100) for 1173 each two- (2) hour period such load is not collected. If the material is not collected in a 1174 timely manner, Augusta may, in addition to assessing Damages for time delays, assess 1175 Damages of $2,000 to collect the load, and will invoice the Contractor the cost to repair 1176 any damage to Augusta's streets, sidewalks or other infrastructure as soon as Augusta can 1177 assess the costs of such damages to infrastructure. All repairs to Augusta property shall 1178 be completed by a licensed professional and in a means and matter approved by Augusta. 1179 1180 Augusta shall not be liable to Contractor for any damage to Contractor's collection 1181 vehicles or injury to Contractor's personnel, or any other damage or injury, as a result of a 1182 Hot Load. 1183 6.5 Vehicle Leaks & Spills 1184 Minimizing hydraulic fluid, oil leaks and spills on public or private streets and parking lots is a high 1185 priority for Augusta, Georgia. The Contractor shall maintain equipment in top mechanical condition, and 1186 the operator shall exercise vigilance in observing for leaks and spills that may develop during the 1187 collection day and take immediate corrective action to stop the leak or spill and call for cleanup of 1188 hydraulic fluid, oil, other vehicle fluids or other leaks or spills present upon the public or private streets or 1189 parking lots in accordance to the following standards. 1190 1191 6.5.1 Removal from Service/Spill Cleanup 1192 The Contractor’s vehicles shall be repaired or removed from service immediately if any spill or 1193 leak is a result of a mechanical problem, or poor seal(s). The Contractor shall be responsible for 1194 applying absorbent materials, clean up, and disposal in a manner which complies with all federal, 1195 state, and local laws and regulations, of all oil spills, hydraulic fluid or other leaks or spills 1196 associated with its provision of services. In the event of a spill or leak, the Contractor shall 1197 immediately notify Augusta and shall send a representative to the location of the incident. If the 1198 spill or leak is in a street location and/or is a public safety hazard, the Contractor shall also 1199 immediately request traffic control and any other required public safety personnel. Augusta and 1200 the Contractor will evaluate the spill or leak to determine proper handling. Augusta must approve 1201 the Contractor's recommended clean-up plan, which may require steam cleaning. The clean up 1202 must commence as soon as possible but no later than two (2) hours following the spill or leak. 1203 After application of absorbent materials is complete, the Contractor is responsible for removal of 1204 the absorbent material and/or cleaning of the street, if necessary. The Contractor shall notify 1205 Augusta when the cleanup is completed so that a follow-up inspection can be conducted to ensure 1206 that the cleanup has been completed to the satisfaction of Augusta. Any fluids associated with the 1207 spill or the cleanup shall be recovered for proper disposal and shall OT be released into the 1208 storm water system. 1209 1210 Attachment number 8 \nPage 25 of 73 Item # 2 Page 26 of 73 Solid Waste & Recyclables Collection Augusta, GA 6.5.2 Damages 1211 In the event the vehicle operator fails to remove the leaking vehicle from service or call for the 1212 on-call mechanic to make field repairs, and continues collecting the route spreading puddles of 1213 hydraulic fluid, oil, other vehicle fluids or other leaks or spills throughout the road system, the 1214 Contractor shall be subject to Damages in the amount of $3,000, plus the damages described 1215 below. 1216 a. In the event that Contractor does not clean up any spill or leak within the time 1217 specified above, the Contractor shall be subject to Damages in the amount of one 1218 thousand five hundred dollars ($1,500) for each such occurrence. The Contractor 1219 shall endeavor to prevent such occurrences by whatever means possible. 1220 1221 b. If the Contractor fails to initiate proactive measures necessary to reduce the 1222 frequency and severity of vehicle leaks or spills the Contractor shall, in addition to 1223 the Damages described above, be subject to the following Damages: 1224 (i) One thousand dollars ($1,000.00) for each leak or spill during any 1225 one- (1) month period in which there were three (3) or more leaks or 1226 spills; 1227 1228 6.6 Vehicle Identification and Presentation 1229 Each Contractor vehicle will be clearly identified with the Contractor name, a vehicle number, and a local 1230 telephone number that can be clearly read from a distance of 100 feet. 1231 1232 6.6.1 Marketing Campaign – Vehicles 1233 The Contractor shall provide trucks that have been wrapped in a marketing campaign that address 1234 the following issues. At a minimum, it shall include Augusta phone number and Augusta email 1235 and/or web site information. Wraps may need to be replaced from time to time, to ensure that 1236 their appearance is acceptable to Augusta. 1237 a. Recycling awareness and participation 1238 b. Waste reduction strategies 1239 c. Eco friendly solutions 1240 d. Composting 1241 e. CNG Benefits 1242 f. Others as approved 1243 1244 6.7 Facilities 1245 The Contractor shall operate a facility within Augusta, Georgia, and will license/tag all vehicles utilized 1246 by the Contractor in the performance of this Contract in Augusta. 1247 1248 SECTIO 7 - DISPOSAL AD PROCESSIG SITES 1249 7.1 Ownership of Solid Waste Materials 1250 The Contractor shall have ownership of solid waste from the time of collection until the materials are 1251 deposited at the Designated Disposal Facility or the Designated Recycling Facility. 1252 7.2 Designated Disposal and Recycling Facilities 1253 The Contractor shall be responsible for abiding by all rules and policies pertaining to the delivery of 1254 Residential Garbage, Yard Waste and Bulky Waste as directed by the Designated Disposal Facility, and 1255 delivery of Recyclables as directed by the Designated Recycling Facility. A copy of the current policies 1256 Attachment number 8 \nPage 26 of 73 Item # 2 Page 27 of 73 Solid Waste & Recyclables Collection Augusta, GA and procedures for the Designated Disposal Facility and Designated Recycling Facility will be provided 1257 to the Contractor by Augusta, and are subject to modification from time to time. 1258 1259 7.2.1 Designated Disposal Facility 1260 All Residential Garbage, Yard Waste and Bulky Waste shall be delivered to the Deans Bridge 1261 Road Landfill, located at 4330 Deans Bridge Road, Blythe, Georgia 30805. 1262 1263 Disposal of Residential Garbage, Yard Waste and Bulky Waste will be provided by Augusta at no 1264 charge to the Contractor for all materials delivered to the Designated Disposal Facility. 1265 1266 Mixing of non-contract solid waste is strictly prohibited, and will be considered a breach of 1267 contract. 1268 1269 7.2.2 Designated Recycling Facility 1270 All Recyclables shall be delivered to the transfer station located at 3946 Goshen Industrial Blvd, 1271 Augusta, Georgia, 30906 or other location as may be determined by Augusta from time to time. 1272 1273 Disposal of Recyclables will be provided by Augusta at no charge to the Contractor for all 1274 materials delivered to the Designated Recycling Facility. 1275 1276 7.2.3 Damages 1277 If the Contractor delivers Recyclables to the landfill, Damages in the amount of five hundred 1278 dollars ($500.00) per incident will be assessed. 1279 1280 7.3 on-Contract Waste 1281 1282 Beginning on the Effective Date, the Contractor servicing Designated Collection Area 1 has the right to 1283 bring Augusta non-contract waste collected, or under its control, where economically feasible, in the areas 1284 surrounding Richmond County. The Contractor shall pay Augusta the standard volume based disposal 1285 rates from 0-5000 tons per month. The Contractor shall pay Augusta $17.00 dollars per ton on the 5001-1286 10,000 tons per month. After that the standard volume based disposal rates shall apply. 1287 1288 a. The tons being charged at the reduced rate will factor into the standard volume based rates 1289 tonnages. 1290 1291 b. Augusta shall be entitled to the same CPI Adjustment as afforded the Contractor in Section 12.3. 1292 All the same general conditions of adjustment shall apply with the exception that Augusta does 1293 not have to provide notice as required under Section 12.3.1 (b). 1294 1295 7.4 Additional on-Contract Waste 1296 The Contractor, with Augusta’s prior approval, may market Augusta’s landfill in an effort to generate 1297 additional revenues for both the Contractor and Augusta. Negotiated disposal pricing must be approved 1298 by the Environmental Services Director and Augusta’s Administrator. 1299 1300 SECTIO 8 – MEDIA AD CAPITAL COSTS 1301 1302 8.1 Media Design and Distribution 1303 Between the Effective Date and the Start Date, the Contractor shall provide a Media Design and 1304 Distribution firm capable of designing, distributing, and producing the following items. The estimated 1305 expense per Designated Collection Area awarded is $75,000.00. The schedule of such services shall be 1306 coordinated with Augusta to insure a timely implementation. 1307 Attachment number 8 \nPage 27 of 73 Item # 2 Page 28 of 73 Solid Waste & Recyclables Collection Augusta, GA 1308 8.1.1 Internet Site 1309 This shall include the acquiring and hosting of the domain name “augustasolidwaste.com”. The 1310 website shall be interactive and capable of providing fill-able forms, customer service 1311 information, and educational items, at a minimum. The content will be coordinated, specified, 1312 and approved by Augusta. Said domain name will be transferred to free and clear to Augusta at 1313 the termination of this Agreement. 1314 1315 8.1.2 Truck Media 1316 The Media firm will design, produce, and install various vehicle media and wraps as approved by 1317 Augusta. The Contractor shall bear all costs for the production and installation of media items on 1318 their collection vehicles. All vehicles shall state that they are fueled by CNG”. See Section 6.6.1 1319 for details. 1320 1321 8.1.3 Pamphlets, Handouts, Advertising, Public Service Announcements 1322 The Media firm will be capable of designing pamphlets, handouts, large advertising pieces (such 1323 as newspaper advertisements and billboards), as well as Public Service Announcements at the 1324 direction and approval of Augusta. 1325 1326 8.1.4 Other Media 1327 Augusta may utilize the funds for other media which may include newspaper advertisement, 1328 billboards, or other forms of advertisement or public relations as Augusta deems appropriate. 1329 1330 8.1.5 Annual Media 1331 The Contractor will provide additional funds in the amount of $50,000 per year per Designated 1332 Collection Area for updates to the media items, as well as additional media items as Augusta 1333 deems appropriate. 1334 1335 8.2 Capital Costs 1336 Between the Effective Date and the Start Date, the Contractor shall provide the following items per 1337 Designated Collection Area awarded. 1338 1339 8.2.1 Roll-Out Carts 1340 The Contractor awarded Designated Collection Area One (1) and Designated Collection Area 1341 Two (2) shall each provide: 1342 1. 8,000 96-gallon Cascade Engineering Roll-Out Carts to Augusta. Such Roll-Out Carts 1343 will be the same specification as Augusta currently owns. These Roll-Out Carts shall 1344 include in their cost, the RFID Chip, and Assembly and Delivery. These shall be 1345 provided prior to the Start Date. 1346 2. 1,000 96-gallon Cascade Engineering Recyclables Carts. Such Recyclables Carts will be 1347 the same specification as Augusta currently owns. Those Recyclables Carts shall include 1348 in their cost, the RFID Chip, In-mold recycling label and delivery to Augusta’s Solid 1349 Waste Facility. These shall be provided prior to the Start Date. 1350 3. At a mutually agreeable time, 2,000 96-gallon Cascade Engineering Roll-Out Carts to 1351 Augusta. Such Roll-Out Carts will be the same specification as Augusta currently owns. 1352 These Roll-Out Carts shall include in their cost, the RFID Chip and delivery to Augusta’s 1353 Solid Waste facility. 1354 4. At a mutually agreeable time, 2,500 96-gallon Cascade Engineering Recyclables Carts. 1355 Such Recyclables Carts will be the same specification as Augusta currently owns. Those 1356 Attachment number 8 \nPage 28 of 73 Item # 2 Page 29 of 73 Solid Waste & Recyclables Collection Augusta, GA Recyclables Carts shall include in their cost, the RFID Chip, In-mold recycling label and 1357 delivery to Augusta’s Solid Waste Facility. 1358 1359 The Contractor awarded Designated Collection Area Three (3) shall provide, prior to the Start 1360 Date, spare parts from Cascade Engineering. This shall include 30 pallets of wheels and axles, as 1361 well as 200 bars, and 200 Recyclables Cart lids. All items will be of a size and type to match the 1362 existing Augusta inventory. 1363 1364 8.2.2 Management Software 1365 A one-time fee of $100,000 for software licensing, set up, and integration will be provided at the 1366 inception of the contract per Designated Collection Area. Each contract year thereafter, $50,000 1367 will be provided for ongoing licenses, technology support, and programming per Designated 1368 Collection Area. 1369 1370 8.2.3 Hand-Held Solutions 1371 Three portable Windows CE-based hand-held devices will be provided to Augusta for their use in 1372 support and management of this Contract per Designated Collection Area. The devices will be 1373 capable of integrating with the on-board vehicle units and will be equipped with RFID readers, 1374 signature capture, and the ability to enter data. This shall include the cost of any monthly access 1375 or service fees. 1376 1377 8.2.4 CG Station 1378 The Contractor awarded Designated Collection Area One (1) and Designated Collection Area 1379 Two (2) shall design and build a CNG station for the use under this Agreement. Such station 1380 shall be designed with Augusta’s input. For Designated Collection Area One (1), a one-time fee 1381 of $2,650,000.00, for Designated Collection Area Two (2), a one-time fee of $2,650,000.00, for 1382 the development of CNG and LFG infrastructure, at an Augusta identified location and 1383 constructed by a mutually-agreed upon contractor. The CNG stations shall be operational by 1384 January 18, 2013, and on or before that date, the title to such property, equipment and 1385 improvements shall be transferred to Augusta, free and clear. Specifications for the construction 1386 of the station shall be provided once the Contract is awarded. 1387 1388 8.2.5 Additional CG Infrastructure 1389 The Contractor awarded Designated Collection Area Two (2) and Designated Collection Area 1390 Three (3) shall provide an additional $2,650,000.00 for Augusta’s use. Such funds shall be paid 1391 in the fifty fourth (54) month of the Agreement. 1392 8.3 Annual Survey 1393 An annual customer satisfaction survey that will be administered by a professional survey company 1394 selected by Augusta and paid for by the Contractor. This survey will target areas where service problems 1395 or poor participation are observed, and for the purpose of this Contract is valued at $15,000.00 per 1396 Designated Collection Area. 1397 Augusta will evaluate the results of the survey in conjunction with the profile of the key performance 1398 measures to determine the overall performance of the Contractor. Augusta will review the results of the 1399 Monthly Performance Summary with the Contractor on at least a quarterly basis and the Contractor 1400 agrees to implement measures as necessary to improve areas identified as requiring improvement. The 1401 Contractor recognizes that these results will be compiled by Augusta and may be presented internally or 1402 publically. 1403 1404 Attachment number 8 \nPage 29 of 73 Item # 2 Page 30 of 73 Solid Waste & Recyclables Collection Augusta, GA Contractor acknowledges that its performance relative to the Monthly Performance Summary shall not be 1405 construed to mean that the Contractor is meeting its performance obligations as required by this 1406 Agreement. Should the Contractor not comply with any other material provision of this Agreement, 1407 Augusta may declare the Contractor in default notwithstanding its performance levels relative to the 1408 Monthly Performance Summary. 1409 1410 8.4 Unused Funds 1411 Any unused funds from the activities in this Section shall be credited to Augusta on the final statement of 1412 each year. 1413 1414 SECTIO 9 - CUSTOMER SERVICE 1415 1416 9.1 Requests for Service 1417 Augusta's Customer Care Center is responsible for receiving Customer inquiries, Requests for Service, 1418 and complaints related to service in the Service Area. Upon receipt of a call requiring follow-up by the 1419 Contractor, the Customer Care Center will prepare a Request for Service form and send such forms 1420 electronically to both the Contractor and the Environmental Services Department representative 1421 responsible for monitoring the Contractor's services under this Contract. The Contractor shall provide a 1422 computer system that is in compliance with Section 9.3 below. In the event that the Contractor receives 1423 any telephone calls from Customers, other than in response to follow-up property damage calls as 1424 described in Section 10.3, the Contractor shall refer such calls to Augusta. 1425 1426 9.1.1 Receipt of Requests for Service 1427 Once a Request for Service has been sent by Augusta, it shall be considered as received by the 1428 Contractor, therefore the Contractor shall ensure that its system for receipt of Requests for 1429 Service is operational at all times and monitored, at a minimum, at all times during the office 1430 hours set forth in Section 10.1 and any other time as necessary for the Contractor to comply with 1431 the requirements of this Agreement. 1432 1433 9.1.2 Completion of Service Request 1434 The Contractor shall notify Augusta, through its response to the Request for Service, of the 1435 Contractor's actions taken in response to the Request for Service including the date and time the 1436 request was completed. 1437 1438 9.1.3 Monthly Reports 1439 Augusta shall keep a record of the total number of Requests for Service received related to the 1440 Service Area by the Contractor under this Agreement. These records will be transmitted to the 1441 Contractor monthly. 1442 9.2 Customer Service 1443 The Contractor shall be responsible for responding to Customer requests for information that may be 1444 received by its employees in the course of providing services. To assist the Contractor in providing such 1445 information, Augusta will supply the Contractor with literature regarding Augusta services and the 1446 Contractor shall ensure that such literature is available at all times in all collection vehicles for use by its 1447 equipment operators. All literature used by the Contractor for this purpose must either be supplied by or 1448 approved by Augusta prior to use. 1449 9.3 Computer Hardware and Software Requirements 1450 The Contractor shall provide network access with sufficient bandwidth and speed to transfer data in a 1451 timely manner between the Customer Care Center and the Contractor's operation center in a manner 1452 Attachment number 8 \nPage 30 of 73 Item # 2 Page 31 of 73 Solid Waste & Recyclables Collection Augusta, GA acceptable to Augusta. The Contractor's computer system shall be capable of running in a Windows 1453 environment and at an appropriate version of Windows to be compatible with Augusta’s software. 1454 1455 9.3.1 Software Requirements 1456 The Contractor shall acquire and operate at least one stand-alone license for Insight of the 1457 appropriate release to support the customer service software. The customer service software 1458 (Insight) and data shall remain the sole property of Augusta. 1459 1460 Augusta shall provide a customer service software capable of tracking complaints by street 1461 address. The data collected shall include route number, scheduled day of pickup, type of 1462 complaint, date, time, method of resolution, and related comments such as special conditions or 1463 services provided at the location. The ability to maintain a historical record of complaints and 1464 activities at this address, to transmit work orders, and to prepare daily or monthly reports sorted 1465 by day of week, address, street or neighborhood, and the ability to transmit data to remote 1466 locations are also required. 1467 1468 Augusta shall be responsible for all data integrity including routine system maintenance, backups, 1469 and data recovery. The Contractor shall be responsible for system maintenance includes 1470 troubleshooting at the Contractor's facility. 1471 1472 System availability will be a minimum of 12 hours per day, 5 days per week as defined by 1473 Augusta. 1474 1475 The Contractor shall provide a firewall between their facilities and Augusta facilities acceptable 1476 to Augusta for the protection and integrity of Augusta's network. 1477 1478 SECTIO 10 - PERSOEL AD SAFETY 1479 10.1 Contact with Contractor 1480 1481 10.1.1 Contractor Facility 1482 Throughout the Contract Term, the Contractor shall establish and maintain a local facility 1483 capable of receiving Requests for Service electronically and by telephone, and to dispatch 1484 appropriate trucks and personnel to respond to Request for Service or to respond to service 1485 complaints such as Littering, property damage, or Vehicle Leaks and Spills within the time 1486 limits established in this Agreement. 1487 1488 The contractor facility should be of sufficient size and type to house all vehicles used under 1489 this contract, maintenance and cleaning for all vehicles operated under this contract, an office 1490 of sufficient size for contractor staff, and storage space for equipment as needed. 1491 1492 10.1.2 District Manager 1493 All Contractor personnel shall be directed by a District Manager permanently stationed 1494 within Augusta. The Contractor shall furnish Augusta the name of the District Manager prior 1495 to the Starting Date and shall notify Augusta immediately if the District Manager is changed 1496 at any time. The Contractor's District Manager shall serve as the contact person for dealings 1497 and communications with the Contractor. A request to the Contractor's representative shall 1498 always constitute a request to the Contractor. 1499 1500 10.1.3 Office Hours and Contact Personnel 1501 Attachment number 8 \nPage 31 of 73 Item # 2 Page 32 of 73 Solid Waste & Recyclables Collection Augusta, GA A responsible person in charge shall be present at the Contractor's local office during the 1502 time period of 8:00 a.m. to 5:15 p.m. Monday through Friday, and on Saturday when 1503 collection is scheduled, with the authority to make decisions relevant to operations under this 1504 Agreement. 1505 1506 Route supervisors will be accessible by telephone between the hours from 6:30 a.m. to 8:00 1507 p.m. on all days when collection operations are in progress. The names and phone numbers 1508 of emergency representatives shall be given to Augusta prior to the Starting Date, and shall 1509 be updated as soon as any changes are made. Contractor's emergency representative shall be 1510 responsible for responding to any Requests for Service from Augusta on non-collection days 1511 and evenings, as described in this Agreement. If Friday is a scheduled collection day, misses 1512 will be collected on Saturday. 1513 1514 10.1.4 Augusta Contact Persons 1515 Augusta will designate a contact person for operational issues and a contact person for 1516 Agreement administration issues. It is, however, recognized that daily operational 1517 communications will occur at all levels of staff. To the extent that these communications 1518 facilitate job performance, they are encouraged. 1519 1520 10.1.5 Communication Devices 1521 The Contractor shall provide, at the Contractor's cost, sufficient communicating devices to 1522 facilitate good two-way communication between Contractor personnel, Augusta Customer 1523 Care Center, and Augusta Environmental Services Department supervisory staff and support 1524 personnel. 1525 10.2 Employees: Character of Workers 1526 All employees, subcontractors, superintendents, foremen, and workers employed by the Contractor shall 1527 be competent and careful workers, skilled in their respective trades. The Contractor shall not employ any 1528 person who repeatedly engages in misconduct or is incompetent or negligent in the due and proper 1529 performance of his or her duties under this Agreement. The Contractor shall furnish such supervision, 1530 labor, and equipment as is considered necessary for the fulfillment of the services in an acceptable 1531 manner at a satisfactory rate of progress. 1532 1533 10.2.1 Drug-Free Work Place 1534 The Contractor shall prohibit the use of intoxicating and/or illegal substances by its employees, 1535 subcontractors, superintendents, foremen, and workers while on duty or in the course of 1536 performing their duties under this Agreement. Records of any such substance testing will be 1537 provided to Augusta upon written request. 1538 1539 10.2.2 Uniforms 1540 The Contractor's employees, subcontractors, superintendents, foremen, and workers shall be 1541 required to wear a clean uniform bearing the Contractor's name. The uniform shall meet an ANSI 1542 class II standard for reflectivity and visibility. Employees, who normally and regularly come into 1543 direct contact with the public, including drivers, shall bear some means of individual 1544 identification such as a nametag or identification card. 1545 1546 10.2.3 Driver Credentials 1547 Employees driving the Contractor's vehicles shall at all times possess and carry a valid 1548 Commercial Driver's License issued by the State of Georgia or South Carolina for the class 1549 appropriate to the weight of the vehicle being driven. Augusta reserves the right to require the 1550 Attachment number 8 \nPage 32 of 73 Item # 2 Page 33 of 73 Solid Waste & Recyclables Collection Augusta, GA Contractor to provide proof of compliance with federal laws regarding Commercial Driver's 1551 Licenses, specifically information regarding drug testing. 1552 1553 10.2.4 Contract Employees 1554 The Contractor's employees, officers, agents, and subcontractors shall, at no time, be allowed to 1555 identify themselves or in any way represent themselves as being employees of Augusta. 1556 1557 10.2.5 Removal of Contractor Employee 1558 Augusta shall have the sole right to require the removal and replacement of a Contractor’s or 1559 subcontractor’s employee working under this Contract. Augusta shall exercise such a right by 1560 providing written notice to the Contractor. 1561 1562 Contractor will replace any personnel who separate from the Contractors employment with equivalently 1563 qualified persons. The Contractor will replace such personnel as soon as reasonably possible. 1564 10.3 Property Damage/Accidents 1565 10.3.1 Property Damage 1566 As between Augusta and the Contractor, the Contractor shall retain full responsibility for all 1567 claims of damage to private property caused by the negligence or willful misconduct of the 1568 Contractor. In the event of any property damage caused by the Contractor, the Contractor shall: 1569 a. Immediately notify Augusta Customer Care Center and Environmental Services 1570 Department by telephone. 1571 b. Leave a notice at the time of the damage at the Residential Unit, Designated Non-1572 Residential Location, Unoccupied Location or the location where the damage occurred, 1573 informing the Customer of the damage and the telephone number of the Contractor to call for 1574 follow-up. 1575 c. Provide a written explanation to Augusta of the circumstances, results of any 1576 investigation, and disposition of the claim. 1577 d. Notify the Customer within ten (10) working days in writing of the disposition of the 1578 claim and provide a copy to Augusta. If the Contractor assumes responsibility for the 1579 damages, the notification shall include a date by which remedial action will be completed. 1580 e. The Contractor shall refer all calls regarding reporting of property damage to Augusta 1581 and Augusta will forward such claims to the Contractor in the form of a Request for Service. 1582 f. Should repair be required, the Contractor shall provide appropriately licensed personnel 1583 to complete the repair. 1584 1585 10.3.2 Claims Resolution 1586 The Contractor shall use its best efforts to promptly and expeditiously resolve claims. In the 1587 event that the Contractor denies responsibility for damages and the Customer pursues a remedy, 1588 Augusta may investigate. If Augusta believes that the Contractor is responsible and the 1589 Contractor continues to deny responsibility, Augusta may pursue, and the Contractor shall be 1590 obligated to the dispute settlement procedures as described in Section 20.16. 1591 1592 10.3.3 Damages 1593 If the Contractor does not notify Augusta of damages, the Contractor shall pay damages in the 1594 amount of $2,000.00 for each occurrence. 1595 1596 10.3.4 Accidents 1597 The Contractor shall immediately notify by telephone Augusta Customer Care Center and the 1598 Environmental Services Department of all vehicular accidents in which there is serious personal 1599 Attachment number 8 \nPage 33 of 73 Item # 2 Page 34 of 73 Solid Waste & Recyclables Collection Augusta, GA injury or a fatality. The Contractor shall notify Augusta Customer Care Center and the 1600 Environmental Services Department of all other accidents in a timely manner. 1601 1602 10.4 Care and Diligence/Littering 1603 1604 The Contractor shall exercise all reasonable care and diligence in collecting Residential Garbage, 1605 Recyclables, Yard Waste and Bulky Waste. Collection service shall be accomplished in a manner, which 1606 contributes to a litter-free environment. Every effort must be made to prevent spilling, scattering, 1607 dropping, or littering of Residential Garbage, Recyclables, Yard Waste and Bulky Waste during the 1608 collection process and during transit to and from the Designated Disposal Facility, or Designated 1609 Recycling Facility. However, in the event that Residential Garbage, Recyclables, Yard Waste, or Bulky 1610 Waste are spilled, scattered, dropped, or littered, the Contractor's equipment operator shall immediately 1611 clean up the material, place it in the Roll-Out or Recyclables Cart, and collect the Cart contents. If any 1612 litter escapes from Contractor's collection vehicles on any roadways, the Contractor's equipment operator 1613 must immediately collect such litter. In the event that Contractor does not immediately collect such litter, 1614 the Contractor shall be subject to Damages in the amount of two hundred and fifty dollars ($250.00) for 1615 each such occurrence. The Contractor shall endeavor to prevent such occurrences by whatever means 1616 possible. 1617 1618 The Contractor acknowledges that streets and alleys frequently include multiple utility features. 1619 Therefore, particular attention shall be given to the location of water meters, transformers, guy wires, 1620 utility poles, irrigation sprinkler heads and other private property features. Authorization to use the street 1621 or alley does not abrogate the Contractor's responsibility to exercise caution in relationship to the property 1622 of other authorized users. 1623 1624 10.4.1 Damages 1625 As stated above, in the event that Contractor does not immediately collect such litter, the 1626 Contractor shall be subject to Damages in the amount of two hundred and fifty dollars 1627 ($250.00) for each such occurrence. 1628 1629 10.5 Operator Awareness Training 1630 The Contractor shall be responsible for maintaining levels of operator participation regarding correct 1631 collection of Residential Garbage, Recyclables, Yard Waste and Bulky Waste; additional Carts; holiday 1632 collection, safe driving and operations, as well as all other contract provisions. 1633 1634 The Contractor shall be responsible for ongoing training of existing and new employees. 1635 1636 10.6 Communication Plan 1637 Within 30-days of approval of this Contract and by January 1 and July 1 of each year the Contract 1638 remains in effect, the Contractor shall submit a written Communication Plan to Augusta for review and 1639 approval. The Communication Plan shall identify key operations and administrative personnel and 1640 include the contacts’ name, title, primary area of responsibility, immediate supervisor including his/her 1641 office, home and cellular telephone number, pager number and email addresses for work day and after 1642 hour contact. The Communication Plan and/or contact names shall be updated as changes are made, but in 1643 no event less than semi-annually. The Communication Plan shall be included as an Appendix to this 1644 Contract once completed and approved by Augusta. 1645 1646 SECTIO 11 - REPORTIG REQUIREMETS 1647 1648 11.1 Daily Communication/Reports 1649 Attachment number 8 \nPage 34 of 73 Item # 2 Page 35 of 73 Solid Waste & Recyclables Collection Augusta, GA In addition to communications requirements described throughout this Contract, the Contractor shall be 1650 responsible for providing, at a minimum, the following information and reports to Augusta on a daily 1651 basis: 1652 1653 1. Listing of missed collections, or other problems remaining unresolved from the previous 1654 day and how they will effect today's operations. 1655 2. Listing of all confirmed, collected locations. 1656 3. Listing of all locations which were not collected which could include locations which 1657 were not out or available for service, services which were blocked, routes which did not get 1658 completed, or non-collected Solid Waste due to contract limits being exceeded. 1659 4. Responses to Requests for Service. 1660 5. Production data to include fuel usage, hours, and mileage. 1661 6. Roll-Out and Recyclables Cart repair needs identified by the Contractor. 1662 7. Street or alley repair needs identified by the Contractor. 1663 8. Other information as requested by Augusta. 1664 1665 The information listed above shall be submitted in a format approved by Augusta. 1666 1667 Augusta and the Contractor shall meet on a monthly basis, or as often as deemed necessary by Augusta, to 1668 review and discuss any operational issues, Contractor's performance, and any other issues pertaining to 1669 services provided under this Agreement. 1670 1671 11.2 Monthly Reports 1672 The Contractor shall submit monthly reports via an electronic format acceptable to Augusta during the 1673 Contract Term commencing one (1) month after Contractor commences services. These reports shall be 1674 due by the 20th day of the month following the month for which the services were performed. Augusta 1675 may withhold up to twenty-five percent (25%) of the latest monthly invoice until all items required in the 1676 report are submitted to Augusta. Augusta will pay the balance of the invoice after the required items are 1677 provided. At a minimum, the monthly report shall include: 1678 1. Deliver a trends report on the utilization and weights of the Recyclables collection 1679 program. 1680 2. Deliver a trends report on the utilization and weights of the Yard Waste collection 1681 program. 1682 3. Summary description of any property damage, including status and/or final 1683 disposition. 1684 4. A narrative description of any significant operational issues during the month. 1685 5. Required forms relating to section 11.6 of the Agreement. 1686 6. Other information as requested by Augusta. 1687 1688 11.3 Record Keeping, Accounting, and Auditing 1689 The Contractor shall keep and maintain complete and detailed records including, but not limited to the 1690 following: 1691 1. Records that provide the basis for the reports required under Section 12 including all matters 1692 affecting amounts payable by or to Augusta or the Contractor, 1693 2. Policies for required insurance, policy amendments, and all other related insurance 1694 documents, 1695 3. Accounting records and vouchers evidencing all costs, receipts, payments, and any other 1696 matter of accounting associated with the Contractor's performance in accordance with generally 1697 accepted accounting principles and 1698 Attachment number 8 \nPage 35 of 73 Item # 2 Page 36 of 73 Solid Waste & Recyclables Collection Augusta, GA 4. Copies of bond documents for both payment and performance bonds. 1699 1700 11.3.1 Auditing 1701 The Contractor's books, records, and accounts shall accurately, fairly, and in reasonable detail 1702 reflect all Contractor's dealings and transactions, and shall contain sufficient data to enable those 1703 dealings and transactions to be audited in accordance with generally accepted governmental 1704 accounting and auditing standards. 1705 1706 Augusta, or its audit representative, shall have the right at any reasonable time to inspect, copy, 1707 and audit records relating to the services accounting records, vouchers, and their source 1708 documents which serve as the basis for costs, receipts, and payments. The said records shall be 1709 available for Augusta's inspection and audit for a period of three (3) years following the 1710 termination of this Agreement, and any extension of this Agreement and for such further periods 1711 as may be necessary to resolve any matters which may be pending at that time or any longer 1712 period required by applicable law. The Contractor shall make available at Contractor's Augusta 1713 offices any such records to Augusta upon request. 1714 1715 11.3.2 Financial Condition 1716 The Contractor shall immediately notify Augusta should it become apparent that the Contractor 1717 is unable to pay its debts as they become due and payable or if there is an adverse change in the 1718 Contractor's financial condition. The Contractor shall, upon Augusta's request, provide to 1719 Augusta the Contractor's most recent audited financial statements or un-audited statements if the 1720 audited statements are not then available. 1721 11.4 Reliability of Reports 1722 The Contractor represents that all information the Contractor has provided or will provide to Augusta is 1723 true and correct and can be relied upon by Augusta. Any material false or misleading information or 1724 omission shall be just cause for Augusta to terminate this Agreement and/or pursue any other appropriate 1725 remedy. 1726 11.5 Observation and Inspection 1727 1728 Augusta, its representatives, and invitees shall have the right to observe and inspect operations at all 1729 times, provided it is conducted in such a manner so as to minimize interference with the Contractor's 1730 performance and operations. The inspection may review operating records for the current and previous 1731 contract years, and may consist of an inspection of the physical areas of operations and equipment with 1732 emphasis on contract compliance, safety and hazard mitigation. 1733 1734 Augusta, at its own expense, may at any commercially reasonable time inspect any and all records 1735 relating to the services performed to verify that the services are being performed in accordance with this 1736 Agreement. 1737 1738 Augusta's inspections shall not relieve the Contractor of any of its obligations herein or impose any 1739 liability upon Augusta. 1740 11.6 Local Small Business Language 1741 In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractor expressly agrees to collect and 1742 maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small 1743 Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements 1744 of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance 1745 with AUGUSTA, GA. CODE § 1-10-129(d)(7), for all contracts where a local small business goal has been 1746 Attachment number 8 \nPage 36 of 73 Item # 2 Page 37 of 73 Solid Waste & Recyclables Collection Augusta, GA established, the contractor is required to provide local small business utilization reports. Contractor shall 1747 report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall 1748 provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, 1749 Georgia. Such documents shall be in the format specified by the Director of minority and small business 1750 opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide 1751 such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to 1752 exercise any of the remedies set forth, including but not limited to, withholding payment from the 1753 contractor and/or collecting liquidated damages. 1754 1755 Contractor has agreed to a Local Small Business goal of twenty-five percent (25%). In accordance with 1756 Augusta, GA. Code § 1-10-129(d)(7), Contractor will submit local small business utilization reports and 1757 any additionally required information as provided for in Appendix F 1758 1759 SECTIO 12 - COMPESATIO 1760 1761 12.1 Basis and Method of Payment 1762 The Contractor shall offer the services described herein at the following rates beginning at the 1763 commencement of the Contract Term: 1764 1765 Advanced Disposal Inland Services Residential Unit Residential Unit Garbage - Once per week Garbage - Once per week Recyclables - Once per week Recyclables - Once per week Yard Waste - Once per week Yard Waste - Once per week Bulky Waste - Once per week Bulky Waste - Once per week Rate per unit per month: Rate per unit per month: DCA 1: $ 13.68 DCA 2/3 $ 13.75 Recycling Perks $ 0.35 Recycling Perks $ 0.35 Designated on-Residential Location Designated on-Residential Location Garbage - Once per week Garbage - Once per week Recyclables - Once per week Recyclables - Once per week Rate per unit per month: Rate per unit per month: DCA 1: $ 9.00 DCA 2/3 $ 9.74 Recycling Perks $ 0.35 Recycling Perks $ 0.35 Unoccupied Location Unoccupied Location Yard Waste - Once per week Yard Waste - Once per week Bulky Waste - Once per week Bulky Waste - Once per week Rate per unit per month: Rate per unit per month: DCA 1: $ 0.00 DCA 2/3 $ 4.54 Extra Cart Fee: $ 8.50 Extra Cart Fee: $ 6.31 1766 1767 The listed unit price shall be adjusted annually for inflation beginning January 2015 in accordance with 1768 Section 12.3. 1769 1770 Attachment number 8 \nPage 37 of 73 Item # 2 Page 38 of 73 Solid Waste & Recyclables Collection Augusta, GA 12.2 umber of Collection Points 1771 Augusta shall pay the Contractor monthly for all services rendered as defined by this Contract. Payment 1772 shall be based on the actual number of Residential Units, Designated Non-Residential Location(s) and 1773 Unoccupied Locations serviced as well as additional services as allowed by this Contract. Adjustments in 1774 the Residential Unit count, Designated Non-Residential Location count and Unoccupied Location(s) 1775 count shall be made each month. A unit shall be considered billable if the Residential Unit, Designated 1776 Non-Residential Location or Unoccupied Location had been receiving services for the majority of the 1777 month. After services have been rendered, a Residential Unit, Designated Non-Residential Location or 1778 Unoccupied Location will be removed from billing if services were not rendered for the majority of the 1779 month. 1780 1781 12.3 Inflation Factor - CPI Adjustment 1782 The Contractor shall be entitled to seventy percent (70%) of the actual percentage change in the CPI (as 1783 hereinafter defined). 1784 1785 The “CPI”. Means the Consumer Price Index for All Urban Consumers (“CPI-U”), Atlanta, Georgia – 1786 Atlanta, Georgia, All Items, 1982-1984 equals 100, published by the United States Department of Labor, 1787 Bureau of Labor Statistics (“BLS”), or its successor. If BLS designates an index with a nes title or code 1788 number or table number as being the continuation of the index cited above, the new index will be used, or 1789 if no new index is designated, the most nearly compatible index shall be used. 1790 1791 12.3.1 General Conditions for Adjustments 1792 1793 a. The CPI Index percentage change will be determined from January 1st to December 31st 1794 of the previous year, with an implementation of any adjustment being made on January 1795 1st, and every January 1st thereafter with the first adjustment starting in January of 2015. 1796 1797 b. The Contractor must notify Augusta in writing by April 30th of each year beginning in 1798 April of 2014, of the percentage of any rate adjustment as well as the new rates to be 1799 implemented as allowed under this section. If timely notice is not received by Augusta, 1800 no increase will be allowed for that year. 1801 1802 c. Should the CPI Index show a decrease, Augusta will automatically be entitled to a 1803 reduced cost up to the allowable limits as defined hereinafter. 1804 1805 d. In any event, the adjustment will be limited to a maximum increase or decrease of four 1806 percent (4%) annually. 1807 12.4 Payment Reduction for Damages 1808 1809 Damage charges will be monitored monthly and reviewed with the Contractor each month. Augusta will 1810 deduct any damages owed Augusta from the next payment owed to the Contractor. If the contract is not 1811 extended or renewed in accordance with the contract conditions, Augusta will deduct any remaining 1812 damages owed Augusta from the last payment. However, in no event is Augusta prohibited from taking 1813 actions to collect any unpaid amount owed to Augusta. 1814 1815 12.5 Fuel 1816 Augusta shall provide CNG for use by the Contractors performing under this Agreement. The 1817 Contractors shall pay Augusta $4.00 per Diesel Gallon Equivalent (DGE) for vehicles operated under this 1818 Agreement. Augusta will provide monthly fuel usage to the Contractor and the cost of fuel will be 1819 Attachment number 8 \nPage 38 of 73 Item # 2 Page 39 of 73 Solid Waste & Recyclables Collection Augusta, GA credited to Augusta on the Contractor’s monthly invoice. For non-contract vehicles operating on CNG 1820 (those not operating under this Agreement), Augusta may negotiate a CNG fuel price separate from this 1821 Agreement. 1822 12.5.1 Augusta shall be entitled to the same CPI adjustment as afforded the Contractor in 12.3. 1823 All of the same general conditions of adjustments shall apply with the exception that 1824 Augusta does not have to provide notice as required under 12.3.1 (b). 1825 12.5.2 The first price adjustment shall not go into effect until January 2015. 1826 12.5.3 In any event, the adjustment will be limited to a maximum increase or decrease of four 1827 percent (4%) annually. 1828 12.5.4 Should the Contractor not receive an Adjustment, Augusta reserves the right to adjust the 1829 price of fuel. 1830 1831 1832 1833 SECTIO 13 - ISURACE AD PERFORMACE SURETY 1834 13.1 Coverages 1835 The Contractor shall at all times during the Agreement maintain in full force and effect General Liability 1836 and Workmen's Compensation Insurance. All insurance shall be by insurers reasonably acceptable to 1837 Augusta and be in full force and effect before commencement of work. 1838 13.2 Insurance Limits 1839 For the purpose of the Agreement, the Contractor shall carry the following types of insurance in at least 1840 the limits specified below: 1841 1842 Coverages Limits of Liability Workers’ Compensation Statutory Employer’s Liability $500,000 each accident limit $500,000 Disease Policy Limit $500,000 Each Employee Limit Contractors and lessees shall be responsible for workers’ compensation insurance for subcontractors or sub lessees who directly or indirectly provide services or lease premise under the Augusta, Georgia’s contract. General Liability $2,000,000 per accident $2,000,000 aggregate Excess Umbrella Policy $2,000,000 per accident Pollution Liability Insurance Automobile Bodily Injury and Property Damage Liability $1,000,000 per claims made basis. The Contractor needs to warrant any retroactive date applicable to coverage under the policy precedes the effective date of the contract. $1,000,000 per accident 1843 Attachment number 8 \nPage 39 of 73 Item # 2 Page 40 of 73 Solid Waste & Recyclables Collection Augusta, GA As an alternative to the above, the Contractor may insure the above public liability and property 1844 coverages under a plan of self-insurance. The Contractor’s parent corporation may provide the required 1845 coverages to certify that their program is funded to actuarial projected losses. 1846 13.3 Certificate of Insurance 1847 a. The Contractor agrees to furnish Augusta certificates of insurance or other evidence 1848 satisfactory to Augusta to the effect that such insurance has been procured and is in force. 1849 The certificates shall contain the following express obligations: 1850 1851 "This is to certify that the policies of insurance described herein have 1852 been issued to the named insured for which this certificate is executed 1853 and are in force at this time. In the event of cancellation of a policy 1854 affecting the certificate holder, thirty (30) days prior written notice will 1855 be given to the certificate holder." 1856 1857 b. It is agreed that the Contractor will be responsible for notifying Augusta of any material 1858 change in a policy. 1859 1860 c. The certificates shall also include Augusta as an additional insured. 1861 13.4 Special Requirements 1862 The following special conditions shall apply to the insurance coverage: 1863 a. Augusta is to be included as an additional insured on both the commercial general liability 1864 and business auto liability policies. The Contractor providing the automobile liability coverage 1865 must include all vehicles owned, leased, hired, non-owned, and the employee non-owned 1866 vehicles Personal Injury Protection (when applicable). 1867 b. Commercial General Liability. The Commercial General Liability required coverage is 1868 ISO CG0001 or a substitute form providing equivalent coverage. Coverage must include: 1869 · Premises and Operations 1870 · Personal Injury/Advertising Liability 1871 · Products/ Completed Operations 1872 · Liability assumed under an Insured Contract (including tort liability of another assumed 1873 in a business contract) 1874 · Independent Contractors 1875 c. Pollution Liability. Contractors shall provide pollution liability coverage to cover bodily 1876 injury; property damage, (including natural resource damage), cleanup costs, removal, storage, 1877 disposal, and or use of the pollutant; and defense, including costs and expenses incurred in the 1878 investigation, defense, or settlement of claims. Coverage shall apply to the sudden and gradual 1879 pollution conditions resulting from the escape of smoke vapors, fumes, acids, alkalis, toxic 1880 chemicals, liquids, or gases, natural gases, waste materials, or other irritants, contaminants or 1881 pollutants (including asbestos). The Contractor needs to warrant any retroactive date applicable 1882 to coverage under the policy precedes the effective date of the contract 1883 1884 d. Current, valid insurance policies meeting the requirements herein identified shall be 1885 maintained during the Contract Term. Renewal certificates shall be sent to Augusta 30 days prior 1886 to an expiration date. There shall also be a 30-day notification to Augusta in the event of 1887 cancellation, modification of coverage, or reduction of aggregate limits below those required in 1888 Attachment number 8 \nPage 40 of 73 Item # 2 Page 41 of 73 Solid Waste & Recyclables Collection Augusta, GA Section 13.2. Certificates of insurance meeting the required insurance provisions shall be 1889 forwarded to Augusta. Wording on the certificate that states that no liability shall be 1890 imposed upon the company for failure to provide such notice is not acceptable. 1891 1892 e. It is agreed that the Contractor will be responsible for notifying Augusta of any material 1893 changes in a policy. 1894 1895 f. It shall be the Contractor's responsibility to ensure that all subcontractors comply with the 1896 same insurance requirements that the Contractor is required to meet. 1897 1898 g. All Certificates of Insurances shall be furnished on an ACORD form or equivalent as require 1899 by this contract. The certificates for each insurance policy are to be signed by a person 1900 authorized by that insurer to bind coverage on its behalf. 1901 13.5 Surety 1902 1903 13.5.1 Performance Bond 1904 A performance bond and payment bond will be provided to Augusta prior of the execution of this 1905 Contract, the Contractor shall provide Augusta with a surety bond from a company rated A or better 1906 by A.M Best's Rating Service in an amount equal to 100% of the Contract’s value. With each 1907 submittal of a bond, the Contractor shall furnish a current copy of the A.M Best’s rating for the 1908 surety company providing the bonds. 1909 1910 For the first year, assume that Designated Collection Area 1 has 30,701, Designated Collection Area 1911 2 has 24,056 and Designated Collection Area 3 has 13,007 Residential Units. For each awarded 1912 Designated Collection area, take the number of assumed Residential Units and multiply by the 1913 Residential Unit rate in this Contract. 1914 1915 For each subsequent year, use the amount of the prior year’s actual payments received from January 1916 1st through December 31st to establish the surety amount, in a form acceptable to Augusta, to ensure 1917 the performance of the Contractor. Updated bonds shall be received by Augusta no later than January 1918 31, for each subsequent year of the contract. The form and amount of this surety bond shall be 1919 reviewed annually and updated as may be required by Augusta upon 30 days written notice to the 1920 Contractor. 1921 1922 1923 1924 SECTIO 14 - REPRESETATIOS AD WARRATIES 1925 1926 14.1 Representations and Warranties 1927 The Contractor represents and warranties satisfactory performance in accordance with this Contract as 1928 well as: 1929 a. Organization and Qualification. The Contractor is duly incorporated or otherwise legally 1930 organized and, validly existing and in good standing under the laws of the State of Georgia, 1931 and has all requisite power and authority to enter into and perform its obligations under this 1932 Contract. 1933 1934 b. Authority. 1935 1936 Attachment number 8 \nPage 41 of 73 Item # 2 Page 42 of 73 Solid Waste & Recyclables Collection Augusta, GA 1. The Contractor has the authority to execute this Contract, to make the representations and 1937 warranties set forth in it and is appropriately skilled, organized and financially able to 1938 perform the obligations of Contractor under this Contract in accordance with its terms. 1939 1940 2. This Contract has been validly executed by the authorized representatives of the Contractor 1941 and constitutes a legally binding, enforceable obligation of Contractor. 1942 1943 c. Government Authorizations and Consents. The Contractor has or will obtain prior to the 1944 Effective Date such licenses, permits, and other authorizations from federal, state, and other 1945 governmental authorities, as are necessary for the performance of its obligations under this 1946 Contract. 1947 1948 d. Compliance with Laws. The Contractor is not in violation of any applicable law, ordinance 1949 or regulation, the consequence of which will or may materially affect Contractor’s ability to 1950 perform its obligations under this Contract. The Contractor is not subject to any order or 1951 judgment of any court, tribunal, or governmental agency which could materially and 1952 adversely affects its operations or assets in the State of Georgia, or its ability to perform its 1953 obligations under this Contract. 1954 1955 e. Accuracy of Information. None of the representations or warranties in this Contract and none 1956 of the documents, statements, certificates or schedules furnished or to be furnished by 1957 Contractor pursuant hereto or in connection with the performance of the obligations 1958 contemplated under this Contract, contains or will contain any untrue statement of a material 1959 fact or omits or will omit to state a material fact necessary to make the statements of fact 1960 contained therein not misleading. 1961 1962 f. Independent Examination. In accepting these responsibilities, the Contractor represents and 1963 affirms that it has made its own examination of all conditions, facilities, and properties 1964 affecting the performance of this Contract and of the quantity and expense of labor, 1965 equipment, materials needed, and of applicable taxes permits and laws. The Contractor 1966 affirms that within the Designated Collection Area, it is aware of the present placement of 1967 Roll-Out Carts and Recyclables Carts at the curb, alley, or Carry-Out Collection locations, 1968 and the present location of Carry-Out Collection customers. The Contractor represents and 1969 warranties that it is capable of continuing to collect Roll-Out Carts and Recyclable Carts from 1970 their present locations. 1971 1972 SECTIO 15 - IDEMITY 1973 1974 15.1 Indemnity 1975 The Contractor(s) shall defend, indemnify and save harmless Augusta and Augusta’s officers, employees 1976 and agents from any and every claim and risk, and from all losses, damages, demands, suits, judgments 1977 and attorney fees, and other expenses of any kind (collectively “losses”) arising out of this Contract or the 1978 performance thereof; including but not limited to any personal injury, or death of any and all persons 1979 (including but not limited to the Contractor, its agents, employees, subcontractors and their successors 1980 and assignees, as well as Augusta or Augusta’s agents and all third parties); and including any property 1981 damage of any kind, whether tangible or intangible, including loss of use resulting there from, in 1982 connection with or related to the negligent or willful act(s) or omissions of the Contractor or its 1983 subcontractor which were caused in whole or in part by the Contractor or its subcontractor while 1984 performing work under this Contract, or in connection with or related to (in whole or in part by reason of) 1985 the presence of the Contractor or its subcontractors or their property, employees or agents, upon or in 1986 Attachment number 8 \nPage 42 of 73 Item # 2 Page 43 of 73 Solid Waste & Recyclables Collection Augusta, GA proximity to the property of Augusta or any other property (upon which the Contractor is performing any 1987 work called for), except only those losses resulting solely from the negligence of Augusta. 1988 1989 SECTIO 16 - DEFAULT AD TERMIATIO 1990 1991 16.1 Default and Termination 1992 This section is independent, notwithstanding any other provisions of this Contract. The Contractor may 1993 be held in default of the Contract in the event the Contractor: 1994 1995 a. Fails to perform ninety percent (90%) of the collections required by this Contract and 1996 appears, to Augusta, to have abandoned the work, or to be unable to resume collections 1997 within forty-eight (48) hours. 1998 1999 b. Has failed on any occasion of two (2) consecutive working days, in any year, or ten (10) 2000 days in a calendar year to perform the collections required by the Contract. 2001 2002 c. Mixes Contract materials with materials collected from outside this Contract. 2003 2004 d. Fails to furnish and maintain a Performance and/or Payment Bond per Section 13. 2005 2006 e. Fails to furnish and maintain the Insurance requirements per Section 13. 2007 2008 f. Fails to be granted and/or receive prior written approval of a change of control or other 2009 provision as defined in Sections 20.3 and 20.4. 2010 2011 g. Fails to perform any material obligation of the Contractor under the terms of this 2012 Contract, and continuance of such failure after receiving written notice by Augusta 2013 specifying such failure, and Contractor’s failure to cure the default or immediately 2014 initiate and diligently pursue reasonable action to cure such non-performance within the 2015 thirty (30) day period. 2016 2017 To initiate proceedings under this Section, Augusta shall give notice to the Contractor and its 2018 surety. Within 7 days, Contractor may demand a hearing at which the Contractor may show 2019 cause as to why it should not be declared in default or why it should be given the opportunity 2020 to cure said default. In the event the Contractor fails to show cause, to the reasonable 2021 satisfaction of Augusta, why the Contractor should not be declared to be in default of this 2022 Contract, Augusta may make a declaration of default. In evaluating whether to make such a 2023 declaration of default, Augusta may, in its sole discretion, consider the severity of the alleged 2024 violations, and the overall performance of the Contractor under the Contract. 2025 2026 In declaring the Contractor to have defaulted on the Contract, Augusta also may order the 2027 Contractor to discontinue further performance of work under the Contract and transfer the 2028 obligation to perform such work from the Contractor to the surety on the Contractor’s 2029 performance bond and take any other action it deems advisable. 2030 2031 Under receipt of a notice that the work has been transferred to the surety without termination 2032 of the Contract, the surety shall take possession of all materials and equipment described in 2033 the most recent inventory submitted to Augusta, for the purpose of completing the work 2034 under the Contract, employ, by the Contract or otherwise, any person and/or all persons 2035 needed to perform the work; and provide materials and equipment required therefore. Such 2036 Attachment number 8 \nPage 43 of 73 Item # 2 Page 44 of 73 Solid Waste & Recyclables Collection Augusta, GA employment shall not relieve the surety of its obligations under the Contract of bond. If there 2037 is a transfer to the surety, payments shall be made to the surety or its agent for all work 2038 performed under the Contract subsequent to such transfer, in amounts equal to those that 2039 would have been made to the Contractor had it performed in the manner and to the extent of 2040 the surety’s performance, and the Contractor shall have no claim upon the same. 2041 2042 In the event the surety on the Contractor’s performance bond fails to assume or continue 2043 performance within two (2) days after its receipt of notice that the work has been transferred 2044 to such surety, the Contractor shall be deemed to have leased, subleased, or otherwise license 2045 Augusta to use all, or whatever portion is desired by Augusta, of the materials and equipment 2046 described on the most recent inventory submitted to Augusta pursuant to Section 6 hereof, for 2047 collection (and processing) purposes for a period of up to one (1) year following the date of 2048 the declaration of default by Augusta without requiring Augusta to execute any other 2049 document whatsoever to accomplish such lease, sublease, or license and without requiring 2050 Augusta to post any bond, pledge, deposit or other security for such equipment and materials, 2051 but upon the condition that Augusta pay for the equipment and materials actually used for 2052 such collection, a market rental that is no greater than (i) the monthly lease, in the event such 2053 property is leased by the Contractor, (ii) the periodic installment, in the event such property is 2054 being acquired under a purchase Contract, (iii) the periodic financing interest and principal, in 2055 the event such property is being acquired under a purchase Contract, or (iv) the financing 2056 arrangement; provided, that under no circumstances shall Augusta be liable during its use of 2057 such property for any arrearages, balloon payment, accrued interest, accelerated charges in 2058 the event of a default, or other extraordinary payment; nor shall the satisfaction thereof be a 2059 condition of Augusta’s interim use of such property; provided, further, that such lease, sub-2060 lease, or license shall be suspended the date the surety on the Contractor’s bond or its agent 2061 accepts the transfer of work under the Contract. 2062 2063 In the event Augusta secures the performance of work under the Contract at a lesser cost than 2064 would have been payable to the Contractor had the Contractor performed the same, then 2065 Augusta shall retain such difference; but in the event such cost to Augusta is greater, the 2066 Contractor and its surety shall be liable for and pay the amount of such excess to Augusta. 2067 2068 All payments due the Contractor at the time of default, less amounts due Augusta from the 2069 Contractor, shall be applied by Augusta against damages suffered and expense incurred by 2070 Augusta to reason of such default, any excess shall be paid to the Contractor unless otherwise 2071 provided herein. 2072 2073 Notwithstanding the provisions of this Section, a delay or interruption in the performance of 2074 all or any part of the Contract resulting from causes beyond the Contractor’s control, as 2075 defined in section 20.28, shall not be deemed to be a default and the rights and remedies of 2076 Augusta provided for herein shall be inapplicable; provided that all labor disputes as defined 2077 in section 20.28 hereof shall not be considered a cause beyond the Contractor’s control as 2078 defined in section 20.28. 2079 2080 Augusta shall have the unilateral right to order in writing a temporary stopping of the work, 2081 or delaying performance that does not alter the scope, of the contract. 2082 2083 Augusta shall have the unilateral right to terminate this Contract in whole or in part for the 2084 convenience of Augusta, Georgia; provided however, 2085 2086 a. For the Contractor servicing Designated Collection Area 1, in the event that Augusta 2087 Attachment number 8 \nPage 44 of 73 Item # 2 Page 45 of 73 Solid Waste & Recyclables Collection Augusta, GA elects to terminate this Agreement, Augusta agrees to pay all costs associated with the 2088 CNG infrastructure at one hundred and five percent (105%) of the then outstanding 2089 amount owed on the CNG infrastructure. The amount shall be calculated by dividing the 2090 total amount of money spent on the CNG infrastructure pursuant to Section 8.2.4, divided 2091 by 107 (months of the agreement) and multiplied by the remaining full months of the 2092 then terminated agreement. 2093 2094 b. For the Contractor servicing Designated Collection Area Two (2) and Designated 2095 Collection Area Three (3), in the event that Augusta elects to terminate the Agreement in 2096 the first 53 months of the agreement, Augusta agrees to pay all costs associated with the 2097 initial CNG infrastructure expense at one hundred and five percent (105%) of the then 2098 outstanding amount owed on the CNG infrastructure. The amount shall be calculated by 2099 dividing the total amount of money spent on the CNG infrastructure pursuant to Section 2100 8.2.4, divided by 53 and multiplied by the remaining full months through the 53 month. 2101 2102 c. For the Contractor servicing Designated Collection Area Two (2) and Designated 2103 Collection Area Three (3), in the event that Augusta elects to terminate the Agreement in 2104 the last 54 months of the agreement, Augusta agrees to pay all costs associated with the 2105 second CNG expense at one hundred and five percent (105%) of the then outstanding 2106 amount owed on the CNG infrastructure. The amount shall be calculated by dividing the 2107 total amount of money spent on the CNG infrastructure pursuant to Section 8.2.5, divided 2108 by 54 and multiplied by the remaining full months of the then terminated agreement. 2109 2110 d. In the event that Augusta terminates this contract for convenience, Augusta shall pay 2111 Contractor three months straight line depreciation on the collection vehicles operated 2112 under this agreement. A month of straight line depreciation shall be defined as the 2113 amount of money paid for the collection vehicles operating under this Agreement divided 2114 by 107 months. 2115 2116 SECTIO 17 – COMMITMET OF EQUIPMET 2117 2118 1. Unless a replacement or substitute is provided, all vehicles, facilities, equipment and property 2119 identified in the Contractor’s inventory under Section 6 for use in the performance of this 2120 Contract (called “such property”) shall be available for use in collecting Refuse, Garbage, 2121 Yard Waste, Recyclables, White Goods, and Bulky Waste. When provided, this Section 2122 applies to the replacement and substitute. 2123 2124 2. For the duration of this Contract, any document (including a lease to or by the Contractor, 2125 financing Contract, acquisition over time, mortgage, or other instrument establishing a 2126 security interest) that encumbers or limits the Contractor’s interest in such property shall: 2127 2128 a. Allow the surety on the Contractor’s performance bond to take over the Contractor’s 2129 obligations and to continue the use of the equipment in service for performance of the 2130 Contract; 2131 2132 b. Allow Augusta to take over the Contractor’s obligations and to continue the use of the 2133 equipment in service for performance of the Contract; 2134 2135 c. Exempt Augusta from liability during its usage of such property for arrearages, balloon 2136 payments, accrued interest, accelerated charges on account of a default, or other 2137 Attachment number 8 \nPage 45 of 73 Item # 2 Page 46 of 73 Solid Waste & Recyclables Collection Augusta, GA extraordinary payments, and not make satisfaction thereof a condition of Augusta’s 2138 interim usage; and 2139 2140 d. Forbare any foreclosure, trustee’s sale or other dispossession of the Contractor’s interest 2141 in such property without giving both Augusta and surety on the Contractor’s performance 2142 bond sixty (60) days prior notice, and then make any termination of the Contractor’s 2143 interest in such property pursuant to such action or the enforcement thereof subject to the 2144 requirement of Subsections a, b, and c of this section. 2145 2146 3. To assure compliance with this Section, the Contractor shall submit to Augusta for review 2147 and approval or disapproval prior to execution all contracts, leases, or other documents for 2148 acquisition of, or encumbering or limiting the Contractor’s interest in, such property or for 2149 replacements thereof and any proposed agreement that would encumber or transfer any 2150 interest of the Contractor in such property before the Contractor’s execution of such 2151 agreement. Augusta’s approval shall not be unreasonably withheld. 2152 2153 SECTIO 18 - AFFIRMATIVE ACTIO AD O-DISCRIMIAT IO SERVICE 2154 2155 The Contractor shall not discriminate against any employee or applicant for employment because of race, 2156 religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, 2157 or the presence of any sensory, mental, or physical handicap, unless based upon a bonafide occupational 2158 qualification. The Contractor will take affirmative action to ensure that applicants are employed, and that 2159 employees are treated during employment, without regard to their of race, religion, creed, color, sex, 2160 marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any 2161 sensory, mental, or physical handicap. Such action shall include, but not be limited to the following: 2162 employment, upgrading, promotion, demotion, transfer, recruitment or recruitment advertising, layoff or 2163 termination, rates of pay or other forms of compensation, and selection for training, including 2164 apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and 2165 applicants for employment, notices are provided, setting forth the provisions of this non-discrimination 2166 clause. 2167 2168 The Contractor will not discriminate against any Customer or Augusta resident in the provision of service 2169 or quality of service on account of race, religion, creed, color, sex, marital status, sexual orientation, 2170 political ideology, ancestry, national origin, or the presence of any sensory, mental, or physical handicap, 2171 unless based upon a bona fide qualification to or for service. The Contractor shall provide the same good 2172 quality service throughout Augusta without regard to racial, ethnic, or cultural characteristics or relative 2173 standard of living of the neighborhood. 2174 2175 SECTIO 19 – DRUG AD ALCOHOL FREE WORKPLACE 2176 2177 19.1 Drug and Alcohol Free Workplace 2178 Augusta is a drug-free workplace employer. The Contractor hereby certifies that it has or it will within 2179 thirty (30) days prior to the Start Date of the Contract: 2180 2181 a. Notify employees that the unlawful manufacture, distribution, dispensation, possession, or 2182 use of alcohol or a controlled substance is prohibited in the workplace and specifying actions 2183 that will be taken for violations of such prohibition; 2184 2185 b. Establish an alcohol and drug-free awareness program to inform employees about (i) the 2186 dangers of alcohol and drug abuse in the workplace, (ii) the Contractor’s policy of 2187 maintaining an alcohol and drug-free workplace, (iii) any available alcohol and drug 2188 Attachment number 8 \nPage 46 of 73 Item # 2 Page 47 of 73 Solid Waste & Recyclables Collection Augusta, GA counseling, rehabilitation, and employee assistance programs, and (iv) the penalties that may 2189 be imposed upon employees for alcohol and drug abuse violations; 2190 2191 c. Notify each employee that as a condition of employment, the employee will (i) abide by the 2192 terms of the prohibition outlined above, and (ii) notify the Contractor of any alcohol or drug 2193 statute conviction for a violation occurring in the workplace, or that could affect the 2194 employees ability to perform their job, not later that five (5) days after such conviction; 2195 2196 d. Impose a sanction on, or requiring the satisfactory participation in an alcohol or drug 2197 counseling, rehabilitation or abuse program by, an employee convicted of an alcohol or drug 2198 crime; 2199 2200 e. Make a good faith effort to continue to maintain an alcohol and drug-free workplace for 2201 employees; and require any party to which it subcontracts any portion of the work under the 2202 Contract to comply with the above provisions. 2203 2204 f. A false certification or the failure to comply with the above alcohol and drug-free workplace 2205 requirements during the performance of the Contract shall be grounds for suspension, 2206 termination or debarment. 2207 2208 g. The foregoing provisions will be inserted in all subcontracts for work covered by this 2209 Contract. 2210 2211 SECTIO 20 - GEERAL PROVISIOS 2212 20.1 Taxes 2213 The Contractor shall promptly pay all taxes and license fees required by Augusta and by the State of 2214 Georgia. 2215 20.2 Permits 2216 The Contractor shall obtain all licenses and permits (other than the license and permit granted by the 2217 Agreement) required by Augusta, by the State of Georgia, or by the federal government. 2218 20.3 on-Assignment; Subcontracting; Delegation of Dutie s 2219 Except for the subcontracting identified in the Contractor’s proposal, the Contractor shall not assign or 2220 subcontract or transfer any of the work or delegate any of its duties under the Contract without the prior 2221 written approval of Augusta, which approval may be withheld in Augusta’s sole discretion. 2222 Notwithstanding the foregoing, Augusta’s approval shall not unreasonably be withheld if the Contractor 2223 proposes to assign or transfer this Contract to an affiliate of the Contractor or to Contractor’s parent 2224 corporation, provided that Contractor can establish to the reasonable satisfaction of Augusta that (i) the 2225 assignee or transferee will operate the Contract in substantially the same manner as the Contractor, will 2226 use substantially the same management and collection personnel as Contractor, and possesses 2227 substantially the same financial capabilities as Contractor and (ii) the assignee or transferee is not 2228 affiliated in any way with the company that has a Contract for collection with Augusta for any portion of 2229 Augusta outside the Contractors current Designated Collection Area. 2230 2231 In the event of an assignment, subcontract, or delegation of duties, the Contractor shall remain responsible 2232 for the full and faithful performance of the Contract and the assignee, subcontractor, or other obligor shall 2233 also become responsible to Augusta for the satisfactory performance of the work assumed. Augusta may 2234 Attachment number 8 \nPage 47 of 73 Item # 2 Page 48 of 73 Solid Waste & Recyclables Collection Augusta, GA condition its approval upon the delivery by the assignee, subcontractor or other obligor of its covenant to 2235 Augusta to fully and faithfully complete the work or responsibility undertaken. 2236 2237 During the term of this Contract, the Contractor shall not have an ownership interest in any other 2238 company that has a Contract for residential collection with Augusta. 2239 2240 Should a Contractor sub-contract work under this contract, a sub-contract contract/agreement shall be 2241 generated in writing. This agreement shall at a minimum include the area to be serviced, the price that the 2242 sub-contractor shall be paid, and the required sections under this contract that flow through to a sub-2243 contractor. A copy of said agreement(s) shall be provided to Augusta within fourteen (14) days of 2244 execution. 2245 2246 20.4 Change in Control 2247 In the event of a change in “Control” of the Contractor (as defined below), Augusta shall terminate the 2248 Contract for default unless Augusta has granted prior written approval. Such approval shall be at the sole 2249 discretion of Augusta. Any approval by Augusta for transfer of ownership or control shall be contingent 2250 upon the perspective controlling party becoming a signatory to the Contract and otherwise complying 2251 with the terms of the Contract. The Contractor shall notify Augusta within ten (10) days after it becomes 2252 aware that a change in Control will occur. As used in the Contract, the term “Control” shall mean the 2253 possession, direct or indirect of either; 2254 2255 a. The ownership of or ability to direct the voting of, as the case may be fifty one (51%) or 2256 more of the equity interest, value or voting power of the Contractor; or 2257 2258 b. The power to direct or cause the direction of the management and policies of the 2259 Contractor whether through the ownership of voting securities, by Contract or otherwise. 2260 20.5 Laws and Regulations 2261 The Contractor shall conduct operations under this Agreement in compliance with all applicable laws, 2262 rules or standards. These shall include OSHA, EPA, EPD, Federal Highway Safety, as well as state and 2263 local rules, regulations, and practices. 2264 20.6 Governing Law; Forum; Venue 2265 The terms, conditions and provisions in the Request for Proposal may supplement the Contract between 2266 Augusta and the Contractor. The order of precedence will be the Contract, the RFP, the winning 2267 proposer’s response and general law. This Agreement shall be governed under the laws of the State of 2268 Georgia. The appropriate forum for judicial interpretation of this Agreement and the sole venue for legal 2269 actions concerning this Contract shall be the Superior Courts of Richmond County Georgia. 2270 20.7 o Other Parties to Benefit 2271 This Agreement is for the benefit of the parties hereto and does not enlarge any party's liability to any 2272 third party. The provisions of this Agreement shall not be construed to create a higher standard of safety 2273 or care in any evidentiary sense with respect to third party claims. 2274 20.8 Appropriation of Funds 2275 This Agreement, and Augusta’s payment obligation for succeeding fiscal periods shall be subject to the 2276 budget process, availability and appropriation of funds. In the event that Augusta does not appropriate 2277 funds, said agreement shall terminate as required by statute. 2278 20.9 Headings 2279 Attachment number 8 \nPage 48 of 73 Item # 2 Page 49 of 73 Solid Waste & Recyclables Collection Augusta, GA The headings of the paragraphs and subparagraphs shall not be interpreted as a limitation upon the 2280 language contained therein. 2281 20.10 Severability 2282 Should any term, provision, condition, or other portion of this Contract or its application be held to be 2283 inoperative, invalid, or unenforceable, and the remainder of the Contract still fulfills its purposes, the 2284 remainder of this Contract or its application in other circumstances shall not be affected thereby and shall 2285 continue in force and effect. 2286 20.11 Indulgences ot Waivers 2287 A waiver of any breach of any provision of the Agreement shall not constitute or operate as a waiver of 2288 any breach of such provision or any other provision, nor shall any failure to enforce any provision hereof 2289 operate as a waiver of such provision. 2290 20.12 Modifications and Waiver 2291 The parties must mutually agree upon any changes in the Agreement and must be incorporated by written 2292 amendments to the Agreement. The Augusta Administrator or their designee shall have the authority to 2293 amend the Agreement on behalf of Augusta. 2294 2295 This Agreement constitutes the entire agreement of the parties regarding the subject matter hereof and 2296 may be amended or modified only by a written agreement signed by both parties. 2297 20.13 Independent Contractor 2298 The Contractor and Augusta agree that the Contractor is an independent contractor and not an employee 2299 nor agent of Augusta. The Contractor shall have exclusive control of and the exclusive right to control the 2300 details of the services and work performed, and such action does not create a partnership, agency, joint 2301 venture or other similar relationship between Augusta and the Contractor. 2302 2303 The Contractor agrees that it will not represent to anyone that its relationship with Augusta is other than 2304 that of an independent contractor, and Augusta and the Contractor may so inform any parties with whom 2305 they deal and may take any other responsible steps to carry out the intent of this section. The Contractor 2306 shall be fully and solely responsible for its own acts and omissions and those of its employees, officers, 2307 agents, and subcontractors. 2308 2309 20.14 otices 2310 Any notice required herein shall be given by certified mail to: 2311 2312 For Augusta: 2313 2314 Fred Russell 2315 Administrator 2316 530 Greene Street, Room 802 2317 Augusta, Georgia 30901 2318 2319 2320 Mark Johnson 2321 Director of Solid Waste 2322 Augusta, Georgia 2323 4330 Deans Bridge Road 2324 Blythe, GA 30805 2325 Attachment number 8 \nPage 49 of 73 Item # 2 Page 50 of 73 Solid Waste & Recyclables Collection Augusta, GA Telephone: 706-592-3201 2326 2327 2328 Lori Videtto 2329 Deputy Director of Solid Waste 2330 Augusta, Georgia 2331 4330 Deans Bridge Road 2332 Blythe, GA 30805 2333 Telephone: 706-592-3206 2334 2335 For the Contractor: 2336 Name 2337 Title 2338 Address 2339 County, State Zip 2340 Telephone: 2341 Fax: 2342 2343 20.15 Exclusive Agreement 2344 The Contractor is granted an exclusive Agreement to provide Garbage, Recyclables, Yard Waste and 2345 Bulky Waste collection services, as described herein, within the Designated Service Area. Augusta 2346 intends to Contract ONLY with the Contractor for routine collection services as described herein. In the 2347 event of an emergency declared by the appropriate governmental authorities, an event of Force Majeure 2348 or breach of this Agreement by the Contractor, Augusta may provide alternative collection services. 2349 20.16 Dispute Settlement 2350 Any claim, dispute, or other matter concerning the performance of the Contractor shall initially be 2351 referred to the Environmental Services Director in writing, for a decision. Such decision shall be 2352 rendered within thirty (30) days in writing, following the final presentation by the Contractor of evidence 2353 or argument relative to such claim, dispute, or matter. The decision of the Director may be appealed to 2354 Augusta’s Administrator or his designee, in writing, within fifteen (15) days from the date of the 2355 Director's decision. Augusta’s Administrator must render a written decision to the Contractor within thirty 2356 (30) days from the date of the appeal. The decision of the Administrator shall be subject to formal 2357 mediation between the parties. The cost of mediation shall be shared equally by the parties. If mediation 2358 is not successful, either party may bring an action in a court of appropriate venue. In the event of any 2359 litigation between the parties, each party shall pay their own attorney fees and despite who is the 2360 prevailing party, neither party shall be entitled to reimbursement of attorney's fees in any litigation 2361 between the parties. 2362 20.17 Augusta ot Liable for Delays 2363 It is further expressly agreed that in no event shall Augusta be liable for or responsible to the Contractor 2364 for or because of any stoppages or delay in the work herein provided for by injunction or other legal or 2365 equitable proceedings or due to any delay for any cause over which Augusta has insufficient control to 2366 cause a different result. 2367 2368 20.18 Contractor Will ot Sell or Disclose Data 2369 The Contractor will treat as confidential information, all data in connection with the Contract. Augusta 2370 data processed by the Contractor shall remain the exclusive property of Augusta. The Contractor will not 2371 Attachment number 8 \nPage 50 of 73 Item # 2 Page 51 of 73 Solid Waste & Recyclables Collection Augusta, GA reproduce, copy, duplicate, disclose or in any way treat the data supplied by Augusta in any manner 2372 except as contemplated by this Contract. 2373 2374 20.19 o Publicity 2375 No advertising, sales promotion or other materials of the Contractor or its agents or representatives may 2376 be distributed to Customers without prior written approval of Augusta. The Contractor, its agents or 2377 representatives shall not reference this Contract or Augusta in any manner without the prior written 2378 consent of Augusta. 2379 2380 20.20 Contract Rights 2381 2382 1. The parties reserve the right to amend this Contract from time to time by mutual agreement in 2383 writing. 2384 2385 2. Rights under this contract are cumulative, and in addition to rights existing at common law. 2386 2387 3. Payment by Augusta and performance by the contractor do not waive their Contractual rights. 2388 2389 4. Failure by either party on any occasion to exercise a Contractual right shall not forfeit or 2390 waive the right to exercise the right of another occasion. The use of one remedy does not 2391 exclude or waive the right to use another. 2392 2393 20.21 Open Records Act 2394 2395 Contractor acknowledges that Augusta records including this Contract are subject to Georgia’s Open 2396 Records Act. 2397 2398 20.22 Interpretation 2399 2400 1. This Contract shall be interpreted as a whole and to carry out its purpose. This Contract is an 2401 integrated document and contains all the promises of the parties; no earlier oral 2402 understandings modify its provisions. 2403 2404 2. Captions are for convenient reference only. A caption does not limit the scope or add 2405 commentary to the text. 2406 2407 20.23 Law; Venue 2408 2409 The laws of the State of Georgia shall govern the validity, construction and effect of this Contract. The 2410 venue for any claims, litigation or causes of action between the parties shall be in the Superior Court of 2411 Richmond County, Georgia. 2412 2413 20.24 Discretionary Waiver of Right to a Jury Trial 2414 2415 The Contractor and Augusta may waive all rights to have a trial by jury in any action, proceeding, claim, 2416 or counterclaim brought by either of them against the other on any matter whatsoever arising out of or in 2417 any way related to or connected with the Contract. 2418 2419 20.25 Specific Performance and Injunctive Relief 2420 2421 Attachment number 8 \nPage 51 of 73 Item # 2 Page 52 of 73 Solid Waste & Recyclables Collection Augusta, GA The Contractor agrees that the services are critical to Augusta’s operation and that monetary damages are 2422 not an adequate remedy for the Contractors failure to provide services as required by the Contract, nor 2423 could damages be the equivalent of the performance of such obligation. Accordingly, the Contractor 2424 hereby consents to an order granting specific performance of such obligations of the Contractor in a court 2425 of competent jurisdiction within the State of Georgia. The Contractor further agrees that a failure by it to 2426 perform the services in the manner required by the Contract will entitle Augusta to injunctive relief. 2427 2428 20.26 Severability 2429 2430 Should any term, provision, condition, or other portion of this Contract or its application be held to be 2431 inoperative, invalid, or unenforceable, and the remainder of the Contract still fulfills its purposes, the 2432 remainder of this Contract or its application in other circumstances shall not be affected thereby and shall 2433 continue in force and effect. 2434 2435 20.27 Interest of the Parties 2436 2437 The Contractor covenants that its officers, employees and shareholders have no interest and shall not 2438 acquire any interest, direct or indirect, which would conflict in any manner of degree with the 2439 performance of services required under the Contract. 2440 2441 2442 20.28 Force Majeure 2443 2444 1. The Contractor shall not be liable for any failure or delay in the performance of its 2445 obligations pursuant to this Contract (and such failure or delay shall not be deemed a default 2446 of this Contract or grounds for termination hereunder if all of the following conditions are 2447 satisfied: 2448 2449 a. If such failure or delay 2450 2451 i. could not have been prevented by reasonable precaution, and 2452 2453 ii. cannot reasonably be circumvented by the non-performing party through the use of 2454 alternate sources, work around plans, or other means, and 2455 2456 b. If and to the extent such failure or delay is caused, directly or indirectly by fire, flood, 2457 hurricanes, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, 2458 sabotage, and governmental actions. 2459 2460 2. Upon the occurrence of an event which satisfies all of the conditions set forth above, the 2461 Contractor shall be excused from any further performance of those obligations pursuant to 2462 this Contract affected by the Force Majeure for as long as; 2463 2464 a. Such Force Majeure event continues and, 2465 2466 b. The Contractor continues to use commercially reasonable efforts to recommence 2467 performance whenever and to whatever extent possible without delay. 2468 2469 3. Upon the occurrence of a Force Majeure event, the Contractor shall immediately notify 2470 Augusta by telephone and confirmed in writing within two (2) days of the occurrence of a 2471 Force Majeure and shall describe in reasonable detail the nature of the Force Majeure. If any 2472 Attachment number 8 \nPage 52 of 73 Item # 2 Page 53 of 73 Solid Waste & Recyclables Collection Augusta, GA Force Majeure prevents the Contractor from performing its obligations for more than five (5) 2473 days, Augusta may terminate this Contract. 2474 2475 4. Strikes, slow-downs, walkouts, lockouts and individual disputes are not excused under this 2476 provision. 2477 2478 5. Augusta may grant variances in routes, schedules and materials collected as are reasonably 2479 required and in the best interest of Augusta. 2480 2481 6. Augusta may negotiate with the Contractor fees for any additional work which the Contractor 2482 may agree to perform in the event of a disaster. 2483 2484 20.29 E-Verify 2485 2486 All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical 2487 performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. 2488 § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with 2489 Augusta, Georgia has registered with and is participating in a federal work authorization program. All 2490 contractors and subcontractors must provide their E-Verify number and must be in compliance with the 2491 electronic verification of work authorized programs operated by the United States Department of 2492 Homeland Security or any equivalent federal work authorization program operated by the United States 2493 Department of Homeland Security to verify information of newly hired employees, pursuant to the 2494 Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability 2495 provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal 2496 authorization program throughout the contract term. All contractors shall further agree that, should it 2497 employ or contract with any subcontractor(s) in connection with the physical performance of services 2498 pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each 2499 subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on 2500 the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors 2501 shall further agree to maintain records of such compliance and provide a copy of each such verification to 2502 Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services 2503 2504 2505 “Contractor acknowledges that this contract and any changes to it by amendment, modification, 2506 change order or other similar document may have required or may require the legislative 2507 authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, 2508 Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume 2509 contractual obligations and the consequences of Contractor's provision of goods or services to 2510 Augusta, Georgia under an unauthorized contract, amendment, modification, change order or 2511 other similar document, including the possibility that the Contractor may be precluded from 2512 recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees 2513 that if it provides goods or services to Augusta, Georgia under a contract that has not received 2514 proper legislative authorization or if the Contractor provides goods or services to Augusta, 2515 Georgia in excess of the any contractually authorized goods or services, as required by Augusta, 2516 Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized 2517 goods or services provided by Contractor. Contractor assumes all risk of non-payment for the 2518 provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to 2519 payment or to other remedies for the provision of any unauthorized goods or services to 2520 Augusta, Georgia, however characterized, including, without limitation, all remedies at law or 2521 equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts 2522 for goods and services, except revenue producing contracts 2523 2524 Attachment number 8 \nPage 53 of 73 Item # 2 Page 54 of 73 Solid Waste & Recyclables Collection Augusta, GA SIGATURES O FOLLOWIG PAGE 2525 2526 Attachment number 8 \nPage 54 of 73 Item # 2 Page 55 of 73 Solid Waste & Recyclables Collection Augusta, GA I WITESS HEREOF, the parties hereto have caused this Agreement to be executed by 2527 duly authorized officers on this the ___day of ___________________, 20____. 2528 2529 2530 BY: 2531 2532 Augusta, Georgia 2533 2534 2535 _______________________ 2536 As its Mayor 2537 2538 2539 Attest: 2540 2541 ________________________ 2542 Clerk of Commission 2543 2544 2545 The foregoing contract is hereby executed by the below-listed parties: 2546 2547 Contractor: ____________________________________ 2548 2549 By: __________________________________________ 2550 2551 As its: ________________________________________ 2552 2553 2554 2555 Sworn to and subscribed before me on this _____ day of _________________, 20___. 2556 2557 ______________________ 2558 Notary Public 2559 2560 My Commission Expires: _____________________ 2561 2562 2563 Attachment number 8 \nPage 55 of 73 Item # 2 Page 56 of 73 Solid Waste & Recyclables Collection Augusta, GA 2564 2565 2566 2567 2568 2569 APPEDIX A 2570 2571 Designated Collection Area Map(s) 2572 2573 2574 2575 2576 2577 2578 Attachment number 8 \nPage 56 of 73 Item # 2 Page 57 of 73 Solid Waste & Recyclables Collection Augusta, GA 2579 2580 2581 2582 APPEDIX B 2583 2584 Monthly Performance Summary 2585 Attachment number 8 \nPage 57 of 73 Item # 2 Page 58 of 73 Solid Waste & Recyclables Collection Augusta, GA MONTHLY PERFORMANCE SUMMARY UNITS UNITS KEY PERFORMANCE AREAS OBSERVED PENALIZED Number of Requests for Services Number of Valid Misses Number of Requests for Services not collected within specific timeframe Number of Courtesy Collections Number of Service Complaints Number of Repeat Collection Misses Number of Area Misses Property Damage/Claims Container (Damage/Loss) Roll Out Container/Bin Placement Leaks & Spills Littering Mixed Loads Emergency Unload Cleanup Deliver Recycling to Landfill 2586 Attachment number 8 \nPage 58 of 73 Item # 2 Page 59 of 73 Solid Waste & Recyclables Collection Augusta, GA Liquidated Damages: $ Attachment number 8 \nPage 59 of 73 Item # 2 Summary of Damages for Performance Criteria List of Damages Units Collection Contract Damages Damage TOTAL Request for Service [3.11.4] each $100 Per Month When Misses >200 Lump Sum $5,000 Repeat Collection Miss [3.11.4.d] 2nd and 3rd Miss each $500 4 or more Misses each $1,000 Area Misses [3.11.4.f] 1 – 100 Misses Lump Sum $2,000 >100 Misses each $20 Augusta clean-up Service Lump Sum $500 Property Damage/Accidents [10.3.3] Failure to notify Augusta of Damages each $2,000 Rollout Container Loss or Damage [5.3] each TBD Rollout Container Damage – Wheels 11+ each [5.4.3] $25 Rollout Container Placement [5.4.2] 11+ each $100 Per Month When Misses >200 Lump Sum $5,000 Vehicle Leaks & Spills [6.5.2] Failure to remove from service each $3,000 Failure to cleanup spill each $1,500 1 to 3 leaks or spills per month each $1,000 Care & Diligence/Littering [10.4.1] Failure to clean up litter each $500 Mixed Loads [Garbage/Recycling] [7.2.3] Per Incident Lump Sum $500 Collecting Route Out of Order [4.4.1] Per Route per Daily Occurrence Lump Sum $500 Emergency Unload Cleanup [6.4.1] For each 2-hr delay in clean-up each $100 Augusta provided clean-up each $2,000 Deliver Recycling to Landfill [7.2.3] For each incident each $500 Augusta Provided Collection [3.11.4] each $500 TOTAL Attachment number 8 \nPage 60 of 73 Item # 2 Attachment number 8 \nPage 61 of 73 Item # 2 APPEDIX D Proposal for Incentive Based Rewards Program for Advanced Disposal for the city of Augusta, Georgia. Waste Diversion through Incentivized Recycling April 25, 2012 Overview Recycling Perks partners with municipalities, haulers and local businesses to improve and enhance residential curbside recycling while supporting the local economy. Recycling Perks provides residents and cities with a unique incentive based recycling rewards program that includes reward program management, community outreach and marketing, as well as measurement and performance tracking. The Recycling Perks program will be heavily weighted towards local businesses to help drive local revenue and increase program participation. City of Augusta Recycling Perks will work with the city and hauler to implement an Incentive based Recycling Rewards program. The incentive based recycling program will be implemented city wide and participating residents will be rewarded for their recycling efforts. Participation will be tracked using Radio Frequency Identification (RFID) tags which will be provided by the city. Recycling will be collected from a residents recycling container and will be dumped into the collection vehicle. Each container will have a RFID tag affixed, allowing us to compile data on which home’s recycling containers have been collected. Technical Plan Recycling Perks will work with Hauler to establish RFID technology data capturing. The RFID data will be delivered to Recycling Perks through an active data feed containing collection records and addresses within the program. The Recycling Perks system records participation and awards points for each collection. Each collection period, participating households will receive points for their participation. Attachment number 8 \nPage 62 of 73 Item # 2 Recycling Perks Program utilizes an exclusive website area for each city. The Recycling Perks platform allows residents to view content that is specifically for Augusta residents. Customer Service and Reward Fulfillment Recycling Perks points are used to claim Rewards offered by Local Reward Partners. Residents can obtain their rewards online, print immediately and redeem the rewards with the local business offering a reward. Recycling Perks will consult with local businesses to offer free reward content on Recycling Perks and will procure all reward offerings. Recycling Perks will maintain a Customer Service Department to answer resident’s questions relating to the incentive program by phone or email. The privacy of all residents will be protected and managed in accordance with State and Federal regulations. Costs · $0.35 per household/month for length of contract. · A one month activation fee is required prior to contract launch. Contractor will provide the following: · RFID technology on all Collection Vehicles and Containers. · Maintain RFID Software to provide collection data reports in real time through a data feed directly to Recycling Perks. · Provide a list of container deliveries identifying residential address, container serial number, RFID number, route, zip code and ongoing updates relating to new, moved or replaced containers within the program. · A willingness to participate in community events that will promote the Perks program. · Introduction Letter to all residents announcing the program. Recycling Perks to provide the following: · Timely awarding of Recycling Perks points for all approved containers collected by hauler. · Pricing is not affected by the size or type of container collected. · Participation is recorded automatically and the Recycling Perks Program awards points automatically upon the collection of each container. · RFID technology is used to automatically identify each resident’s participation, each day. · Recycling Perks points will be calculated and distributed based on the participation of the household. Weight per individual household will not be used in determining points. · Businesses in Augusta will be offered the opportunity to be a Reward Partner free of charge. · Recycling Perks points do not expire. · Recycling Perks will be available for all residents prior to the first collection day. · Recycling Perks provides a dedicated, toll free number and customer service team specific for each municipality offering incentives through Recycling Perks. · Pricing for Recycling Perks is unaffected by the contractors choice of container. Attachment number 8 \nPage 63 of 73 Item # 2 · Recycling Perks will hire and manage a Municipal Market Manger as the single point of contact for all aspects of the incentive program in Augusta. · Recycling Perks will also initiate a local charity campaign designed to give back to the community based on the success and viability of our rewards program. Attachment number 8 \nPage 64 of 73 Item # 2 Attachment number 8 \nPage 65 of 73 Item # 2 APPEDIX E Communications Plan The communication plan shall consist of the following Contractor contract information for Contractor staff. These staff shall be available as per the provisions above. For the Contractor: Title: District Manager Office Phone: Cellular Phone: Email: Title: Emergency Contact Office Phone: Cellular Phone: Email: Title: Operations Manager Office Phone: Cellular Phone: Email: Title: Customer Service/Dispatch Office Phone: Cellular Phone: Email: Attachment number 8 \nPage 66 of 73 Item # 2 APPEDIX F AUGUSTA-RICHMOND COUNTY - LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM MONTHLY SUBCONTRACTOR/SUPPLIER UTILIZATION REPORT List all subcontractors/suppliers, including lower tiers, to be used on this project. PROJECT AME __________________________________________________________ PROJECT O. ________________ BASE BID $___________________ REPORT PERIOD FROM _____________ TO ______________, 20____ PAY REQUEST AMOUT_______________ PROPOSED LSB UTILIZATIO _______% AME OF SUB-COTRACTOR/ SUPPLIER COMPAY AME, ADDRESS, AD PHOE # COTRACT AMOUT TYPE OF WORK PERFORMED LSB BUSIESS YES/O TOTALS Total LSB%___________________ COTRACTOR : AUTHORIZED SIGATURE ________________ ________________________ PAY REQUEST O. ____________________________________ PERCETAGE OF TOTAL COTRACT COMPLETED TO DATE ____________% DATE ___________________ This form is to be submitted MOTHLY by the success ful vendor only –after the bid is awarded. Questions: Contact Ms. Yvonne Gentry – Office: (706) 821-2406 or Fax: (706) 821-4228 Attachment number 8 \nPage 67 of 73 Item # 2 START DATE: ______________________________________________________ COMPLETIO DATE: ________________________________________________ Complete the Following Information for Each Contract/Purchase Order Identified Business Name: __________________________________________________________ Business Contact Person Information: Name: ___________________________________________________________ Title: _____________________________ Telephone: (____)_______________ E-mail: __________________________________________________________ Business Address: _____________________________________________________ _______________________________________________________________________ City, State, Zip: _____________________________________________________ Total Award Amount (including all Change Orders): $______________________ Total Amount Paid: $______________________ Brief Description of Work Performed by Prime Contractor: _______________________ _______________________________________________________________________ _______________________________________________________________________ Business Owner(s) Primary Race/Ethnicity (White, Black, Hispanic, Asian, Native American, or Other): _____________________________________________________ Business Owner(s) Primary Gender (Male or Female):____________________________ Total No. of First-Tier Subcontractors/Sub-consultants/Suppliers on this Contract: ______ (This number should match the number of entries on Attachment B) Attachment number 8 \nPage 68 of 73 Item # 2 ATTACHMENT B: First-Tier Subcontractor, Sub-Consultant, Supplier Information Form PRIME COTRACT/PURCHASE ORDER TITLE (IF AY): _____________________________________________________________________________________ PRIME COTRACT/PURCHASE ORDER UMBER (OR ITEM #): ______________________________________________________________________________ START DATE: _______________________________________ APPROXIMATE COMPLETIO DATE: _________________________________________ Please provide the following information for EACH FIRST-TIER SUBCOTRACTOR, SUB-COSULTAT, OR SUPPLIE R THAT PROVIDED GOODS AD/OR PERFORMED SERVICES O THIS COTRACT OR PURCHASE ORD ER. umber of subcontractor lines must match the to tal number of first-tier subcontractors indicated in the last line of Attachment A (include Additional Pages if ecessary) PAGE ___ OF ___ Line o. Business ame Address City State Zip Telephone Cont act Person/Title Total Award Amount (in dollars) Total Amount Paid (in dollars) Owner(s) Race/Ethnicity Owner(s) Gender Brief Description of Work Performed Line o. Business ame Address City State Zip Telephone Cont act Person/Title Total Award Amount (in dollars) Total Amount Paid (in dollars) Owner(s) Race/Ethnicity Owner(s) Gender Brief Description of Work Performed Line o. Business ame Address City State Zip Telephone Cont act Person/Title Total Award Amount (in Total Amount Paid (in Owner(s) Race/Ethnicity Owner(s) Brief Description of Work Performed At t a c h m e n t n u m b e r 8 \ n P a g e 6 9 o f 7 3 It e m # 2 ATTACHMENT B: First-Tier Subcontractor, Sub-Consultant, Supplier Information Form (Continued) PRIME COTRACT/PURCHASE ORDER TITLE (IF AY): _____________________________________________________________________________________ PRIME COTRACT/PURCHASE ORDER UMBER (OR ITEM #): ______________________________________________________________________________ START DATE: _______________________________________ APPROXIMATE COMPLETIO DATE: _________________________________________ Please provide the following information for EACH FIRST-TIER SUBCOTRACTOR, SUB-COSULTAT, OR SUPPLIE R THAT PROVIDED GOODS AD/OR PERFORMED SERVICES O THIS COTRACT OR PURCHASE ORD ER. umber of subcontractor lines must match the to tal number of first-tier subcontractors indicated in the last line of Attachment A (include Additional Pages if ecessary) PAGE ___ OF ___ dollars) dollars) Gender Line o. Business ame Address City State Zip Telephone Cont act Person/Title Total Award Amount (in dollars) Total Amount Paid (in dollars) Owner(s) Race/Ethnicity Owner(s) Gender Brief Description of Work Performed Line o. Business ame Address City State Zip Telephone Cont act Person/Title Total Award Amount (in dollars) Total Amount Paid (in dollars) Owner(s) Race/Ethnicity Owner(s) Gender Brief Description of Work Performed At t a c h m e n t n u m b e r 8 \ n P a g e 7 0 o f 7 3 It e m # 2 ATTACHMENT B: First-Tier Subcontractor, Sub-Consultant, Supplier Information Form (Continued) PRIME COTRACT/PURCHASE ORDER TITLE (IF AY): _____________________________________________________________________________________ PRIME COTRACT/PURCHASE ORDER UMBER (OR ITEM #): ______________________________________________________________________________ START DATE: _______________________________________ APPROXIMATE COMPLETIO DATE: _________________________________________ Please provide the following information for EACH FIRST-TIER SUBCOTRACTOR, SUB-COSULTAT, OR SUPPLIE R THAT PROVIDED GOODS AD/OR PERFORMED SERVICES O THIS COTRACT OR PURCHASE ORD ER. umber of subcontractor lines must match the to tal number of first-tier subcontractors indicated in the last line of Attachment A (include Additional Pages if ecessary) PAGE ___ OF ___ Line o. Business ame Address City State Zip Telephone Cont act Person/Title Total Award Amount (in dollars) Total Amount Paid (in dollars) Owner(s) Race/Ethnicity Owner(s) Gender Brief Description of Work Performed Line o. Business ame Address City State Zip Telephone Cont act Person/Title Total Award Amount (in dollars) Total Amount Paid (in dollars) Owner(s) Race/Ethnicity Owner(s) Gender Brief Description of Work Performed Line o. Business ame Address City State Zip Telephone Cont act Person/Title Total Award Amount (in Total Amount Paid (in Owner(s) Race/Ethnicity Owner(s) Brief Description of Work Performed At t a c h m e n t n u m b e r 8 \ n P a g e 7 1 o f 7 3 It e m # 2 ATTACHMENT B: First-Tier Subcontractor, Sub-Consultant, Supplier Information Form (Continued) PRIME COTRACT/PURCHASE ORDER TITLE (IF AY): _____________________________________________________________________________________ PRIME COTRACT/PURCHASE ORDER UMBER (OR ITEM #): ______________________________________________________________________________ START DATE: _______________________________________ APPROXIMATE COMPLETIO DATE: _________________________________________ Please provide the following information for EACH FIRST-TIER SUBCOTRACTOR, SUB-COSULTAT, OR SUPPLIE R THAT PROVIDED GOODS AD/OR PERFORMED SERVICES O THIS COTRACT OR PURCHASE ORD ER. umber of subcontractor lines must match the to tal number of first-tier subcontractors indicated in the last line of Attachment A (include Additional Pages if ecessary) PAGE ___ OF ___ dollars) dollars) Gender Line o. Business ame Address City State Zip Telephone Cont act Person/Title Total Award Amount (in dollars) Total Amount Paid (in dollars) Owner(s) Race/Ethnicity Owner(s) Gender Brief Description of Work Performed Line o. Business ame Address City State Zip Telephone Cont act Person/Title Total Award Amount (in dollars) Total Amount Paid (in dollars) Owner(s) Race/Ethnicity Owner(s) Gender Brief Description of Work Performed At t a c h m e n t n u m b e r 8 \ n P a g e 7 2 o f 7 3 It e m # 2 ATTACHMENT B: First-Tier Subcontractor, Sub-Consultant, Supplier Information Form (Continued) PRIME COTRACT/PURCHASE ORDER TITLE (IF AY): _____________________________________________________________________________________ PRIME COTRACT/PURCHASE ORDER UMBER (OR ITEM #): ______________________________________________________________________________ START DATE: _______________________________________ APPROXIMATE COMPLETIO DATE: _________________________________________ Please provide the following information for EACH FIRST-TIER SUBCOTRACTOR, SUB-COSULTAT, OR SUPPLIE R THAT PROVIDED GOODS AD/OR PERFORMED SERVICES O THIS COTRACT OR PURCH ASE ORDER. umber of subcontractor lines must match the total number of first- tier subcontractors indicated in the last line of Attachment A (include Additional Pages if ecessary) PAGE ___ OF ___ I attest, to the best of my knowledge and belief, that the information furnished in Attachment A and Attachment B is correct and accurate. By: ____________________________________________ Name and Title of Company Officer ____________________________________________ PRINTED NAME AND TITLE Company: ____________________________________________ Name of Company Phone Number: ____________________________________________ Date: ____________________________________________ At t a c h m e n t n u m b e r 8 \ n P a g e 7 3 o f 7 3 It e m # 2 Engineering Services Committee Meeting 7/9/2012 1:00 PM Fund the purchase of four data collection devices for use in the Savannah River Department:Utilities Caption:Fund the purchase of four data collection sondes to be deployed and operated by the Southeastern Natural Sciences Academy for the purpose of monitoring and documentation of water quality in the Savannah River. Background:With the help of private and public supporters, including Augusta, the Southeastern Natural Sciences Academy developed a river monitoring program in 2006 to support data-driven decision making within the Savannah River Basin. Those data have provided an opportunity to validate modeling efforts which are part of a state and federal regulatory process which has significant implications for Augusta. The data also provide the Academy's research program the opportunity to analyze data, with other more in-depth analyses, in an effort to provide a better understanding of the river system that modeling alone cannot provide. The Academy is going through the process of replacing their existing monitoring network within the river. The foundation of that network is a series of multiparameter sondes which have been collecting temperature, pH, conductivity, and dissolved oxygen data at ten different locations from Augusta to Savannah every 15 minutes for the past six years. Replacement of six of the ten sondes has been funded by private donors and the Academy is requesting that Augusta fund the other four at a total cost of $60,000.00. Analysis:The existing river monitoring network has yielded extremely valuable information that has been useful to both the regulators and Augusta during the ongoing process of addressing low dissolved oxygen issues in the Savannah Harbor. We believe the continuation of this monitoring network is important because it provides an unbiased documentation of the current status of the river and of changes to water quality that may result from treatment system improvements by local dischargers. Well collected and documented data is our most powerful tool when addressing concerns with regulatory agencies. Cover Memo Item # 3 Financial Impact:$60,000.00 Alternatives:Do not fund this equipment purchase and weaken the dataset available for monitoring the river status (not recommended). Recommendation:We recommend that Augusta support the continuation of the data collection efforts by the Southeastern Natural Sciences Academy by providing funding for four data collection sondes at a total cost of $60,000.00. Funds are Available in the Following Accounts: 507043490-5212115 / 80500010-5212115 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 3 April 16,2012 Fred Russell City Administrator Augusta-Richmond County Augusta,GA 30901 Dear Mr.Russell, Thank you for meeting with us last week regarding funds to support Southeastern Natural Sciences Academy's river monitoring program.With the help ofprivate and public supporters,like Augusta- Richmond County,the Academy developed a river monitoring program in 2006 to support data-driven decision making within the Savannah River Basin.Those data have provided an opportunity for Augusta- Richmond County to validate modeling efforts which are part ofthe regulatory process.Validating modeling efforts is key to better decision making,without the validation step undue economic impacts could result.The data also provide the Academy's research program the opportunity to analyze data,with other more in-depth analyses,in an effort to provide a better understanding ofthe river system that modeling alone can not do.That approach is key to raising everyone's understanding ofthe balance between a health river ecology and a thriving economy for Augusta-Richmond County. The Academy is going through the process ofreplacing our existing monitoring network within the river. The foundation ofthat network is a series ofmultiparameter sondes which have been collecting temperature,pH,conductivity,and dissolved oxygen data at ten different locations from Augusta to Savannah,every 15 minutes for the past six years.We are respectfully requesting funds to replace four of the ten sondes;funds for the other six have been paid by private donors,mostly local business owners who understand the importance ofmaintaining this important database.The total cost ofthe four remaining sondes is $60,000. Thank you for your consideration and please do not hesitate to contact me ifyou need additional information. Very Sincerely, Oscar P.Flite III,Ph.D. Vice President for Research 1858 Lock &Dam Road Augusta,Georgia 30906 Telephone:(706)828-2109 Fox:(706)828-2129 info@noturalsciencesocodemy.org www.naturolsciencesacodemy.org Attachment number 1 \nPage 1 of 1 Item # 3 Engineering Services Committee Meeting 7/9/2012 1:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the Engineering Services Committee held on June 11, 2012. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 4 Attachment number 1 \nPage 1 of 3 Item # 4 Attachment number 1 \nPage 2 of 3 Item # 4 Attachment number 1 \nPage 3 of 3 Item # 4 Engineering Services Committee Meeting 7/9/2012 1:00 PM Notification of award for a construction contract to Blair Construction, Inc. for construction of the Fort Gordon New Water and Sewage Connections under the Task Order Program for Infrastructure RFQ #11-130 in the amount of $450,436.32. Bid item #12-139. Department:Augusta Utilities Department Caption:Motion to approve award of a contract with Blair Construction, Inc. for services associated with construction of the Fort Gordon New Water and Sewage Connections under the Task Order Program for Infrastructure RFQ #11-130 in the amount of $450,436.32. Bid item #12-139. Background:The objective of this project is to provide water and sewage connections on Fort Gordon. This project will consist of multiple connections various sizes and installation up to 1000 LF of sewer main and 1600 LF of water main. Some connections to the existing infrastructure will be upgraded and some connections will be for new infrastructures throughout the base. Analysis:Blair Construction, Inc. submitted an acceptable bid package and was the lowest responsive bidder. The Utilities Department desires to inform Commission of the award of this contract to construct the Fort Gordon New Water and Sewage Connections under the Task Order Program for Infrastructure RFQ #11-130 to Blair Construction, Inc. Financial Impact:$450,436.32, under account number 507043490-5425410 / 88886666-5425410 Alternatives:No alternatives due to the contract being awarded under the Task Order Program for Infrastructure RFQ #11-130 Recommendation:We are informing Commission of the department's award of the contract with Blair Construction, Inc. in the amount of $450,436.32 for the construction of the Fort Gordon New Water and Sewage Connections Project under the Task Order Program for Infrastructure RFQ #11-130 Cover Memo Item # 5 Funds are Available in the Following Accounts: $450,436.32 from account 507043490-5425410 / 88886666- 5425410 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 5 Invitation To Bid Sealed bids will be received at this office on Friday, May 25, 2012 @ 11:00 a.m. for furnishing: Bid Item 12-139 Fort Gordon New Water & Sewage Connections for Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid 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 athe offices of Augusta, GA Procurement Department. A Mandatory Pre Bid Conference will be held on Thursday, May 3, 2012 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. 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 Monday, May 7, 2012 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. 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. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director cc: Tameka Allen Deputy Administrator Tom Wiedmeier Utilities Department Jerry Delaughter Utilities Department Stanley Aye Utilities Department Revised: 8/15/2011 Attachment number 1 \nPage 1 of 1 Item # 5 VENDORS Attachment B E-Verify # Bid Bond Lump Sum Blair Construction, Inc. PO Box 770 Evans, GA 30809 YES 224004 YES $450,436.32 Quality Storm Water Solutions P.O. Box 1847 Evans, GA 30809 YES 233338 YES $457,102.00 Contract Management, Inc. 1827 Killingsworth Augusta, GA 30904 YES 225306 YES $491,791.75 Eagle Utility Contracting, Inc. 1350 Branch Road Bishop, GA 30627 YES 206663 YES $898,788.25 Bid Item #12-139 Fort Gordon New Water and Sewage Connections for Augusta, Georgia - Utilities Department Bid Due: Friday, May 25, 2012 @ 11:00 a.m. Page 1 of 1 At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 1 It e m # 5 UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 6" Diameter PVC sanitary pipe SDR 35, Depth 0' to 6' including Type II (No. 57 stone) bedding material 650 LF $13.55 $8,807.50 $23.25 $15,112.50 $24.00 $15,600.00 $31.00 $20,150.00 8" Diameter PVC sanitary pipe SDR 35, Depth 0' to 6' including Type II (No. 57 stone) bedding material 700 LF $17.25 $12,075.00 $25.25 $17,675.00 $26.60 $18,620.00 $43.00 $30,100.00 Pre-Cast sanitary manhole, GDOT STD 1011A, Type 1, depth 0-6'25 LF $1,359.94 $33,998.50 $1,600.00 $40,000.00 $2,320.00 $58,000.00 $3,500.00 $87,500.00 6" sanitary sewer service, complete 40 EA $1,168.85 $46,754.00 $1,300.00 $52,000.00 $600.00 $24,000.00 $3,000.00 $120,000.00 Cut and plug existing sanitary sewer, diameter varies 8 LF $1,164.00 $9,312.00 $100.00 $800.00 $1,000.00 $8,000.00 $1,500.00 $12,000.00 Tie new san. Sewer to existing manholes, diameter varies 15 EA $1,455.00 $21,825.00 $750.00 $11,250.00 $800.00 $12,000.00 $2,500.00 $37,500.00 1" Tap on same size Dia. Pipe 13 EA $850.00 $11,050.00 $176.00 $2,288.00 $800.00 $10,400.00 $1,325.00 $17,225.00 2" Tap on same size Dia. Pipe 15 EA $1,067.00 $16,005.00 $577.00 $8,655.00 $900.00 $13,500.00 $2,180.00 $32,700.00 3" Tap on same size Dia. Pipe 15 EA $1,576.25 $23,643.75 $1,950.00 $29,250.00 $1,200.00 $18,000.00 $3,725.00 $55,875.00 4" Tap on same size Dia. Pipe 15 EA $1,920.60 $28,809.00 $1,950.00 $29,250.00 $1,400.00 $21,000.00 $3,800.00 $57,000.00 6" Tap on same size Dia. Pipe 15 EA $2,425.00 $36,375.00 $2,482.00 $37,230.00 $2,000.00 $30,000.00 $4,425.00 $66,375.00 8" Tap on same size Dia. Pipe 10 EA $2,783.90 $27,839.00 $2,582.00 $25,820.00 $3,000.00 $30,000.00 $5,285.00 $52,850.00 2" PVC Water Transmission Main C 900, Class 200 400 LF $7.76 $3,104.00 $5.75 $2,300.00 $10.00 $4,000.00 $8.00 $3,200.00 3" PVC Water Transmission Main C 900, Class 500 LF $8.24 $4,120.00 $8.00 $4,000.00 $12.00 $6,000.00 $8.50 $4,250.00 6" DIP, water transmission, Class 350, standard 500 LF $20.66 $10,330.00 $28.50 $14,250.00 $30.85 $15,425.00 $27.00 $13,500.00 8" DIP, water transmission, Class 350, standard 500 LF $25.02 $12,510.00 $29.00 $14,500.00 $38.40 $19,200.00 $32.50 $16,250.00 10" DIP, water transmission, Class 350, standard 400 LF $31.04 $12,416.00 $36.00 $14,400.00 $50.25 $20,100.00 $42.00 $16,800.00 12" DIP, water transmission, Class 350, standard 200 LF $38.80 $7,760.00 $42.00 $8,400.00 $60.00 $12,000.00 $47.00 $9,400.00 Fire Hydrant Assembly Complete with valve, lead pipe Joint restraint ant, and blocking. (Valve Box and ATV kit included)16 EA $3,000.00 $48,000.00 $3,300.00 $52,800.00 $4,800.00 $76,800.00 $4,930.00 $78,880.00 Miscellaneous Pipe fittings and connections 5000 LB $3.39 $16,950.00 $3.50 $17,500.00 $3.00 $15,000.00 $10.00 $50,000.00 $391,683.75 $397,480.50 $427,645.00 $781,555.00 Lump Sum 1 15%$58,752.57 $58,752.57 $59,622.00 $59,622.00 64146.75 64146.75 117233.25 117233.25 $450,436.32 $457,102.50 $491,791.75 $898,788.25 FORT GORDON NEW WATER AND SEWAGE CONNECTIONS TAB SHEET Eagle Contracting DESCRIPTION QTY UNIT Blair Construction Quality Strom Water Solutions CMI Attachment number 3 \nPage 1 of 1 Item # 5 Attachment number 4 \nPage 1 of 1 Item # 5 Attachment number 5 \nPage 1 of 1 Item # 5 ATTN THERON SAPP QUALITY STORM WATER SOLUTIONS 437 CAMBRIDGE CIRCLE MARTINEZ GA 30907 ATTN JAMES WILLIAMS CONTRACT MANAGEMENT INC 1827 KILLINGSWORTH AUGUSTA GA 30904 ATTN TONY HIGHFIELD EAGLE UTILITY 1350 BRANCH ROAD BISHOP, GA 30627 ATTN PATRICK DILLARD BLAIR CONSTRUCTION PO BOX 770 EVANS, GA 30809 Tom Wiedmeier Augusta Utilities Bay Street Jerry Delaughter Augusta Utilities Bay Street Stanley Aye Augusta Utilities Bay Street Yvonne Gentry LSB – 3RD FLOOR Bid Item 12-139 Fort Gordon New Water & Sewage Connections Faxed and Mailed 4/27/12 Bid Item #12-139 Fort Gordon New Water & Sewage Connections For Utilities Department Bid Due: Fri 5/25/12 @ 11:00 a.m. Attachment number 6 \nPage 1 of 1 Item # 5 Attachment number 7 \nPage 1 of 9 Item # 5 Attachment number 7 \nPage 2 of 9 Item # 5 Attachment number 7 \nPage 3 of 9 Item # 5 Attachment number 7 \nPage 4 of 9 Item # 5 Attachment number 7 \nPage 5 of 9 Item # 5 Attachment number 7 \nPage 6 of 9 Item # 5 Attachment number 7 \nPage 7 of 9 Item # 5 Attachment number 7 \nPage 8 of 9 Item # 5 Attachment number 7 \nPage 9 of 9 Item # 5