HomeMy WebLinkAboutAUGUSTA DISPOSAL & RECYCLING iNC
Contents
A. Overview
Section 5:
Section 10:
Section 15:
Section 20:
Section 25:
Section 30:
Section 35:
Section 40:
Section 45:
Section 50:
Section 55:
Section 60:
Section 62:
, Section 65:
Section 70:
Section 75:
Section 80:
Section 85:
Section 90:
Section 95:
B. Collection Services
Solid Waste Collections Contract - Augusta Disposal
Purpose and Intent
Negotiation Costs
Contract Term
Incorporation of Exhibits
Contract Limitations
Definitions
County Responsibilities
Contractor's Responsibilities
Contractor's Representations and Warranties
County Representations and Warranties
OSHA and Georgia Law Compliance
Vehicles Used in Collection
Spare Vehicles
One Vehicle One Purpose
DisposalN ehicle Inspections and Permits
Vehicle Specifications
Ownership of Equipment
Asset Maintenance and Invent0ry
Traffic Laws. Noise Control
Contractor's Office
Section 100: Collection Area
Section 102: Days of Collection
Section 104: Garbage Collection
Section 106: Yard Waste Collection
Section 108: Recycling Collection
Section 110: Bulky Waste collection
Section 112: Additional Carts
Section 114: Place of Collection
Section 116: Collection from Additional Locations
Section 120: Force Maieure Clean Up
Section 122: Eviction. Vacant Lot, Special Clean-up
Section 124: County Clean Up Events
Section 126: Time of Collection
Section 128: Scheduling of Collection
Section 130: Work on County Property
Section 132: Disposal and Recycling Locations
Section 134: Ownership of Materials Collected
Section 136: Scavenging
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Section 138:
Section 140:
Section 142:
Section 144:
Section 146:
Section 148:
Section 150:
Section 152:
Section 154:
Section 156:
Section 158:
Section 160:
Section 162:
Section 164:
C. Manner of Collection
Solid Waste Collections Contract - Augusta Disposal
Holiday Schedule
Service Disruptions Due to Weather
Service Disruptions - Non Weather
Missed and Make-up Collections
Contract Carts ".~,"
Supplying Garbage Carts
Supplying Recycling Bins
Cart/Bin Storage
Minimum Cart/Bin Percentage
Cart/Bin Replacement Cost
Delinquent and Closed Accounts
Meetings and Communication
Program Information During Contract Start-Up
Program Information
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Section 200: Contractor's Responsibility
Section 210: Employee Conduct
Section 220: Employee Uniforms
Section 230: Spillage
Section 240: Damage Claims
Section 250: Customer Grievances
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D. Reporting Requirements
Section 300: Report/Information Specifications
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E. Compensation
Section 400: Payment for Collection Services 40
Section 410: Payment Procedure 40
Section 420: Contract Unit Price 41
Section 430: Adiustments 41
Section 440: Wage Increases for Employees '""42
Section 450: Withholding and Payment of Tax Liens and Judgments 42
F. Security, Liability, Damages
Section 500: Payment Bond
Section 510: Performance Bond
Section 520: Default of Contractor
Section 530: Commitment of Equipment
Section 540: Insurance
Section 550: Indemnity
Section 560: Liquidated Damages
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Solid Waste Collections Contract - Augusta Disposal
G. Equal Opportunity/Non-Discrimination, Drug Free Work Place
Section 600: Equal Employment Opportunity 53
Section 610: Equal Employment Opportunity - Implementation 53
Section 620: Contractor's Hiring Goals 54
Section 630: Good Faith use of Disadvantaged Business Enterprises- 055
Section 640: Non-Discriminatory Service 59
Section 650: Drug-Free Workplace 59
H. Operations Plan, Emergency Plan
Section 700: Operations Plan
Section 710: Emergency Plan
I. Ancillary Provisions
Section 800: Assignment of Pledge on Monies by the Contractor
Section 805: Assignment. Subcontracting. Delegation of Duties
Section 810: Audit and Inspection
Section 815: Contractor Will Not Sell or Disclose Data
Section 820: No Publicity
Section 825: Contract Rights
Section 830: Open Records Act
Section 835: Interpretation
Section 840: Law; Venue
Section 845: Discretionary Waiver of Right to a Jury Trial
Section 850: Specific Performance and Iniunctive Relief
Section 855: Notices
Section 860: Severability
Section 865: Interest of the Parties
Section 870: No Bribery
Section 875: Change in Control
Section 880: Force Maieure
Section 885: Dispute Resolution
Other Items
Signature page
Example from section 146
Exhibits
DBE Forms
End of Contract
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Solid Waste Collections Contract - Augusta Disposal
SOLID WASTE COLLECTION CONtRACT
BETWEEN AUGUSTA, GEORGIA (AUGUSTA RICHMOND COUNTY)
AND AUGUST A DISPOSAL & RECYCLING, INC.
This solid waste collection Contract is entered into by and between, Augusta,
Georgia, a consolidated local government, which is both a municipal corporation
and a County, being a political subdivision of the State of Georgia, [by and through
Augusta Richmond County's Solid Waste Department] hereinafter "County" or
"Augusta" and Augusta Disposal & Recycling, Inc. of Augusta "Contractor" to
provide for Garbage, Yard Waste, Recycling and Bulky Waste collections from
Units located within the Collection Area (as hereinafter defined).
The parties, in consideration of the promises, representations and warranties
contained herein, agree as follows:
A. Overview
Section 5. Purvose and Intent - Le!!al Relationshiv of Parties
This Contract creates the legal relationship of independent Contractor by and between
Augusta Disposal & Recycling, Inc. and the "County".
This Contract engages Augusta Disposal & Recycling, Inc. of Augusta to collect
Garbage, Yard Waste, Recycling and Bulky Waste from Units within the-Golleztion
Area.
Section 10. Ne!wtiation Costs
The Contractor shall bear its own cost of negotiating this Contract and developing all
required materials. The County shall not be charged for any services or other work
performed prior to the Start Date.
Section 15. Contract Term
....c... AI .
This Contract is entered into on this Kday of - JvAJIMh f/'- , 2005 ("Bffective
Date"). The collection services will begin on January 1,2006 ("Start Date") and continue
for a term of five (5) years, ending at Midnight Dece~ber 31, 2010. The County and
Contractor through mutual agreement may extend this Contract for two (2) successive
one (1) year periods. The County must provide Contractor a minimum of 90 days notice
of its intent to extend the Contract. If the County extends this Contract, the same terms,
conditions, and methods of payment shall apply during the extension period.
County's payment obligation hereunder for succeeding fiscal periods shall be subject to
availability and appropriation of funds. In the event County does not appropriate funds,
at the beginning of a fiscal year for this Contract, said Contract shall terminate.
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Solid Waste Collections Contract - Augusta Disposal
Section 20: Incorvoration of Exhibits
1. The Contractor and the County acknowledge and agree that each of the
following exhibits is attached to this Contract and is incorporated into and
made a part of this Contract by reference:,,_.
Exhibit A: Collection Area
Exhibit B: Rate Table
Exhibit C: Force Majeure Rate Table
Exhibit D: Eviction/Vacant Lot Rate Table
2. If there is a conflict between any exhibit and the Contract, the provisions of
the exhibit shall prevail.
Section 25: Contract Limitations
At the time of award, the Contractor shall not be awarded or have control of more than
50% of the total number of Units.
During the term of the agreement, no Contractor slJ.all have control of more than fifty
percent (50%) of the total number of Units. An exception will be madewfor riatural
population growth within a Collection Area.
Section 30. Definitions
In addition to Capitalized terms that are defined elsewhere, the following meanings
apply:
Bins:
A water-tight plastic container that is provided by the County, that
shall not be less than 65 gallons in capacity, fitted with a sturdy
handle, roll able and a tight fitting lid, for the purpose of collecting
Recycling. ......
Bulky Waste:
Refers to furniture, appliances, tires, and other items too large to be
reasonably placed into a Cart as defined herein with a size limit of,
not larger than five (5) feet in length, five (5) feet in height and ten
(10) feet in width. Construction debris shall be limited to an
amount that is equal to 25% of the allowable pile by volume.
C&D:
ConstructionlDemolition waste means waste of building materials
and rubble resulting from construction, remodeling, repair and
demolition operations on pavements, houses and other structures.
Such wastes include but are not limited to wood, lumber, wall
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Cart:
County:
Collection Area:
Contractor:
Contract:
Garbage:
Handicapped/
Special Needs:
Hazardous Waste:
Holiday Overloads:
Solid Waste Collections Contract - Augusta Disposal
board, concrete, brick, metals, and other items attributed to
construction and demolition.
A water-tight plastic container that is provided by the Contractor,
that shall not be less than 95 gallons in capaeity, fitted with a
sturdy handle, roll able and a tight fitting lid, for the purpose of
collecting Garbage.'
Augusta, Georgia (Augusta-Richmond County, Georgia)
The physical area for which the Contractor has been contracted to
provide services to.
Individual or firm contracted to provide servIces under this
Contract.
Document containing all provisions and specification that Augusta
and the Contractor must abide by and/or meet.
All discarded waste, food, paper, glass, plastic, leather, textiles,
cans, and/or other materials normally associated with common
household waste.
Individual(s) who can provide verifiable proof of a disability, a
limitation, or a special need which limits their ability to place
waste to the curb or right of way.
Refers to Hazardous Waste, which is defined and published in the
Georgia Hazardous Waste Management Act (Official Code of
Georgia Annotated 9 12-8-61, et. seq.) and incorporated herein by
reference. Hazardous Waste is potentially dangerous by-products
of our highly industrialized society, which cannot be handled,
treated, or disposed of without special. precautions.' Hazardous
Waste includes, but is not limited to, ignitable, corrosive, reactive,
and toxic wastes such as acetone, gasoline and industrial alcohols,
alkaline cleaners, acids, cyanide )U1d chlorine, arsenic, pesticide
wastes, paint, caustics, infected materials, offal, fecal matter
(human and animal) and explmfives. Hazardous Waste does not
include solid waste that is Household Waste, including household
waste . that has been collected, transported, stored, treated,
disposed, recovered (e.g. refused-derived fuel) or reused, all as
defined by the Georgia Hazardous Waste Management Act.
Extra waste generated in association with a Federal, State, or
Locally recognized holiday.
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Solid Waste Collections Contract - Augusta Disposal
Red Tag:
A notification given to the customer for the purposes of
informing/educating with the intent of eliminating future issues
related to collections of Garbage, Recycling, Y ard Waste, and
Bulky Waste. "'~-'
Recycling:
Refers to paper, cardboard, newspaper, plastic, aluminUm, bi-
metal, steel, tin, and other items determined to be recyclable by the
County.
Section:
A defined subset of customers within the Collection Area.
Tire:
Any rubber cushioning from a wheel which will include
automobiles, trucks, bicycles, and other small vehicles, not to
exceed seventeen (17) inches.
Unit:
A location approved to have the service(s) under this Contract.
Yard Waste:
Plant material (leaves, grass clippings, branches, brush, flowers,
roots, wood waste, etc.); debris commonly thrown away in the
course of maintaining yards and gardens, including sod; and
biodegradable waste as approved by the County, but excludes
loose soil, Garbage, food waste, plastics, synthetic fibers, lumber,
human or animal excrement, or soil contaminated witir'hazardous
substances.
Section 35: County Resvonsibilities
The County shall be responsible for:
1. Making timely payments required by this Contract.
2. Inspecting Contractor performance, mediating and adjusting customer
grievances. The County may require special .and other services as
contemplated in this Contract. ~
3. Specifying each customer's level and type of collection service. .
4. Supply Carts and/or Bins as defined by this agreement.
5. Pay disposal costs as defined by this agreement.
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Solid Waste Collections Contract - Augusta Disposal
Section 40: Contractor's Resvonsibilities
The Contractor shall be responsible for:
1. Furnishing all skilled labor, equipment, materials, supplies-and utility services
required for providing all services in accordance with this Contract unless
otherwise noted within the Contract.
2. All actions and activities of its subcontractors.
3. Supplying all records, reports, and information required by this Contract.
4. Securing at Contractor's expense, all governmental permits and licenses and
required regulatory approvals (including all required by County Ordinances).
5. Timely paying of all applicable taxes,.
6. Complying with applicable laws and regulations.
7. Performing all work in a timely, professional manner.
8. All wage increases for Contractor's collectors or other employees, any
benefits or added costs resulting from changes in technology, laws,
regulations, labor, supplies, practices, availability of equipment, and other
business risks that may affect the perfoffimnce of this Contract. ~.,'
a. Should there be an extraordinary change in a law(s), rules, or regulations
related to fuel taxes, disposal fees, or the addition or imposition of solid
waste fees or taxes on services that impact the true cost of this contract,
the Contractor and/or the County shall have the right to petition for an
equitable adjustment.
Section 45: Contractors Revresentations and Warranties
1. Organization and Qualification. The Contractor is duly incorporated or
otherwise legally organized and, validly existing and in good standi~ under
the laws of the State of Georgia, and has all requisite power and authority to
enter into and perform its obligations under this Contract.
"'.
2. Authority.
a. The Contractor has the authority to execute this Contract, to make the
representations and warranties set forth in it and is appropriately skilled,
organized and financially able to perform the obligations of Contractor
under this Contract in accordance with its terms.
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Solid Waste Collections Contract - Augusta Disposal
b. This Contract has been validly executed by the authorized representatives
of the Contractor and constitutes a legally binding, enforceable obligation
of Contractor.
3. Government Authorizations and Consents. The ContractoF-J1as or will obtain
prior to the commencement date such licenses, permits, and other
authorizations from federal, state, and other governmental authorities, as are
necessary for the performance of its obligations under this Contract.
. 4. Compliance With Laws. The Contractor is not in violation of any applicable
law, ordinance or regulation, the consequence of which will or may materially
affect Contractor's ability to perform its obligations under this Contract. The
Contractor is not subject to any order or judgment of any court, tribunal, or
governmental agency which could materially and adversely affects its
operations or assets in the State of Georgia, or its ability to perform its
obligations under this Contract.
5. Accuracy of Information. None of the representations or warranties in this
Contract and none of the documents, statements, certificates or schedules
furnished or to be furnished by Contractor pursuant hereto or in connection
with the performance of the obligations contemplated under this Contract,
contains or will contain any untrue statement of a material fact or omits or will
omit to state a material fact necessary to make the statements of fact contained
therein not misleading.
6. Independent Examination. In accepting these responsibilities, the Contractor
represents and affirms that it has made its own examination of all conditions,
facilities, and properties affecting the performance of this Contract and of the
quantity and expense of labor, equipment, materials needed, and of applicable
taxes permits and laws. The Contractor affirms that within the Collection
Area/Section(s) it is aware of the present placement of collection Carts at the
curb, alley, or backyard locations, and the present location of
Handicapped/Special Needs customers. The Contractor represents and
warranties that it is capable of continuing to collect Carts from their present
locations. ~
Section 50: County Representations and Warranties",.
The County represents and warrants to the Contractor ~s follows:
1. Organization and Qualification. The County is a political subdivision of the
State of Georgia and has all requisite corporate power and authority to enter
into and perform its obligations under this Contract.
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Solid Waste Collections Contract - Augusta Disposal
2. Authority.
a. The County has the authority to execute this Contract, to make the
representations and warranties set forth in it and to perfQ.!ID the obligations
of the County under this Contract in accordance with its terms.
b. This Contract has been validly executed and constitutes a legally binding
and enforceable obligation of the County.
3. Government Authorizations and Consents. The County has such licenses,
permits and other authorizations, as are necessary for the performance of its
obligations under this Contract, and no consent, approval, or authorization of
or declaration, registration or filing with any governmental or regulatory body
is required to be obtained or made by the County as a prerequisite to its
execution of this Contract or its performance of its obligations contemplated
here by.
4. Compliance With Laws. The County is not in violation of any applicable law,
ordinance or regulation, the consequence of which will or may materially
affect the County's ability to perform its obligations under this Contract. The
County is not subject to any order or judgment of any court, tribunal, or
governmental agency which materially and adversely affects its operations or
its ability to perform its obligations under"this Contract. __,_..'
5. Accuracy of Information. None of the representations or warranties in this
Contract and none of the documents, statements, certificates or schedules
furnished or to be furnished by the County pursuant hereto or in connection
with the performance of the obligations contemplated under this Contract,
contains or will contain any untrue statement of a material fact or omits or will
omit to state a material fact necessary to make the statements of fact contained
therein not misleading.
Section 55: OSHA & Geore:ia Law Compliance - Health & Environmental
1. The Contractor shall comply with the Federal Occupational Safety an'tHealth
Act of 1970, as amended (OSHA) and the Official Code of Georgia and with
the standards and regulations issued to impl@ment these statutes from time to _
time.
2. The Contractor is also responsible for meeting all pertinent local, state and
federal health, safety and environmental laws, regulations, and standards
applying to collection of Garbage, Yard Waste, Recycling and Bulky Waste.
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Solid Waste Collections Contract - Augusta Disposal
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Section60: Vehicles Used in Collection
1. All vehicles used for collection shall be registered with the State of Georgia
Department of Motor Vehicles, and shall be kept in a clean and sanitary
condition and a state of good appearance and repair, and shall be painted in a
uniform manner.
2. All collection vehicles shall be painted by Contractor in Contractor's color(s).
Color(s) and color schemes are subject to approval by the County, in its
reasonable discretion. Vehicles shall be uniquely numbered. Contractor's
name and vehicle number shall be painted in a contrasting color, at least four
inches high on each side of the vehicle and on the rear of the vehicle. The
Contractor shall place a sign and/or text as determined by the County, which
may include a County customer service telephone number on all collection
vehicles on each side and the rear of the vehicle. All collection vehicles shall
be kept in a clean and sanitary condition.
3. All collection vehicles or personnel must be equipped witp a communication
device (i.e. cell phone or radio) which allows for immediate communication
between the collection vehicle and a supervisor, and/or the Contractor's
office.
4. Collection vehicles shall be sufficient to service all participating Units for
which they are intended to service at therrequency of collection s-!l~~i.fie~tand
able to handle special requirements of the Contract including adverse weather
and holiday overloads.
5. All vehicles used by management personnel, including route supervisors,
operations manager, etc. shall be equipped with cell phones with voice mail so
that they can be contacted by the County.
6. All vehicles operated under the authority of this Contract shall be driven in
compliance with Uniform Rules of the Road and Georgia State traffic laws
and, where applicable, the County's codes, ordinances, and rules.
7. The Contractor's collection vehicles shall be used only on this CUntract,
unless advanced written approval is given by the County. The Contractor may
use collection vehicles from other sources o};_ use Contract vehicles for other
operations only with the prior written approval of the County. Should the
County authorize either of the above mentioned approvals, at no time may
non-contract waste be included with Contract waste. This provision is subject
to Section 560.
8. The Contractor shall not park or store any collection vehicles on County
property. Should the County identify that a vehicle violates this provision; the
Contractor shall be notified by phone, fax, or e-mail. Should the vehicle not
be removed in a reasonable period, or should the vehicle become a nuisance, a
safety issue, or an operational issue, the vehicle will be towed out of the way
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Solid Waste Collections Contract - Augusta Disposal
or to the'Contractors 'shop, at the Counties 'clls.cretiori; at the sole expense of
the Contractor. Said expense will be deducted from the amount owed to the
Contractor for the current month.
9. The Contractor shall make a reasonable effort to empty, each collection
vehicle at the end of each day.
Section 62: Spare Vehicles
1. The Contractor shall have a minimum spare ratio sufficient to provide quality
service under this Contract. Spare vehicles shall be allowed to collect from
any route, collecting any material. Spare vehicles shall meet the appropriate
standards set forth herein for normal vehicles. Spare vehicles will be counted
toward the average age of the fleet.
2. The Contractor shall be responsible for ensuring that spare assets are available
for each subcontractor to meet the above stated standard.
3. When a spare vehicle is used, notification to the County must be received in
advance. The advanced notice shall include at a minimum, the date, truck
number, route it will be servicing, and commodity serviced. Other
information may be reasonably requested by the County. Advance notice type
shall be by fax or e-mail, or other reasonable communications as determined
by the County.
Section 65: One Vehicle One Purpose
Under this Contract, each collection vehicle shall be designated to collect one (1) type of
material such as Garbage, Yard Waste, Recycling, or Bulky Waste. The collection
vehicle may not be allowed to switch commodities collected. without the prior written
approval of the County.
Consideration will be given to Contractors wishing to:
1. Utilize multi-collection type vehicles.
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2. Technology and/or processing advances.
3. Bulky waste collections, as long as materiaJ.s are acceptable at the appropriate
disposal site.
4. Improve utilization of assets.
5. Other considerations as may arise.
Any consideration request must be made in writing. The County's decision to the
consideration request shall be final and binding.
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Solid Waste Collections Contract - Augusta Disposal
Section 70: DisposallV ehicle Inspections and Permits
1. The Contractor is responsible for any and all fees associated with disposal
permits, inspection fees, truck stickers, etc. These permits shall be timely
obtained and/or posted and/or may be required by a solid waste disposal site, a
licensing authority, a government, by truck, by commodity orsorIie other
item or combination.
2. The County landfill will charge a one hundred dollar ($100) annual fee for
each disposal sticker required.
3. Prior to the Start Date, and annually thereafter, the County shall have the right
to inspect all vehicles used to perform the Contract. The vehicle shall, at a
minimum, meet the Federal Department of Transportation standards, as well
as requirements listed in this Contract. A fee or reimbursement may be
collected from the Contractor for each individual inspection in an amount not
to exceed one hundred and fifty dollars ($150) per inspection. Should a
vehicle not pass inspection, the Contractor shall remedy any inspection
deficiency identified and have the vehicle re-inspected. All expenses
associated with the repair and re-inspection shall be the sole responsibility of
the Contractor.
4. The County may do random spot iIlspections as it deems~.[~~so!tCl.bly
necessary .
5. Should the vehicle not pass inspection, the vehicle shall not be used under this
Contract until the vehicle has been repaired and passes such re-inspection.
Section 75: Vehicle Specifications
1. On or before the Start Date of this Contract, all vehicles used in collections
shall be in good operating order. All collection equipment used under this
Contract shall meet all applicable state and federal safety standards:
2: At no time shall the average age of vehicles used in the collection &mtract
exceed five (5) years in age for any Contractor, the subcontractors vehicles are
attributed to the Contractor's fleet.
3. Should a vehicle use a cart tipper/dumper, ft shall be designed to empty carts
pursuant to ANSI Z245.60-1999 and ANSI Z245.30-1999. Cart
tippers/dumpers which do not meet this requirement shall not be used. If a
cart tipper/dumper is used that does not meet the above mentioned
specification, the Contractor shall be responsible for all damages to Carts to
include the cost of repair or replacement.
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Solid Waste Collections Contract - Augusta Disposal
4. All collections vehicles used to perform functions under this Contract shall be
equipped with the following in complete and sound working order:
a. Ambient noise back-up alarm. "_","
b. Back-up camera with monitor visible from any driving position.
c. A 10 pound fire extinguisher.
d. A first aid kit.
e. Minimum of three safety marking devices (flares, or reflective triangles).
f. A rear-mounted strobe light activated while collecting materials.
g. Spill kit of a size to handle operational spills.
5. All supervisors vehicles used to perform functions under the Contract shall be
equipped with the following in complete and sound working order:
a. A 10 pound fire extinguisher.
b. A first aid kit.
c. Minimum of three safety marking devices (flares, or refJective triangles).
d. Spill kit of a size to handle operational spills.
Section 80: Ownership of Equipment
1. All vehicles, facilities, equipment, and property used in the performance of
this Contract shall be wholly owned by the Contractor, provided,...that l~_l;l~es,
conditional sales contracts, mortgages, or other agreements for the use or
financing the purchase of vehicles, facilities, equipment, and property may be
allowed with the prior written approval of the County.
2. No further encumbrance shall be placed upon any such vehicles, facilities,
equipment, and property without the prior written approval of the County.
Section 85: Asset Maintenance and Inventorv
The Contractor shall provide the County, prior to the Start Date, a complete inventory
showing property, buildings, key assets, and each vehicle (make, model, type, ~acity,
age, commodity collected, truck number, and VIN) used for performing 'the Contract.
The Contractor may change equipment from time to time with the prior written approval
ofthe County, not to be unreasonably withheld. The Contractor shall maintain assets and
a vehicular fleet during the performance of the Contract at least equal substantially to that
described in the inventory.
Section 90: Traffic Laws. Noise Control
All vehicles must operate in conformity with all federal, state and local laws, rules, or
ordinances related to traffic and noise control.
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Solid Waste Collections Contract - Augusta Disposal
--. ".---_. -,-~-_.-
Section95: Contractor's Office
The Contractor shall maintain within fifteen (15) miles of Augusta, Georgia (Augusta-
Richmond County) an office with local telephone service and such staff as needed to
receive and respond to complaints, requests for missed collootions, and other
coordination with citizens and County staff. Phone service shall include phone lines and
voice mail adequate to handle the citizens' and the County's demand as reasonably
necessary, cable modem internet access or equivalent speed, as well as designated e-mail
account(s) to be used with this Contract. Any voice message or e-mail shall be responded
to/returned by the Contractor's office staff within sixty (60) minutes. Office hours shall
be 8:00 a.m. to 5:00 p.m., Monday through Friday. The office shall be open 8:00 a.m. to
noon any Saturday after a holiday, or. on any Saturday that a regularly scheduled route is
operated. The Contractor shall also provide a local telephone number where the
Contractor may be contacted at any time by the County.
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Solid Waste Collections Contract - Augusta Disposal
B. Collection Services
Section 100: Collection Area
The Contractor shall provide all collection services called for in this Gentract within the
following area:
See Exhibit A for a general overview of the Collection Area(s), however;
The County will assign and the Contractor will retain their currently awarded/designated
Collection Areas. For Contractors utilizing subcontractors, the subcontractor(s)
Collection Areas/Sections may not be altered from their existing state without the prior
written approval of the County.
The County reserves the right to request and/or negotiate with the Contractors to
swap/exchange portions of Collection Areas throughout the life of this Contract.
Section 102: Davs of Collection
The Contractor shall make all collections on the days of Monday through Friday, or as
otherwise required by County due to the nature of the services provided. Any deviations
to this shall have prior written approval from the County, and the County shall have, the
final and sole decision.
Section 104: Garbae:e Collection
Garbage shall be collected twice weekly on a set schedule:
1. The Contractor shall collect the following materials as Garbage: All
discarded waste, food, paper, glass, plastic, leather, textiles, cans, and/or other
materials normally associated with household waste.
2. The Contractor shall collect Garbage from designated Units which have been
placed in the appropriate Cart for collection.
3. The Contractor and the County may by mutual agreement establiili other
reasonable specifications regulating the size, quantity, configuration, and
placement of Garbage eligible for collection. '"
t
4. The Contractor shall exercise good faith to ensure that Yard Waste and/or
Recycling materials which a customer has properly segregated are not placed
in the collection vehicle that collects Garbage. Intentional disposal of Yard
Waste and/or Recycling with Garbage shall be subject to Section 560 of this
Contract.
5. The Contractor shall collect Garbage which is placed for collections that are in
accordance with this Contract. It shall be the Contractor's responsibility to
16
Solid Waste Collections Contract - Augusta Disposal
give notice to the County staff if it believes Garbage IS" not prepared and/or
located per the Contract specifications. Should the Contractor fail to notify
-the County about a specific Unites) that it believes does not meet the
conditions of the first sentence of this paragraph than it shall be the
Contractors responsibility to collect all such Garbage froffi"'such Units(s) as if
it was disposed of properly pursuant to the terms of this Contract.
6. If Garbage is left uncollected, the Contractor will leave an explanation (red
tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properl y pursuant to the terms of this Contract.
Section 106: Yard Waste Collection
1. Yard Waste shall be collected once every week with the first Garbage
collection of the week for the same Units.
2. The Contractor shall collect the following materials as Yard Waste: plant
material (leaves, grass clippings, branches, brush, flowers, roots, wood waste,
etc.); debris commonly thrown away in the course of maintaining yards and
gardens, including sod; and biodegradable waste as approved by the COlmty.
The Contractor shall not collect as Yard Waste loose soil, Garbage, food
waste, plastics, synthetic fibers, lumber,.human or animal excrement, or ,soil
contaminated with hazardous substances.
3. The Contractor shall collect Yard Waste from designated Units which have
been placed in piles, bundles, marked, identified, or open top cans or in a kraft
paper bag not to exceed 32 gallons in capacity. The Contractor shall not
collect Yard Waste cans, kraft bags or bundles that are in excess of fifty (50)
pounds each. The Contractor shall not collect Yard Waste that has been
placed in plastic bags.. Christmas trees will be eligible for collection as Yard
Waste, and are not required to meet the above stated standards so long as
lights and decorations have been removed.
~
4. The Contractor shall collect all Yard Waste with size limits of, not larger than
five (5) inches in diameter nor longer than five (5) feet, and stacked in piles
not to exceed five (5) feet in height, five (5) fuet in width and 10 feet in depth.
5. The Contractor and the County may by mutual agreement establish other
reasonable specifications regulating the size, quantity, configuration, and
placement of Yard Waste eligible for collection.
6. The Contractor shall exercise good faith to ensure that non Yard Waste
materials are not placed in the collection vehicle. The Contractor shall not
knowingly collect Yard Waste contaminated by fecal matter, unsegregated
Garbage, hazardous substances or other ineligible material.
17
Solid Waste Collections Contract - Augusta Disposal
7. The Contractor shall collect Yard Waste which is placed for collections that
are in accordance with this Contract. It shall be the Contractor's
responsibility to give notice to the County staff if it believes Yard Waste is not
prepared and/or located per the Contract specifications. ShGuld the Contractor
fail to notify the County about a specific Unites) that it believes does not meet
the conditions of the first sentence of this paragraph than it shalf be the
Contractors responsibility to collect all such Yard Waste from such Units(s) as
if it was disposed of properly pursuant to the terms of this Contract.
8. If Yard Waste is left uncollected, the Contractor will leave an explanation (red
tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 108: Recvclin!! Collection
1. Recyclables shall be collected once every week with the second Garbage
collection of the week for the same Units on a set schedule.
2. The Contractor shall collect the following materials as Recycling: paper,
cardboard, newspaper, plastic, aluminum~, bi-metal, steel, tin, and other}tems
determined to be recyclable by the County.
3. The Contractor shall collect Recycling from designated Units which has been
placed in the appropriate Bin for collection.
4. The Contractor and the County may by mutual agreement establish reasonable
specifications regulating the size, quantity, configuration, and placement of
Recycling eligible for collection.
5. The Contractor shall use reasonable efforts to ensure that non-recyclable
materials are not placed in the collection vehicle. The Contractor shall not
knowingly collect Recycling containing unsegregated Garbage,- Y ard...w aste,
hazardous substances or other ineligible material.
"'.
6. The Contractor shall collect Recycling which is placed for collections in
accordance with this Contract. It shall be'the Contractor's responsibility to
give notice to the County staff if it believes Recycling is not prepared and/or
located per the Contract specifications. Should the Contractor fail to notify
the County about a specific Unites) that it believes does not meet the
conditions of the first sentence of this paragraph than it shall be the
Contractors responsibility to collect all such Recycling from such Units(s) as
if it was disposed of properly pursuant to the terms of this Contract.
18
Solid Waste Collections Contract - Augusta Disposal
7. If Recycling is left uncoliected, the Contractor will'ieave an explanation (red
tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 110: Bulkv Waste Collection
1. Bulky Waste shall be collected once every week with the second Garbage
collection of the week for the same Units on a set schedule.
2. Bulky Waste refers to furniture, appliances, tires, and other items too large to
be reasonably placed into a Cart as defined herein with a size limit of, not
longer than five (5) feet, and stacked in piles not to exceed five (5) feet in
height, five (5) feet in width and 10 feet in depth, or equivalent volume.
Construction debris shall be limited to an amount that is equal to 25% of the
allowable pile by volume.
3. The Contractor shall collect Bulky Waste from designated Units which have
been placed to the curb for collection.
4. The Contractor and the County may by mutual agreement establish reasonable
specifications regulating the size, quantity , configuration, and placem~nt of
Bulky Waste eligible for collection.
5. The Contractor shall use reasonable efforts to ensure that non Bulky Waste
materials are not placed in the collection vehicle. The Contractor shall not
collect Bulky Waste containing unsegregated Garbage, Yard Waste,
hazardous substances or other ineligible material.
6. No more than two (2) tires shall be collected from any single Unit per
collection.
7. Prior to disposal of any item containing refrigerant, the Contractor shall have
had the refrigerant removed/properly recycled by a licensed- com'PanY in
business to do such work. Such proof may be required by a disposal facility,
or the County.
"'.
The removal/properly recycling of refrigenint shall be at the sole cost 9f the
Contractor.
8. The Contractor shall collect Bulky Waste which is placed for collections that
are in accordance with this Contract. It shall be the Contractor's
responsibility to give notice to the County staff if it believes Bulky Waste is
not prepared and/or located per the Contract specifications. Should the
Contractor fail to notify the County about a specific Unites) that it believes
19
Solid Waste Collections Contract - Augusta Disposal
'.'- .- .
'?does not meet the conditions of the first sentence of this' paragraph than it shall
be the Contractors responsibility to collect all such Bulky Waste from such
Units(s) as if it was disposed of properly pursuant to the terms of this
Contract.
9. If Bulky Waste is left uncollected, the Contractor will leave an explanation
(red tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 112: Additional Carts
1. The residents of the Contract Area may request one or more additional Carts
and/or Bins from the Contractor for an additional volume of collection.
2. The Contractor will be paid for extra Carts at the rate specified in Exhibit B.
3. All additional Carts and/or Bins must be approved by the County prior to
being delivered.
Section 114: Place of Collection
1. The normal collection point for Garbage, Yard Waste, Recycling' and Bulky
Waste shall be at curbside or at the right of way. Special arrangements may
be made by both the County and the Contractor on a case-by-case basis to
accommodate extraordinary situations.
2. The County on a case-by-case basis may require alley collection. If alley
collection is required, the County will work reasonably with the Contractor
and the affected customer(s) to get all services to the alley to prevent
collection from both the alley and the street.
3. The County shall monitor any collection routes or a portion of a route on a
regular basis to determine if the Contractor is placing Carts/Bins bac~n their
original locations in a neat and orderly manner after collection. Carts/Bins
shall be carefully handled by the Contractor }U1d shall be thoroughly emptied
and left substantially near to the location where it was found and standing
upright This work shall be done in a sanitary manner and the Collector shall
immediately pick up any waste spilled by the Contractor.
4. The Contractor shall provide special service(s) for those individuals who are
unable to place their Carts/Bins out for collection in the usual manner due to
being Handicapped/Special Needs at a place mutually agreeable between the
County and the Contractor. Any dispute over the correct placement for
individuals Handicapped/Special Needs will be finally determined by the
20
Solid Waste Collections Contract - Augusta Disposal
COUIIty. "rn the event that the Contractor is to provide back door service, the
property owner must sign a waiver of liability and return it to the Contractor
and the County.
5. If it would appear to a reasonable person that the Contraetor is not placing
Carts/Bins back substantially near their original locations in a neat and orderly
manner, the Carts/Bins upright, and thoroughly emptied then the Contractor
could face damages as stated in Section 560 Liquidated Damages.
Section 116: Collection from Additional Locations
The County may add additional collection points within the Collection Area at its sole
option. This could include items such as County Cans, Bus Stops, Businesses, County
Buildings, or any other locations as directed by the County.
Areas of the County that were not included iri the awarded Collection Area's may be
added to an awarded Collection Area at a later date.
Should services be required that are not called for in this Contract, the Contractor and the
County may negotiate to provide. said services at a negotiated service level and cost.
Section 120: Force Majeure Clean Up
1. The trigger event for this section shall be when the following items ale all
met:
a. The County enacts the Emergency Management Center and;
b. The Contractor is asked to provide services above and beyond the services
normally provided for by this Contract.
2. In the event of a Force Majeure that requires clean up, the County must make
all requests in writing. The Contractor shall have twenty-four (24) hours after
receipt of written notice to start the clean-up project unless Contractor can
demonstrate the timeline is unreasonable and shall finish such project ~V'ithin a
reasonable time.
3. The Contractor will be paid at the rate(s(specified in Exhibit C of this
Contract. t
4. Under this provision, the County may alter the specifications of the Garbage,
Recycling, Yard Waste, and Bulky Waste to fit the needs of the situation.
5. The Countyat its sole option may authorize the Contractor to temporarily
discontinue one type of service to provide additional resources to other service
types.
21
Solid Waste Collections Contract - Augusta Disposal
6. The Contractor shall document the resources used, time to collect, volume
and/or weight, or other statistical data as requested for each assigned project
as requested by the County.
7. To establish "normal volumes", the County will average the previous three (3)
months tonnages hauled for the specific commodities prior to the evetlt. Then
subtract that from the total Force Majeure Clean Up volumes for each month
of the clean up. This will determine the additional volumes collected, and the
monthly event tonnage that will be paid for the monthly amounts above the
three prior month's average.
8. Should the County decide to discontinue one type of service and replace it
with another; the discontinued services average volumes for the previous three
(3) months will be deducted from the Force Majeure volumes to accurately
reflect the increased volumes due to the event.
Section 122: Eviction. Vacant Lot. Special Clean-up
1. The County may require the Contractor to collect from an eviction. If the
materials are not in compliance with other provisions of this Contract the
Contractor will be paid at the rate specified in Appendix D of this Contract.
2. The County may require the Contractor-to collect from a vacant-lot. "I:f,the
Contractor collects waste from a vacant lot, the Contractor will be paid at the
rate specified in Appendix D of this Contract.
3. The County may require the Contractor to collect waste from a property as a
special clean-up. If the Contractor collects waste under this provision, the
Contractor will be paid at the rate specified in Appendix D of this Contract.
4. All materials under this section will be placed to the curb for collection.
5. The County shall make all requests in writing under this section. The
Contractor shall have twenty-four (24) hoUrs from receiving the retr--dest to
collect said materials.
6. The Contractor shall document the resourc~~ used, time to collect, volume
and/or weight, or other statistical data as requested for each assigned project
as requested by the County.
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Solid Waste Collections Contract - Augusta Disposal
.- ,
Section 124: County Clean-up Events
During the term hereof, Contractor shall provide the following Clean-up events at no
additional charges:
;""'.~--.'
1. Summer Neighborhood - IIi the Month of June, the Contractor shall provide
unlimited collection of Garbage, Yard Waste, Recycling and Bulky 'Waste so
long as the following is met:
a. Garbage shall be placed in boxes, bags, cans or other means to properly
secure it from blowing away prior to collection, and shall not exceed fifty
(50) pounds in weight per box, bag, can, etc.
b. Contractor shall collect Yard Waste which has been placed in piles,
bundles, marked, identified, or open top cans or in a kraft paper bag not to
exceed 32 gallons in capacity. . The Contractor shall not collect Yard
Waste cans, kraft bags or bundles that are in excess of fifty (50) pounds
each.
The Contractor shall not collect Yard Waste that has been placed in plastic
bags, exceeds a maximum length of (5) feet and/or has a diameter greater
than 5 inches.
2. Winter Neighborhood - In the Month df January, excluding the 111'st yeirr of
the Contract, the Contractor shall provide unlimited collection of Garbage,
Yard Waste, Recycling and Bulky Waste so long as the following is met:
a. Garbage shall be placed in boxes, bags, cans or other means to properly
secure it from blowing away prior to collection, and shall not exceed fifty
(50) pounds in weight per box, bag, can, etc.
b. Contractor shall collect Yard Waste which has been placed in piles,
bundles, marked, identified, or open top cans or in a kraft paper bag not to
exceed 32 gallons in capacity. The Contractor shall not collect Yard
Waste cans, kraft bags or bundles that are in excess of fifty (50f"pounds
each.
"'-
The Contractor shall not collect Yard Waste that has been placed in plastic
bags, exceeds a maximum length of (5)'feet and/or has a diameter greater
than 5 inches.
3. Masters Event - In the full week preceding, during and after the Masters Golf
Tournament, an unlimited amount of Garbage shall be collected so long as the
following is met:
23
Solid Waste Collections Contract - Augusta Disposal
a. Garbage shall be placed in boxes, bags, cans or other means to properly
secure it from blowing away prior to collection, and shall not exceed fifty
(50) pounds in weight per box, bag, can, etc.
Section 126: Time of Collection
The Contractor shall make collections between 6:00 a.m. and 6:00 p.m. Monday through
Friday, and 6:00 a.m. to 12:00 p.m. on Saturday if a route is run on that day unless the
County authorizes an extension of hours. Such authorizations must be in writing and be
prior to any extended hours of operation.
An additional extension of hours will be granted on the Saturday following a holiday that
is acknowledged in the Contract (Section 138). Those collection hours shall be 6:00 am
to 6:00 p.m.
Section 128: Scheduline: of Collection
1. For collection of Garbage, the Contractor shall divide the Collection Area into
two reasonably equal collection sectors, with one sector to be collected each
Monday and Thursday, and the other sector collected each Tuesday and
Friday.
2. The two collection sectors shall be bounded by natural boundaries, s~ch as
bodies of water, major highways or arterials when at all pos-sible.Any
boundaries that are on secondary or residential roads shall be divided on the
back of property lines to ensure both sides of the street are collected on the
same day and route. Collections shall be made from Units on a regular
schedule on the same day at approximately the same time.
3. Not less than thirty (30) days prior to the start date of this Contract, the
Contractor shall supply the County with a map of the Collection Area showing
the day(s) of the week for which Garbage, Yard Waste, Recycling and Bulky
Waste shall be collected from each sector. Each sector shall be labeled with
the day of collection. A second map shall be created for each sector that shall
include route boundaries, route numbers, and the truck numbers tlmt will
normally collect the route for each commodity/service. Maps must be
generated in a format acceptable to the COU1J~y. Maps must be defined well
enough, with enough detail, that County staff may electronically recreate said
maps. t
4. At least thirty (30) days prior to the start date, the Contractor will notify all
Units by direct mail or door hanger, to the service address, of the collection
day(s) services will be performed. Notifications shall be in a pre-approved
format.
24
Solid Waste Collections Contract - Augusta Disposal
5. Should the Contractor wish to alter routes or clays of collection, the Contractor
shall provide the County at least twenty one (21) days' notice. Any customers
affected by a day change must be notified at least seven (7) days prior to the
change via direct mail or door hanger to the service address, and all changes
will be made in the first full week of a month. The Contractor shall provide
the County an electronic listing of the changes at least seven (7) days prior to
the date of the change. The form of notice to the customer shall be subject to
the approval of the County
6. The County shall have .the opportunity to review and approve any and all
routes, day of collection changes or any other changes effecting service and
schedules. All requests to alter the current service or schedule shall be made
in writing. After approval and before implementation, the County shall
receive updated maps of the Collection Area indicating the changes in service
and/or schedule at a level equal to those listed above.
Section 130: Work on County Property
The Contractor will ensure that its employees shall, whenever on the County's property,
obey all instructions and directions issued by the County to include posted signs. The
Contractor agrees that its personnel and the personnel of its subcontractors will comply
with all rules, regulations and security procedures of the County when on County
property.
Section 132: Disposal and Recycline: Locations
1. The Contractor shall deliver all Garbage collected under this Contract to the
County's Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805,
or such other locations as the County may designate, and shall deposit the
material collected in the manner directed.
2. The Contractor shall deliver all Yard Waste collected under this Contract to
the County's Landfill located at 4330 Deans Bridge Road, Blythe, Georgia
30805, or such other locations as the County may designate, and shall deposit
the material collected in the manner directed. ~
3. The Contractor shall deliver all Recycling coHected under this Contract to the
County's Landfill located at 4330 Deans Bridge Road, Blythe, Georgia 30805,
or such other locations as the County may designate, and shall deposit the
material collected in the manner directed.
4. The Contractor shall deliver all Bulky Waste collected under this Contract to
the County's Landfill located at 4330 Deans Bridge. Road, Blythe, Georgia
30805, or such other locations as the County may designate, and shall deposit
the material collected in the manner directed.
25
Solid Waste Collections Contract - Augusta Disposal
- -
5. Aft Items -collected and required to go to the CountY's Landfill shall be
delivered Monday through Friday by 5:00 p.m. and Saturday by 12:00 p.m.
6. No disposal fees shall be charged for disposal of Garbage, Yard Waste,
Recycling or Bulky Waste. The County shall bear all cost{s) associated with
disposal.
7. The County has the right from time to time to change the hours of operation at
the County's Landfill.
8. The County has the right from time to time to change the disposal facility for
any given commodity which may have different hours of operation than the
current disposal facility.
9. Should the County elect to change the disposal facility/location, which causes
a significant cost increase to the Contractor, the Contractor may petition the
County for an equitable adjustment. If the change in the disposal
facility/location causes a significant cost decrease to the Contractor, the
County may petition the Contractor for an equitable adjustment.
10. The Contractor shall require that all personnel who exit any vehicle at the
Landfill or other disposal facility must wear a "hard hat" at all times and high
visibility clothing as set fourth in Section:220.
11. Any time that materials are not disposed of at the Landfill located at 4330
Deans Bridge Road, Blythe, Georgia 30805, documentation of disposal will
be required. Documentation needs will be set by the County but could include
items such as yardage, tonnage, date, time, ticket number, copies of tickets,
etc.
Section 134: Ownership of Materials Collected
Collected Garbage, Yard Waste, Recycling, and Bulky Waste shall be the property of the
Contractor until the collected Garbage, Yard Waste, Recycling, and Bulky Waste is
disposed of at the assigned disposal facility. Once materials are disposed O'f-at the
assigned disposal facility, the materials collected shall be the property of the County or
owner of said disposal facility, subject to the right of a c'ystomer to claim lost property of
value.
Section 136: Scavene:ine:
No "scavenging" by the Contractor, Subcontractor(s) or any of their employees shall be
allowed. Scavenging means sorting through Garbage, Yard Waste, Recycling, or Bulky
Waste while collecting, looking for items of possible value or picking out individual
pieces for reuse while loading or unloading. Scavenging excludes searches by the
original owners for valuables accidentally misplaced or that may be lost.
26
Solid Waste Collections Contract - Augusta Disposal
Section 138: Holidav Schedule
The Contractor shall provide collection services on all legal holidays except New Years
Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. Material
regularly scheduled to be collected Thanksgiving Day shall be collected on Friday, the
day after Thanksgiving. Friday's material shall be collected on Saturday. If Christmas,
New Years Day, Memorial Day, Fourth of July, or Labor Day falls on a regularly
scheduled workday, collections will be delayed one day and Friday's' materials shall be
collected on Saturday. Should a holiday fall on a Saturday or Sunday, no adjustments
will be made. Waste will be collected on the regular schedule on the following week.
The Holiday Schedule may be amended from time to time, to meet the needs or wishes of
the County.
Section 140: Service Disruptions Due to Weather
Service disruptions due to weather shall occur when one (1) or more of the following
events. have occurred.
1. The County closes for a weather related issue.
2. The County notifies the Contractor of the County's wish to have the
Contractor suspend services for weather related issues. .,
3. The Contractor notifies the County of the Contractors wishes to suspend
services for weather related issues. The County shall reasonably evaluate the
situation, and make a determination of such conditions.
When snow or ice or other weather conditions prevent collection on the scheduled day,
the Contractor shall make collection on the next weekday. If such conditions continue
for a second consecutive day or more, the Contractor shall, on the first day that regular
service to a customer resumes, collect all the materials that the customer is authorized to
have, i.e. if one collection day is missed and the customer is on 95 gallon'service, the
Contractor shall collect 190 gallons of material. On the day that collections res&."ile, the
Contractor shall take bags, boxes, and other secure wrappers, and shall empty temporary
receptacles that customers have used when the collectiol1,Carts/Bins have been filled.
Section 142: Service Disruptions - Non Weather
A number of collection impediments may require special efforts to accomplish collection
under this Contract.
27
Solid Waste Collections Contract - Augusta Disposal
LOn-street Parking
Certain neighborhood streets allow "on-street parking" which may present
impediments to curbside collection services. The Contractor shall perform
collection services even if the curb is blocked.
2. Blocked Streets/Renovations/Construction
When closure of roadways providing access, blocked streets or other
disruption beyond the Contractor's control prevents timely collection on the
scheduled day, the Contractor shall attempt collection later on that collection
day. If collection is still not possible, the Contractor must notify the County
prior to 4:30 p.m. on the day of service. The Contractor must provide to the
County the reason collection was unachievable and the Unites) block range,
street name, as well as the times that collections were attempted. If collection
was not possible, the Contractor shall provide service on the next business
day. .
Section 144: Missed and Make-up Collections
1. Should the Contractor fail to make a collection on a scheduled day for causes
within the Contractor's control, the Contractor shall make a special make-up
collection by the end of the same business day, if notification of the missed
collection is received by noon that business day, if notificatiorris'-rec"cived
after noon, a make-up collection shall be scheduled for the following business
day with collection of the miss to be completed by noon. For the purpose of
Section 144, the "business day" includes Saturday.
2. Notwithstanding the foregoing, the County may require the Contractor to do
the following:
a. Authorize the Contractor to defer the collection and authorize the
customer to place a proportionally larger amount of waste on such
customers next scheduled collection day, and to accommodate such
disposal, the Contractor shall take bags, boxes, and other secure Witappers,
and shall empty temporary receptacles that customers have used when the
collection Carts and/or Bins have been filled.
"'-
3. It shall be a defense to a missed collection that the customer had not made
timely placement of his or her waste out for collection; that placement did not
comply with provisions of this Contract, or that materials collected did not
comply with provisions within this Contract, provided that the Contractor
shall have left an approved printed tag (red tag) on all material left because it
was not properly prepared, it was overweight, or for other reasons. If
Garbage, Yard Waste, Recycling or Bulky Waste is left uncollected, the
Contractor will leave an explanation (red tag) to help the customer correct the
28
Solid Waste Collections Contract - Augusta Disposal
problem and avoid it in the future. Should the Contractor faifto leave a red
tag for the customer, it shall be the Contractors responsibility to collect all
such wastes left behind as if it was disposed of properly pursuant to the terms
of this Contract.
4. Should the customer have failed as outlined above, the County may require
the Contractor to do the following, provided that the customer has resolved
said issue:
a. Authorize the Contractor to collect and authorize the customer to place a
proportionally larger amount of waste on such customers next scheduled
collection day, and to accommodate such disposal, the Contractor shall
take bags, boxes, and other secure wrappers, and shall empty temporary
receptacles that customers have used when the collection Carts and/or
Bins have been filled. This provision shall exclude Yard Waste and Bulky
Waste.
5. The Contractor, no later than 10:00 a.m. the next business day, must notify the
County of any collections the Contractor has refused or been unable to make
the previous day. It shall include the address, time of attempted collection,
and reason for non-collection. This list shall be referred to as. the Exception
List "EL".
6. If the County transmits a "miss" complaint to the Contractor whrch.is Oil" the
EL, and it is a miss which the Contractor should not collect due to the fact that
the material is overweight or contains material that should not be collected
and a red tag was properly left, the Contractor shall note on the miss that the
address is on the EL and note the reason that is was not collected and return
the miss complaint to the County within two (2) business hours of its receipt,
and the miss shall not be collected.
7. All miss complaints transmitted to the Contractor on Friday must be collected
by noon on Saturday. If it appears to the County that the Contractor is not
collecting these misses by noon Saturday, the County has the option of
contracting with another collection firm to collect these misses. The--eost of
this option will be deducted from the Contractor's payment.
8. This section applies to omitted collections ~'f a single Unit, a row of Units
and/or an entire route.
9. Failure to comply with the above stated provisions shall have Liquidated
Damages as stipulated in Section 560.
j
29
Solid Waste Collections Contract - Augusta Disposal
Section 146: Contract Carts
1. The Contractor shall provide all Garbage carts for this Contract. A specific
rental rate will be charged for each Cart used under this Contract for the
current month. The cart rental rate will be the monthly rcate as specified in
Exhibit B of this Contract
2. At the end the initial Contract period, the Contractors Carts shall become the
property of the County free and clear, with no further encumbrance due.
3. Should the County elect to replace the Contractors Carts with Carts provided
by the County, at any point in the Contract, the Contractor shall promptly
remove their Carts and replace them with the Carts provided by the County.
Once Carts are received by the Contractor, no further rental rates may be
charged for the Contractors Carts as defined above.
4. Should the County elect to replace the Contractors Carts, the Contractor will
be paid a proration for the month in which the (County owned) Carts were'
received by the Contractor. The proration amount for each Cart received by
the Contractor shall be calculated by taking the monthly Cart rental rate in
Exhibit B and dividing it by thirty one (31) days, then multiplying that number
by the number of days from the first of the month until the date the Cqunty
Carts were received by the Contractor multiplied by the number of Carts
received. Prorations and implementation-amounts will be paid as follows::
a. 0-100 Cart(s) received, the Contractor shall be paid the proration amount.
b. 101-200 Carts received, the Contractor shall be paid the proration plus
seven (7) days from the date of receipt.
c. 201-300 Carts received, the Contractor shall be paid the proration plus
fourteen (14) days from the date of receipt.
d. 301-400 Carts received, the Contractor shall be paid the proration plus
twenty one (21) days from the date of receipt. ~
e. In excess of 400 Carts received, the Contractor shall be paid the proration
plus thirty (30) days from the date of receipt.
t
Example: See Attached Example Below
Section 148: Supplvine: Garbae:e Carts
1. The Contractor will supply the Customers with Carts for distribution to the
Customer. Carts will be a water-tight plastic container that is provided by the
Contractor, that shall not be less than 95 gallons in capacity, fitted with a
30
Solid Waste Collections Contract - Augusta Disposal
sturdy handle, roll able and a tight fitting lid, for 'the purpose of collecting
Garbage.
2. Carts for new customers shall be delivered within two (2) days of notification
from either the customer or the County. Carts will be de-li-vered in a clean,
sanitary, working condition.
3. The Carts shall be provided with instructions of proper use, including any
customer actions that would void manufacturer's warranties, such as
placement of hot ashes in the Cart causing the Cart to melt, and procedures to
follow to minimize potential fire problems. A pamphlet explaining the dos
and don'ts, program requirements, directions for placement of the Cart, and
notification of the day of the week when the customer will receive collection
will be provided with each Cart.
4. The pamphlet containing the dos and don'ts, program information and the
directions for placement shall be supplied by the County.
5. No other cans or Carts may be placed into service unless approved by the
County or as otherwise noted in the Contract.
6. Should a customer require a replacement Cart due to loss, stolen or damage,
the Contractor has two (2) days to replace the Cart with a Cart in ~lean,
sanitary, working condition. A list of lost or damaged Carts will-be-.provided
to the County with the Monthly Report, to include address so the County may
bill the appropriate party. The Contractor is responsible for all repairs to
Carts. Only factory or approved parts may be used to repair said Carts. Any
damaged Carts, which are owned by the County, that can not be repaired by
the Contractor shall be returned to the County so they may follow the
warranty process.
7. If a customer discontinues service, the Contractor has two (2) days to collect
the Cart.
8. All Carts physically returned to the County shall be clean, sani~nd in
working condition, unless being returned for damages beyond repair, then the
Cart must be returned clean and sanitary.
Section 150: Supplvine: Recvcline: Bins
1. The County will supply the Contractor with Bins for distribution to the
Customer. A bin is a water-tight plastic container that is provided by the
County, that shall not be less than 65 gallons in capacity, fitted with a sturdy
handle, roll able and a tight fitting lid, for the purpose of collecting Recycling.
31
Solid Waste Collections Contract - Augusta Disposal
2. BinsPfor new customers shall be delivered witlllntWo(2.) days of notification
from either the customer or the County. Bins will be delivered in a clean and
sanitary condition.
3. The Bins shall be provided with instructions of proper use, including any
customer actions that would void manufacturer's warranties, such as
placement of hot ashes in the Bin causing the Bin to melt, and proceaures to
follow to minimize potential fire problems. A pamphlet explaining the dos
and don'ts, program requirements, directions for placement of the Bin, and
notification of the day of the week when the customer will receive collection
will be provided with each Bin.
4. The pamphlet containing the dos and don'ts, program requirements and the
directions for placement shall be supplied by the County.
5. No other cans or Bins may be placed into service unless approved by the
County or as otherwise noted in the Contract.
6. Should a customer require a replacement Bin due to loss, stolen or damage,
the Contractor has two (2) days to replace the Bin with a Bin in clean,
sanitary, working condition. A list of lost or damaged Bins will be provided
to the County with the Monthly Report, to include address, so the County may
bill the appropriate party. The Contractor,,is responsible for all repairs to Bins.
Only factory or approved parts may be used to repair said Bins. Any"danl'dged
Bins that can not be repaired by the Contractor shall be returned to the County
so they may follow the warranty process.
7. If a customer discontinues service, the Contractor has two (2) days to collect
the Bin.
8. All Bins returned to the County shall be clean, sanitary, and in working
condition, unless being returned for damages beyond repair, then the Bin must
be returned clean and sanitary.
Section 152: Cart/Bin Storae:e
~
The Contractor shall provide storage space for carts ~p.d bins. The Contractor shall
provide enough space to store the equivalent of two and a half percent (2.5%) of the total
number of units serviced for the Collection Area for ea'ch type of Cart and Bin offered or
cumulative total there of.
Example
Contract Area has 5,000 units, then the Contractor shall store up to 125 garbage Carts and
125 recycling Bins = 250 total carts/Bins stored.
32
Solid Waste Collections Contract - Augusta Disposal
Section 154: Minimum Cart/Bin Percentae:e
The Contractor shall keep a minimum inventory of one half of one percent (~%) of each
size Cart and Bin used under with this Contract.
Section 156: Cart/Bin Replacement Cost
The County shall have the right to charge the Contractor for the cost of repair or
replacement of Carts and/or Bins which are owned by the County, if such repair or
replacement is required as a result of abuse or damage caused by the Contractor. The
County shall have additional rights to charge the Contractor for the cost of replacement
Carts and/or Bins, if such replacement is required as a result of fire or theft caused by the
Contractor, or on/from Contractors property.
A list of lost, damaged, destroyed, or stolen Carts/Bins will be provided to the County
with the Monthly Report so the County may bill the appropriate party. The Contractor is
responsible for all repairs to Carts/Bins. Any damaged Bins that can not be repaired by
the Contractor shall be returned to the County.
Section 158: Delinquent and Closed Accounts
The Contractor shall discontinue any and/or all collection services at any Unites) as set
forth in a written notice sent by the County. Upon further written notification by the
County, the Contractor shall resume any and/or all collections on the next'-regli~arly
scheduled collection day.
Section 160: Meetine:s and Communication
In order to minimize problems during implementation of the Contract, to provide a forum
for discussing and resolving any operational questions or issues that may arise, and for
updating the Operations Plan the parties agree to meet on a regular basis as follows:
1. The period from the date the Contract is awarded until six months after the
actual collection services begin (or such earlier date as may be mutually
agreed to by the parties) shall be referred to as the "Implementation~ase".
During the implementation phase, meetings shall be held between
representatives of the parties on a weekly basis, or on such more or less
frequent basis as may be mutually agreed. "'- The primary purpose of such
meetings shall be to develop and/or refine tl1e Operations Plan, to evaluate the
Contractor's performance in implementing the Contract, to evaluate Cart and
Bin delivery progress or problems, to air and seek resolution of complaints, to
discuss any actual or perceived problems with service, and to discuss
promotion, public information and public relations.
33
Solid Waste Collections Contract - Augusta Disposal
-- ~ -
2. After the Implementation Phase, meetings shall be lielcf at least on a quarterly
basis, unless otherwise mutually agreed to, between representatives of the
parties. Such meetings shall be held for the purpose of reviewing and
discussing day to day operations, promotion, public information, and public
relations. "',>'
3. Meetings shall be held at the offices of the County unless otherwise' agreed.
Each party shall be available for at least 90 minutes per meeting, unless
otherwise agreed in advance. Meetings shall be held during normal business
hours.
Section 162: Proe:ram Information Durine: Contract Start-Up
All items listed below may be generated by the County. Prior to the start date of the
Contract, the Contractor shall deliver to all Units receiving services, the materials created
by the County to address issues such as the following. This list may not be all inclusive.
1. Materials to be collected and how such materials are to be prepared.
2. Date that the customer shall begin using the new CartlBin that was delivered.
3. Cart and material placement information.
4. Contractor's telephone number that customers should call foraddhwnal
information or for questions.
5. Telephone number of the County department that customers can call for
additional information or for questions.
The Contractor shall be responsible for informing the Customer of the Collections
schedule for each Unit serviced prior to the start date. The format of said information
shall be printed, and delivered to each service address via door hanger or other approved
format. The Contractor shall have approval from the County prior to any distribution of
these materials.
~
The above information may further be required to be attached to any new Cart/Bin
delivered or anytime that a Cart/Bin is delivered to a customer.
""
The County shall approve all customer information materials, promotions, and
educational activities and materials developed by the Contractor in advance of their
production, implementation, or distribution. All public information materials will
conform to the County's guidelines and include the County's identity.
34
Solid Waste Collections Contract - Augusta Disposal
C. Manner of Collection
Section 200: Contractor's Responsibilities
The Contractor shall be responsible for furnishing all labor, materials, equipment, and
supervision necessary to perform the collection, processing, and other items described in
this Contract.
Section 210: Employee Conduct
1. The Contractor is responsible for providing supervision necessary to ensure
that collection employees are courteous, exercise due care, do their work
without delay, minimize noise, avoid damage to private property, close and
relock all gates and doors that they open, and if on private property, follow the
regular pedestrian walkways and paths, and not cross flower beds, lawns or
through hedges. While collecting, employees shall wear or carry
identification supplied by the Contractor. The identification shall be subject
to approval of the County.
2. When the County identifies unsatisfactory conduct by an employee and the
County notifies the Contractor of such conduct, the Contractor shall take
remedial action. The remedial action shall be appropriate to the leyel of
unsatisfactory conduct, provided that if the County requests of theeontfactor
that an employee be suspended from further work on the Contract for
unsatisfactory conduct, the Contractor will permanently remove the employee
from further work on the Contract.
3. The Contractor will notify the County of remedial action taken in its monthly
reports.
4. The County will cooperate with the Contractor by supplying to the Contractor
the names and contact information, when known, of the complainant as well
as known witnesses.
......
5. Through the process identified above, the County will have the sole right to
require the removal and replacement of sucg. employee(s) by the Contractor
and/or subcontractors. The County shall exercise such right by providing
written notice to the Contractor via U.S. Mhil, fax or email. Such notice will
include the County's reason for the request.
6. The Contractor will replace any personnel who separate from Contractors
employment with equivalently qualified persons. The Contractor will replace
such personnel as soon as reasonably possible, and in any event within thirty
(30) days after the Contractor receives notice that an employee will be
leaving.
36
Solid Waste Collections Contract - Augusta Disposal
7. The term "personnel" shall include all staff provided by the Contractor or its
subcontractors who have worked or perform services under this Contract.
Section 220: Emplovee Uniforms.
1. Employees who perform collections or who supervise collection activities
shall wear a uniform. Uniforms shall be of similar type and color for
collections employees. Supervisors shall have some differing uniform
characteristic to identify such authority (such as a different color shirt or
notation on their name badge).
2. The uniform shirt shall be worn buttoned up within one button of the top
button and tucked into the pants/shorts. The shirts must be kept in a clean
professional manner. Shirts must remain free from rips, holes and stains. T-
Shirts are allowed, so long as they meet all other Contract provisions. Tank
tops and sleeveless shirts are not allowed.
3. The uniform must comply with a minimum standard of the American National
Standards Institute "ANSI" class II requirements for visibility. Should the
Contractor elect a uniform that does not meet this criteria, then a high
visibility alternative (such as a vest) meeting the minimum standard of ANSI
class II shall be worn at all times while Gollecting and disposing of m8;terials
under this Contract.
4. The uniform pants/shorts shall be worn above the hips and should have a
length not less than one (1) inch above the knees. Pants/shorts must be kept in
a clean professional manner. Pants/Shorts must remain free from rips, holes
and stains. All pants/shorts must be hemmed and have a finished look.
5. The uniform outerwear must comply with a minimum standard of ANSI class
II requirements for visibility. Should the Contractor elect outerwear that does
not meet this criteria, then a high visibility alternative (such as a vest) meeting
the minimum standard of ANSI class II shall be worn at all limes while
collecting and disposing of materials under this Contract. ~
6. All uniform shirts and outerwear shall hav~_ the company name placed in a
conspicuous place. In addition, supervisors shall have the word "supervisor"
placed in a conspicuous place. ·
Section 230: Spillae:e
1. The Contractor shall pick up any material scattered or spilled during
collection by the Contractor and clean up the area affected within three (3)
hours of notification of the incident. Each truck shall carry equipment (such
as a broom, shovel spill kit, etc) for this pUrpose.
37
Solid Waste Collections Contract - Augusta Disposal
2. The Contractor shall immediately, or within one (1) hour of notification,
commence clean up of any paint, hydraulic, transmission, or other oil spill, or
commence clean up of any spillage which creates a hazardous condition (such
as spillage involving glass). For any hazardous spill, the-Contractor must
notify the County immediately.
3. Failure to comply with these requirements IS subject to Section 560
Liquidated Damages.
Section 240: Damae:e Claims
1. The Contractor shall be responsible for any damages to real property, personal
property and personal injury to the extent caused by negligent or willful acts
or omissions and is caused in whole or in part by the Contractor, its
employees, agents, or subcontractors in performing work under this Contract.
2. The Contractor shall notify the County immediately of any damages and/or
damage claims as set forth in the section above, and shall indemnify and hold
harmless the County for same. Written notice of any damages and/or damage
claims shall be provided to the County within two (2) days, and shall include
the name, address, telephone number, description of incident, witness'
information and the description of the remedy. The Contractor shall actively
work to resolve the claim timely, timely- shall mean within ten (to'~woi'king
days after the Contractor has received notice of damages. Claims shall be
resolved within thirty (30) days. For extenuating circumstances, upon written
request from the Contractor, the County at its sole option may extend the
above mentioned time period. If the damage claim is deemed as Contractors
responsibility by law enforcement, their designee, or independent
individual/organization trained to investigate such items and is not resolved
within the applicable period, the County may take any action it deems
necessary to make the injured party whole and deduct the same from amounts
due the Contractor.
Section 250: Customer Grievances
~.
The Contractor will designate a representative to adjudis~te customer grievances. At the
County's request, the representative will join the County in meeting with an aggrieved
customer within 24 hours of notification to resolve a Complaint about spillage, a refusal
to serve or a missed pick-up and/or other deficiency in service or a need for
handicapped/special service or other specific Contract provisions.
38
Solid Waste Collections Contract - Augusta Disposal
D. Reporting/Information Requirements
Section 300: Report/Information Specifications
Throughout the life of this Contract a series of reports and information will be required
by the Contractor. These reports and information are called for throughout the Contract.
The County reserves the right to dictate format, style and to the extent possible,
standardization of all reports and information required under this Contract. The County
may require reports in hard copy and/or electronic copy for any and all reports. Listed
below is a guide to some of the reports/information included in this Contract. This list
may not be inclusive of the reports or information required by the Contractor under this
Contract. The County further reserves the right to alter the reporting requirements from
time to time.
1. Spare vehicle utilization - (Section 62)
2. Asset Inventory List (Section 85)
3. Handicapped/Special Needs - as needed (Section 114)
4. Force Majeure Clean-Up - as needed (Section 120)
5. Eviction, Vacant Lot, Special Clean-Up;;..; as needed (Section 122t""
6. Disposal and Recycling - as needed (Section 132)
7. Service Disruption - as needed (Section 142)
8. Red tag, not out, etc. - daily (Section 144)
9. Lost and/or Damaged Carts (Section 148 and 150)
10. Employee remedial action - (Section 210)
~
11. Damage Claims - (Section 240)
'..J
12. Service increase/decrease - (Section 410)
13. CPI increase - (Section 430)
14. Equal Employment - (Section 600 and 610)
15. DBE - (Section 630)
16. Emergency Plan - (Section 700)
39
Solid Waste Collections Contract - Augusta Disposal
E. Compensation
Section 400: Payment for Collection Services
1. The County shall pay the Contractor monthly for all collection services under
this Contract. Payment shall be based on the number of Units collected that
are receiving Garbage service in the Contract Area.
2. A Unit will be "billable" in the current month if the Unit starts services on the
1 st through the 14th day of the month. The Unit will be "billable" the
following month if the Unit starts services on the 15th through the 31 st day of
the month.
3. Should a Unit sit vacant/idle, and no service rendered for a full month, then
that Unit shall not be "billable" and. should be removed from the Contractors
monthly invoice and service list.
4. The County shall deduct any assessments due from the payment owed to the
Contractor.
5. The County shall add additional moneys owed for additional servIces
provided for under this Contract.
Section 410: Payment Procedure
1. The Contractor shall generate and submit a service listing of all current
customers, including service address and Cart/Bin numbers, which meets the
definition(s) provided by the Solid Waste Department, which is at least 99%
accurate by November 1,2005.
2. The Contractor shall maintain its service listing with at least 99% accuracy,
listing any service increases or decreases meeting the above stated
requirements for the month of December, 2005.
~
3. The Contractor shall submit a monthly invoice to the County within five (5)
business days from the end of the month. The invoice shall be for services
performed in the previous month at a Unit Pri~e for that period of the Contract
as outlined in Exhibits B, C, and D, as well as Section 400 and other
provisions in this Contract.
4. The Contractor shall submit a monthly list of all service increases or decreases
to the number of Units as defined by this Contract along with the above stated
invoice. The Contractor is required to supply the date the Unit went into
service, the address of the Unit, and any Cart/Bin numbers. The net difference
will either be added to or subtracted from the prior months final Unit count.
40
Solid Waste Collections Contract - Augusta Disposal
5. The County shall pay the Contractor within thirty (30) days of receipt of an
undisputed invoice.
6. Payment requests shall be accompanied by:
b. Data supporting the payment request to include a Unit listwiih name,
service address and Cart/Bin number(s) as necessary to substantiate the
Contractors right to remittance of the amounts invoiced.
c. Certification from the Contractor that it has fully and properly performed
all items of the work covered by the payment request, that all insurance
and bonds required are in full force and in effect, and all subcontractors
and suppliers have been paid from previous requests, and that the
Contractor is not in default of any provision of the Contract.
d. Certification from the Contractor that it has fully and properly met all
obligations under the reporting requirements sections of the Contract, and
has done so fully and honestly.
e. Payment for services will not be paid until the above mentioned items
have been received.
7. Should the County dispute any portion. of the invoice, it shall within'thirty
(30) days of receipt of the invoice, provide the Contractor with a detailed
itemized list of such objections.
Section 420: Contract Unit Price
See Exhibit B.
Section 430: Adiustments
1. CPI Adjustment
~
a. The Contractor shall be entitled to one hundred percent (100%) of the
actual percentage change in the CPI (as hl~.reinafter defined).
b. The "CPI". Means the Consumer Price Index for All Urban Consumers
("CPI-U"), Atlanta, Georgia - Atlanta, Georgia, All Items, 1982-1984
equals 100, published by the United States Department of Labor, Bureau
of Labor Statistics ("BLS"), or its successor. If BLS designates an index
with a nes title or code number or table number as being the continuation
of the index cited above, the new index will be used, or if no new index is
designated, the most nearly compatible index shall be used.
41
Solid Waste Collections Contract - Augusta Disposal
2. General conditions for adjustments.
a. The CPI Index percentage change will be determined from January 1st to
December 31st of the previous year, with an implementation of the
increase on June 1st, and every June 1st thereafter with"the first increase
starting in June of2007.
b. The Contractor must notify the County in writing by March 31st of each
year beginning March of 2007, of the amount and percentage of any rate
adjustmen.t allowed under this section. If timely notice is not received by
the County, no increase will be allowed for that year.
c. In any event, the adjustment will be limited to a maximum increase or
decrease of four percent (4%) annually.
Section 440: Wae:e Increases for Emplovees
All wage increases for collectors or any other employees of the Contractor granted during
the term of this Contract shall be the sole responsibility of the Contractor. Any benefits
or added costs resulting from changes in technology, laws and regulations, labor
practices, availability of equipment, and other foreseeable business risks that may affect
the performance of this Contract shall be the Contractor's advantage or expense
respectively, except noted herein.
.. .--" ':""->'
Section 450: Withholdine: and Payment of Tax Liens and Jude:ments
The County may withhold and pay to the United States of America or to any federal
court, or the State of Georgia or any state court, the amount claimed in a levy filed by the
United States Internal Revenue Service or the Georgia State Department of Revenue,
respectively, the amount directed by a writ of garnishment, writ of attachment, or writ of
execution or by an order of a Bankruptcy Court, and/or by any court order, each for
monies claimed from the Contractor. When presenting such an order, the County may in
its discretion institute interpleading proceedings. The County may make a payment in
conjunction with the interpleaded action to the appropriate court. Payments' so made or
deposited into the registry of the court shall be satisfaction of payment duNo the
Contractor.
42
Solid Waste Collections Contract - Augusta Disposal
F. Security, Liability, Damages
Section 500: Payment Bond
\.:'"--,"\.;~
1. The Contractor shall furnish the County a bond with a corporate surety
acceptable to the County in the amount equal to twenty five (25%) of the
annual Contract amount. The bond shall be valid and non-cancelable for a
period not less than one (1) year and the Contractor shall provide a new bond,
or evidence satisfactory to the County of the renewability of the current bond
at least forty five (45) calendar days before it expires.
2. The initial payment bond must be in place fifteen (15) days prior to the Start
Date of the Contract.
3. The bond shall be for the use and benefit of the County, with a surety
company authorized to do business in the State of Georgia and acceptable to
the County. Said bond shall be conditioned that should such Contractor
faithfully pay all laborers, mechanics, subcontractors, material men, and all
persons who shall supply such Contractor or subcontractors with provisions
and supplies for the performance of this Contract, said bond shall be null and
void and shall be further conditioned that any person( s) performing such work
or services, said bond shall contain appropriate recitations that it is ~ssued
pursuant to this Contract. ,_n
Section 510: Performance Bond
1. The Contractor shall furnish the County a bond with a corporate surety
acceptable to the County in the amount equal one hundred percent (100%) of
the annual Contract amount. The bond shall be valid and non-cancelable for a
period not less than one (1) year and the Contractor shall provide a new bond,
or evidence satisfactory to the County of the renewability of the current bond
at least forty five (45) calendar days before it expires.
2. The initial payment bond must be in place fifteen (15) days prior to the Start
Date of the Contract.
"'-
3. The bond shall be for the use and benefit of the County, with a surety
company authorized to do business in the State of Georgia and acceptable to,
the County. Said bond shall be conditioned that should such Contractor
faithfully perform each and every term, condition, and provision of this
Contract, said bond shall be null and void and shall be further conditioned that
any person( s) performing such work or services, said bond shall contain
appropriate recitations that it is issued pursuant to this Contract.
43
Solid Waste Collections Contract - Augusta Disposal
- . .-
Section 520: Default of Contractor
1. This section is independent, notwithstanding any other provisions of this
Contract. The Contractor may be held in default of the Contract in the event
the Contractor:
a. Fails to perform ninety percent (90%) of the collections required by this
Contract and appears, to the County, to have abandoned the work, or to be
unable to resume collections within forty-eight (48) hours.
b. Has failed on any occasion of two (2) consecutive working days, in any
year, or ten (10) days in a calendar year to perform the collections required
by the Contract; except as provided in Section 140.
c. Fails to comply with the terms of Section 600 through 640 upon written
notice by County with 15 days to cure. Said cure period will only apply to
the first offense of similar offenses.
d. Fails to furnish and maintain a Performance and/or Payment Bond per
Section 500 and 510.
e. Fails to furnish and maintain the Insurance requirements per Section 540.
f. Fails to be granted and/or receive prior written approval ohrcharige of
control or other provision as defined in Section 875.
g. Repeatedly neglects, fails, or refuses to comply with any of the terms of
the Contract, after having received notice of its obligation to do so.
2. To initiate proceedings under this Section, the County shall give notice to the
Contractor and its surety. Within 7 days, Contractor may demand a at which
the Contractor may show cause why it should not be declared in default or
why it should be given the opportunity to cure said default. In the event the
Contractor fails to show, to the reasonable satisfaction of the Comity, why the
Contractor should not be declared to be in default of this Contract, th&>€ounty
may make a declaration of default. In evaluating whether to make such a
declaration of default, the County shall, in it~. discretion, consider the severity
of the alleged violations, and the overall performance of the Contractor under
the Contract. t
3. In declaring the Contractor to have defaulted on the Contract, the County also
may order the Contractor to discontinue further performance of work under
the Contract and transfer the obligation to perform such work from the
Contractor to the surety on the Contractor's performance bond and take any
other action it deems advisable.
44
Solid Waste Collections Contract - Augusta Disposal
4. Under receipt of a n:otice that the work has been transferred to the surety
without termination of the Contract, the surety shall take possession of all
materials and equipment described in the most recent inventory submitted to
the County pursuant to Section 85 hereof, for the purpose of completing the
work under the Contract, employ, by the Contract or otherwise, any person
and/or all persons needed to perform the work; and provide materials and
equipment required therefore. Such employment shall not relieve the surety
of its obligations under the Contract of bond. If there is a transfer to the
surety, payments shall be made to the surety or its agent for all work
performed under the Contract subsequent to such transfer, in amounts equal to
. those that would have been made to the Contractor had it performed in the
manner and to the extent of the surety's performance, and the Contractor shall
have no claim upon the same.
5. In the event the surety on the Contractor's performance bond fails to assume
or continue performance within two (2) days after its receipt of notice that the
work has been transferred to such surety, the Contractor shall be deemed to
have leased, subleased, or otherwise license the County to ase all, or whatever
portion is desired by the County, of the materials and equipment described on
the most recent inventory submitted to the County pursuant to Section 85
hereof, for collection (and processing) purposes for a period of up to one (1)
year following the date of the declaration of default by the County without
requiring the County to execute any other document whatsoever to acco~plish
such lease, sublease, or license and without requiring the County-ttrposFany
bond, pledge, deposit or other security for such equipment and materials, but
upon the condition that the County pay for the equipment and materials
actually used for such collection a market rental that is no greater than (i) the
monthly lease, in the event such property is leased by the Contractor, (ii) the
periodic installment, in the event such property is being acquired under a
purchase Contract, (iii) the periodic financing interest and principal, in the
event such property is being acquired under a purchase Contract, or (iv) the
financing arrangement; provided, that under no circumstances shall the
County be liable during its use of such property for any arrearages, balloon
payment, accrued interest, accelerated charges in the event of a'default, or
other extraordinary payment; nor shall the satisfaction thereof be a ctm.dition
of the County's interim use of such property; provided, further, that such
lease, sub-lease, or license shall be suspen,SJed the date the surety on the
Contractor's bond or its agent accepts the transfer of work under the Contract.
t
6. In the event the County secures the performance of work under the Contract at
a lesser cost than would have been payable to the Contractor had the
Contractor performed the same, then the County shall retain such difference;
but in the event such cost to the County is greater, the Contractor and its
surety shall be liable for and pay the amount of such excess to the County.
45
Solid Waste Collections Contract - Augusta Disposal
- --
- -
7. Alf payments due the Contractor at the time of defaUlt, less am.ounts due the
County from the Contractor, shall be applied by the County against damages
suffered and expense incurred by the County to reason of such default, any
excess shall be paid to the Contractor unless otherwise provided herein.
8. Notwithstanding the provisions of this Section, a delay or interruption in the
performance of all or any part of the Contract resulting from causes"beyond
the Contractor's control, as defined in section 880, shall not be deemed to be a
default and the rights and remedies of the County provided for herein shall be
inapplicable; provided that all labor disputes as defined in section 880 hereof
shall not be considered a cause beyond the Contractor's control as defined in
section 880.
Section 530: Commitment of Equipment
1. Unless a replacement or substitute is provided, all vehicles, facilities,
equipment and property identified in the Contractor's inventory under Section
85 for use in the performance of this Contract (called "such property") shall
be available for use in collecting Garbage, Yard Waste, Recycling, and Bulky
Waste. When provided, this Section applies to the replacement and substitute.
2. For the duration of this Contract, any document (including a lease to or by the
Contractor, financing Contract, acquisition over time, mortgage, or "other
instrument establishing a security interest) that encumbers of"titnits,.the
Contractor's interest in such property shall:
a. Allow the surety on the Contractor's performance bond to take over the
Contractor's obligations and to continue the use of the equipment in
service for performance of the Contract;
b. Allow the County to take over the Contractor's obligations and to continue
the use of the equipment in service for performance of the Contract;
c. Exempt the County from liability during its usage of such property for
arrearages, balloon payments, accrued interest, accelerated cha1'ges on
account of a default, or other extraordinary payments, and not make
satisfaction thereof a condition of the COtylty's interim usage; and
d. Forbare any foreclosure, trustee's sal~ or other dispossession of the
Contractor's interest in such property without giving both the County and
surety on the Contractor's performance bond sixty (60) days prior notice,
and then make any termination of the Contractor's interest in such
property pursuant to such action or the enforcement thereof subject to the
requirement of Subsections 1, 2, and 3 of this section.
46
Solid Waste Collections Contract - Augusta Disposal
3. To assure compliance with this Section, the Contractor shall submit to the
County for review and approval or disapproval prior to execution all contracts,
leases, or other documents for acquisition of, or encumbering or limiting the
Contractor's interest in, such property or for replacements thereof and any
proposed agreement that would encumber or transfer any interest of the
Contractor in such property before the Contractor's execution of such
agreement. The County's approval shall not be unreasonably withheld.
Section 540: Insurance
I. Contractor shall at all times during the term of this Contract, obtain and
maintain continuously, at its own expense, and file with the County evidence
of a policy or policies of insurance as enumerated below, which name the
County as an additional insured:
2. A policy of Commercial General Liability Insurance, written on an insurance
industry standard occurrence form, including the following coverage's:
a. Premises/Operations Liability
b. Products/Completed Operations Liability
c. Personal/Advertising Injury
d. Contractual Liability
e. Independent Contractors Liability
f. Stop Gap/Employers Contingent Liability
g. Explosion, Collapse, or Underground (XCU)
h. Fire Damage
3. Such Policy(ies) must provide the following minimum limits:
~
a. Bodily Injury and Property Damage
b. $2,000,000 General Aggregate
c. $2,000,000 Products & Complete Operations Aggregate
d. $1,000,000 Personal & Advertising Injury
e. $250,000 Fire Damage
47
Solid Waste Collections Contract - Augusta Disposal
4. Stop Gap Employers Liability:
a. $1,000,000 Each Accident
b. $1,000,000 Disease - Policy Limit
c. $1,000,000 Disease - Each Employee
5. A policy of Business Automobile Liability including coverage for owned,
non-owned, leased or hired vehicles written on an insurance industry standard
form or equivalent.
Such policy(ies) must provide the following minimum limit:
a. Bodily Injury and Property Damage
b. $1,000,000 Per Person
c. $2,000,000 Per Occurrence
6. A policy of Workers Compensation Insurance. With respects to Workers
Compensation insurance in the State of Georgia, the Contractor shall secure
its liability for industrial injury to its employees in accordance with the
provisions of S 34-9-1 et seq, Official Code of Georgia Annotated.-'---- r
Such policy must provide the following minimum limits:
a. Statutory coverage for injuries and occupational disease.
b. $1,000,000 Employer's Liability.
7. Any deductible or self-insured retention must be disclosed and is subject to
approval by the County. The cost of any claim payments falling within the
deductible shall be the responsibility of the Contractor.
~
8. If any such policy is written on a "Claims Made" form, the retroactive date
shall be prior to or coincident with the Start gate of this Contract. The policy
shall state the coverage is "Claims Made", and state the retroactive date.
Claims made from coverage shall be maintained by Contractor for a minimum
of two years following the expiration or earlier termination of this Contract,
and Contractor shall annually provide the County with proof of renewal. If
renewal of the claims made form of coverage becomes unavailable, or
economically prohibitive, Contractor shall purchase an extended reporting
period ("tail") or execute another form of guarantee acceptable to the County
to assure financial responsibility for liability for services performed.
48
Solid Waste Collections Contract - Augusta Disposal
a. Additional Insured and Primary Insurance.Provisions: .
Such insurance, as provided under items (1), and (2) above, shall be
endorsed to include the County, its officers, elected officials, employees,
agents, and volunteers as additional insured, and shall net-be reduced or
canceled without forty-five (45) days prior written notice to the County.
In addition, Contractor's insurance shall be primary and any other
insurance maintained by the County shall be excess and not contributing
insurance with the Contractors insurance.
b. Evidence of Insurance: The following documents must be provided as
evidence of insurance coverage:
1. A copy of the policies declarations pages, showing the insuring
company, policy effective dates, limits of liability and the schedule of
forms and endorsements.
11. A copy of the endorsement naming the County as aN additional insured
showing the policy number and signed by an authorized representative
of the insurance company for business auto liability and for the
commercial general liability policy a form CG 2010 (ISO) or
equivalent.
iii. A copy of the "Endorsement Forrn List" to the policy or poitcies
showing endorsements issued on the policy, and including any
company-specific or manuscript endorsements.
IV. A copy of an endorsement stating that the coverage's provided by this
policy to the County or any other named insured shall not be
terminated, reduced or otherwise materially changed without providing
at least forty-five (45) days prior written notice to the County.
v. A copy of a "Separation of Insured" or "Severability of Interest"
clause indication essentially that - except with respect to the limits of
insurance and any rights or duties specifically assigned to the fmt
named insured and separately to each insured against whom claim is
made or suit is brought (Commercial general Liability and Business
Automobile Liability Insurance).
c. Policy Rating: All policies shall be subject to approval by the County as
to company (must be rated A-:VII or higher in the A.M. Best's Key Rating
Guide and licensed to do business in the State of Georgia or issued as a
surplus line by a Georgia Surplus lines broker), form and coverage, and
primary to all other insurance
49
Solid Waste Collections Contract - Augusta Disposal
d. SelfInsurance: Should Contractor be self insured, under item (1), (2) and
(3) above, a letter form a Corporate Officer stipulating if actuarially funds
and fund limits; plus any excess declaration pages to meet the Contract
requirements. Further, this letter should advise how Contractor would
protect and defend the County as an Additional Insured,in-their Self-
Insured layer, and include claims handling directions in the event of a
claim. -
e. Subcontractors: Contractor shall include all subcontractors as insured
under its policies or shall furnish separate evidence of insurance as stated
above for each subcontractor. All coverage's for subcontractors shall be
subject to all the requirements stated herein and applicable to their
profession.
9. Failure of the Contractor to furnish and maintain said Insurance requirements
shall be considered a material default of this Contract.
Section 550: Indemnity
The Contractor( s) shall defend, indemnify and save harmless the County and the
County's officers, employees and agents from any and every claim and risk, and from all
losses, damages, demands, suits, judgments and attorney fees, and other expenses of any
kind (collectively "losses") arising out of this Contract or the performance thereof;
including but not limited to any personal injury, or death of any and all persons-", ,"
(including but not limited to the Contractor, its agents, employees, subcontractors and
their successors and assignees, as well as the County or the County's agents and all third
parties); and including any property damage of any kind, whether tangible or
intangible, including loss of use resulting there from, in connection with or related to the
negligent or willful act(s) or omissions of the Contractor of its subcontractor which were
caused in whole or in part by the Contractor or its subcontractor while performing work
under this Contract, or in connection with or related to (in whole or in part by reason of)
the presence of the Contractor or its subcontractors or their property, employees or
agents, upon or in proximity to the property of the County or any other property (upon
which the Contractor is performing any work called for), except only those losses
resulting solely from the negligence of the County.
~
Section 560: Liquidated Damae:es - Reasonable pre-estimate of Owners Damae:es
1. Augusta is committed to delivering quality ~olid waste disposal services to its
citizens and maintaining clean streets and public areas. This Section
establishes damages for failure to meet performance standards hereinafter set
forth. This Section is independent of Section 511 - Default of Contractor.
The County and Contractor expressly agree that the potential harm or injury to
the County caused by the following incidents of substandard performance are
difficult or impossible to accurately estimate. The County and Contractor
stipulate that the following damages are a reasonable pre-estimate of the
50
Solid Waste Collections Contract - Augusta Disposal
probable loss to the County and the public. The parties agree that these
provisions for liquidated damages are not intended to operate as penalties for
breach of Contract.
2. This Section is independent of Section 520 - Default ofc~Contractor. The
amounts agreed to herein for each act or omission are Liquidated Damages.
Liquidated Damages may be set-off and deducted from the monthly payment
to the Contractor.
3. This section will be effective on and after February 1,2006.
a. Performance
Standard
(Omission):
Damage:
b. Performance
Standard
(Omission):
Damage:
c. Performance
Standard
(Omission):
Damage:
d. Performance
Standard
(Omission):
Damage:
Not placing Carts/Bins back in their original locations in a
neat and orderly manner, Carts/Bins upright, and
thoroughly emptied. (Section 114)
$25 per incident
Commencement or completion of collections outside of
contract specifications €xcept as expressly permitted
herein. (Section 126)
$100 per incident (each truck is a separate incident plus
starting early and ending late will be considered two
events)
Failure to collect spillage. (Section 230)
$100 per incident per day (each Unit represents a separate
incident) ......
"'-
Failure to collect missed Garbage, Yard Waste, Recycling
or Bulky Waste pursuant to this Contract. (Section 144)
$25 per incident to a maximum of $500 per truck per day
for each type of collection (Garbage, Yard Waste, etc.)
51
Solid Waste Collections Contract - Augusta Disposal
e. Performance
Standard
(Omission):
Damage:
f. Performance
Standard
(Omission):
Damage:
g. Performance
Standard
(Omission):
Damage:
h. Performance
Standard
(Omission):
Damage:
Failure to deliver or replace Carts/Bins as specified in the
Contract. (Sections 148 and 150.)
$25 per Carts/Bins per day.
Failure to start the Contract on the Start Date.
$5,000 per day.
Mixing of Contract waste with non-contract waste. (Section
60)
$5,000 per event
Intentional disposal of Y ard Waste and/or Recycling
Materials placed in a collection vehicle collectingBarbage.
$100 per incident per day (each Unit represents a separate
incident) (Section 104)
4. The liquidated damages set forth above are not intended to compensate the
County for any damages other than inconvenience and loss of use or delay in
services. The existence or recovery of such liquidated damages shall not
preclude the County from recovering other damages in addition to the
payments made hereunder which the County can document as being
attributable to the above referenced failures. In addition to oth~r costs that
may be recouped, the County may include costs of personnel and assttts used
to coordinate, inspect, and re-inspect items within this Contract as well as
attorney fees if applicable.
52
Solid Waste Collections Contract - Augusta Disposal
G. Equal Opportunity/Non-Discrimination, Drug Free Work Place
Section 600: Equal Emplovment Opportunity
i~">."" -.
1. The Contractor shall not discriminate against any employee or applicant for
employment because of race, religion, creed, color, sex, marital status, sexual
orientation, political ideology, ancestry, national origin, or the presence of any
sensory, mental, or physical handicap, unless based upon a bonafide
occupational qualification. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment, without regard to their of race, religion, creed, color, sex, marital
status, sexual orientation, political ideology, ancestry, national origin, or the
presence of any sensory, mental, or physical handicap. Such action shall
include, but not be limited to the following: employment, upgrading,
promotion, demotion, transfer, recruitment or recruitment advertising, layoff
or termination, rates of payor other forms of compensation, and selection for
training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices are provided, setting forth the provisions of this non-discrimination
clause.
2. The Contractor agrees that it will inform the County of any alleged
violation(s) of employment practices involving any employees'-who ~~'work
under this Contract which are asserted in any claims filed with the Equal
Employment Opportunity Commission, Labor Department, or any other
federal or state compliance agency within ten (10) days of becoming aware of
said claim. The Contractor will also inform the County of the final disposition
of such cases within ten (10) days of becoming aware of the final disposition.
Section 610: Equal Emplovment Opportunity - Implementation
1. The Contractor shall obtain in writing from each subcontractor or participant
in a joint venture, an affirmative action policy or program and'retain such
written policy or program for inspection by the County. ""'=
2. The Contractor shall be responsible for the ",90mpliance of subcontractors or
joint ventures. Appropriate sanctions for noncompliance will be imposed on
the Contractor. The requirements for the Contractor apply to subcontractors,
regardless of tier. The Contractor's responsibility includes obtaining equal
employment opportunity documentation from subcontractors or joint ventures
and reviewing the same as to validity and compliance. The Contractor shall
submit such documentation concurrent with the Contractor's own submittals.
3. The Contractor will, prior to commitment and during the term of this Contract,
furnish to the County upon their request and on such form as may be provided
53
Solid Waste Collections Contract - Augusta Disposal
by the Cotinty, a report of the affirmative action taken by the Contractor in
implementing the terms of these provisions, and will permit access to their
records of employment, employment advertisements, application forms, other
pertinent data records requested by the County for the purpose of investigation
to determine compliance with this provision. If upon"'4nvestigation, the
County finds probable cause to believe that the Contractor has failed to
comply with any of the terms of these provisions, the Contraotor"and the
County shall be so notified in writing. The County shall give the Contractor
an opportunity to be heard, after ten (10) days notice. If the County finds
cause, the County may suspend the Contract and/or withhold any funds due or
to become due to the Contractor, pending compliance by the Contractor with
the terms of these provisions. Failure to comply with any of the terms of these
provisions shall be a material default of the Contract.
4. The foregoing provisions will be inserted in all subcontracts for work covered
by this Contract.
Section 620: Contractor's Hirine: Goals - Gender
1. Without granting preferential treatment on the basis of gender, and without
compromising the Contractor's commitment to equal opportunity in
employment practices, the Contractor agrees to use good faith efforts to
ensure there are fair opportunities for women to participate in its wor~force.
The Contractor shall provide the County with Annual reports cYt'pr66f as
reasonably requested demonstrating its good faith efforts to comply with this
goal.
2. Good Faith Effort as used in this Section refers to the Contractor's affirmative
efforts to ensure there are fair opportunities for qualified women to participate
in the non-traditional aspects ofthe solid waste collection industry.
3. Evidence of the Contractor's Good Faith Efforts shall include but will not be
limited to:
a. Efforts to ensure awareness by women of employment opportunities in the
industry through (i) providing materials to be circulated and distributed
concerning the breadth of opportunities, ipcluding, notices of full and part-
time position openings and (ii) making clear to potential applicants the
Contractor' commitment to bring eligi~le employees into its workforce.,
regardless of gender.
b.~ Efforts to assist all employees without regard to gender in being able to
handle (i) the physical demands of the job through training in safety
procedures, (ii) training in proper lifting techniques and other injury
prevention measures and (iii) training in driving and operating equipment
and;
54
Solid Waste Collections Contract - Augusta Disposal
c. Efforts to maintain an equal opportunity work environment by (i) having
regular and semi-annual planning/training sessions with workers outlining
the Contractor's policy prohibiting harassment, sexual harassment and its
intention to strictly enforce the policy, (ii) offering women employees
training to mitigate possible intimidating aspects of being the first female
members of a traditionally male dominated occupation, (Hi)" offering
training in increased productivity methods, and (iiii) providing special
training to supervisory personnel for purposes of EEO and sexual
harassment policy implementation.
4. The foregoing provisions will be inserted in all subcontracts for work covered
by this Contract.
Section 630: Good Faith use of Disadvantae:ed Business Enterprises
It is an official policy of the Augusta-Richmond County Commission, other Augusta-
Richmond officials, and employees, that all necessary and reasonable steps shall be taken
to ensure that disadvantaged business enterprises including small business enterprises
have the maximum opportunity to compete for and participate in all contracts and
subcontracts. Further, the Augusta-Richmond County Commission has the option to
establish incentives to promote business opportunities covered by Augusta-Richmond
County Codes 1-10-61.
To implement this policy, County encourages minority participation through
subcontracting, joint ventures, or other methods in contracting for services. In order to
expedite the evaluation process, we have attached is the Checklist for Good Faith Efforts, .
Proposed Disadvantaged Business Enterprise Participation, and Letter of Intent to
Perform forms. The Contractor should complete the Proposed DBE Participation Form,
indicating the percentage of participation for this Contract. Augusta-Richmond County's
office of Disadvantaged Business Enterprise is available at (706) 826-1325 as a resource
in identifying local Disadvantaged Business Enterprise (M/WBEs and SBEs).
Definition(s)
""'-
1. Minority Person - A United States citizen or permanent resident alien (as
defined by the Immigration and Naturalizatign Service) of the United States,
who is Asian, Black, Hispanic, Native American, or female, also one who is
economically and socially disadvantaged. '.
2. Disadvantaged Business Enterprise (M/WBE and SBE) - A business which
is owned or controlled by minority persons who have been deprived of the
opportunity to develop and maintain a competitive position in the economy
because of social and economic disadvantages. The ownership interest must
be real and continuous and not created solely to meet the minority business or
55
Solid Waste Collections Contract - Augusta Disposal
minority. contractor provisions of this Policy. More specifically,
disadvantaged business refers to any small business concern which:
a. Is at least fifty-one 51 % owned by one or more minority citizens of the
United States who are determined to be sociallY"',and economically
disadvantaged?
b. Is a corporation, with fifty-one percent (51 %) of all classes of voting stock
of such corporation must be owned by an individual determined to be
socially and economically disadvantaged.
c. Is a partnership, with fifty-one percent (51 %) of the partnership interest is
owned by an individual or individuals who are socially and economically
disadvantaged and whose management and daily business operations are
controlled by individuals determined to be socially and economically
disadvantaged. Such individuals must be involved in the daily
management and operation of the business concerned
3. Women Business Enterprise (WBE) - A business which is owned and
controlled by one or more females and who have been deprived of the
opportunity to develop and maintain a competitive position in the economy
because of social and economic disadvantages.
4. Small Business Enterprise (SBE) - A local small business wn:ich has its
principal office and place of doing business in Augusta-Richmond County
which is not dominant in its field of operation and is regarded as small in size
as measured by its annual gross receipts being less than $500,000.
DBE Utilization
1. Obligation
a. Contractors are required to make all possible efforts that are reasonable to
ensure that M/WBEs and SBEs have full and fair opportunities to compete
for performance by complying with the requirements of thi~lause.
Included in these requirements is the achievement of a good faith effort to
utilize Disadvantaged Business Enterprise under this Contract either
directly or indirectly through work, services or supplies or other available
means, and/or substantiation that there ts a good faith effort to ensure that
DBEs had the maximum opportunity to participate in the performance of
work under this Contract. Contractors shall not discriminate on the basis
of race, ethnicity, national origin or gender in the award and performance
of the work under this contract.
56
Director of Disadvantaged Business Enterprise
501 Greene Street, Suite 304
Augusta, Georgia 30901
Solid Waste Collections Contract - Augusta Disposal
2. Compliance
a. The Contractors participating in this contract are hereby notified that
failure to fully comply with the County's DBE policy,"as set forth herein,
shall constitute a breach of contract which may result in termination of the
Contract or such other remedy as deemed appropriate by the COUIIty.
3. Requirements and procedures subsequent to Contract award and prior to
issuance of notice to proceed
a. Upon approval of the required DBE utilization documentation, including
but not limited to (Contractor's DBE Utilization Form; Proposed DBE
Participation Form) the successful Contractor shall enter into a subcontract
with each approved subcontractor. A copy of said sub-contract shall be
provided to the County prior to the start date of the Contract. The
Contractor, thereafter shall neither terminate nor significantly reduce the
scope of work to be performed by, or significantly decrease the price to be
paid to, the subcontractor there under, without, in each instance, prior
written approval of the County. All requests are to be made in writing.
An additional copy of said request shall be sent to:
b. DBE Substitutions - Failure to comply with the terms of the Contract,
including required use of DBE's as indicated on the Contractor's
Statement of the DBE Utilization form constitutes breach of contract, and
may lead to the cancellation or termination of the Contract. The Contractor
must notify the County, in writing of the necessity to substitute a new
DBE in order to fulfill the DBE requirements prior to a substitution being
made. The letter requesting approval of a substitution must give specific
reasons for justifying release by the County of prior DBE commitments
specified in the Contractor's proposal. An additional copy of saicrrequest
shall be sent to:
""
Director of Disadvantaged Business Enterprise
501 Greene Street, Suite 304
Augusta, Georgia 30901
Actual substitution or replacement of DBEs to fulfill the DBE Contract
requirements shall not be made before the County's written approval is given
as the acceptability of the substitute DBE.
57
Director of Disadvantaged Business Enterprise
501 Greene Street, Suite 304
Augusta, Georgia 30901
Solid Waste Collections Contract - Augusta Disposal
c. After award of the Contract, no waiver of the DBE requirements will be
granted except in exceptional circumstances. Requests for complete or
partial waiver of the DBE requirements of this Contract must be submitted
in writing to the County, stating all details of the request, the
circumstances, and any additional relevant information;"'~~'The request must
be accompanied by a record of all efforts taken by the Contractor to locate
specific DBEs, to solicit DBE bids, and to seek assistance from tHe Office
of the Disadvantaged Business Enterprise, (706) 826-1325. An additional
copy of said request shall be sent to:
In cases, where an enterprise was previously considered to be DBE is found
not to be bona fide, the County will consider the following special criteria in
evaluating a waiver request.
1. Whether, the prime contractor was reasonable in believing the
enterprise to be a bona fide DBE; and
2. Whether reasonable efforts were taken to substitute the DBE involved.
4. Reporting requirements and post award compHance
a. To assist the County in determining the responsibility of the Contractor in
adhering to the DBE requirements of the Contract, the successful Contractor
shall submit the DBE validating information.
1. Attachment "A" and Attachment "B" shall be completed and
submitted with proposal in a separate sealed envelope, indicate
N/ A if no participation.
2. All firms must have a valid and current certification ~warded by
the Office of the DBE; Department of Transportation; GDOT; or
other recognized certification entity. ......
b. Any Contractor found to have knowingly eRgaged in or participated in any
attempt, directly or indirectly, to evade the requirements of this DBE Contract
t
clause may be declared ineligible for any future contracts paid for, in whole or
in part by the County. Furthermore, the Contractor may be held liable to the
County for any forfeiture of funds or damages caused by a delay in the award
or performance of the Contract resulting from the Contractor's non-
compliance.
c. During the performance of the work under this contract, the Contractor shall
keep such records as are necessary to determine compliance with its DBE
58
Solid Waste Collections Contract - Augusta Disposal
utilization -obligations. Records to be kept by the Contractor will indicate the
actual DBE and non-DBE contractors, types of work being performed, actual
dollar value of work, services, and procurement (See Attachment C). Notice
shall be made in writing, and include a copy to the Office of Disadvantaged
Business Enterprise, any time during the contract period that the Contractor
anticipates the established DBE requirements on the Contract will not be
'achieved. In the event the Contractor does not achieve the -established
requirement, the records shall also include the following: (i) the progress and
efforts being made in seeking out disadvantaged contractors for work on this
project; and (ii) documentation of all correspondence, contacts, telephone
calls, etc., to obtain the services of disadvantaged business enterprises on this
project.
d. During the Contract period, the Contractor shall submit reports (See
Attachment C) monthly on contracts and other business transactions executed
with DBEs with respect to the records cited to exact provision the records are
referred to. The reports shall be in such a form, manner, and content as
prescribed by the County. The report (See Attachment C) shall be submitted
with each request for payment, no later than five (5) business days from the
end of the month with a copy going to both the Solid Waste Department as
well as to the Office of Disadvantaged Businesses Enterprise.
Section 640: Non-Discriminatory Service
The Contractor will not discriminate against any customer or County resident in the
provision of service or quality of service on account of race, religion, creed, color, sex,
marital status, sexual orientation, political ideology, ancestry, national origin, or the
presence of any sensory, mental, or physical handicap, unless based upon a bona fide
qualification to or for service. The Contractor shall provide the same good quality
service throughout the Collection Area without regard to racial, ethnic, or cultural
characteristics or relative standard of living of the neighborhood.
Section 650: Drue: -Free Workplace
1. The County is a drug-free workplace employer. The Contractof-hereby
certifies that it has or it will within thirty (30) days prior to the Start Date of
the Contract:
2. Notify employees that the unlawful manuracture, distribution, dispensation,
possession, or use of a controlled substance is prohibited in the workplace and
specifying actions that will be taken for violations of such prohibition;
3. Establish a drug-free awareness program to inform employees about (i) the
dangers of drug abuse in the workplace, (ii) the Contractor's policy of
maintaining a drug-free workplace, (iii) any available drug counseling,
59
-". ,-.-
rehabilitation, and employee assistance programs, and (iv) the penalties that
may be imposed upon employees for drug abuse violations;
Solid Waste Collections Contract - Augusta Disposal
4. Notify each employee that as a condition of employment, the employee will
(i) abide by the terms of the prohibition outlined above, hand (ii) notify the
Contractor of any criminal drug statute conviction for a violation occurring in
the workplace not later that five (5) days after such conviction; ^
5. Impose a sanction on, or requiring the satisfactory participation in a drug
counseling, rehabilitation or abuse program by, an employee convicted of a
drug crime;
6. Make a good faith effort to continue to maintain a drug-free workplace for
employees; and require any party to which it subcontracts any portion of the
work under the Contract to comply with the above provisions.
7. A false certification or the failure to comply with the above drug-free
workplace requirements during the performance of the" Contract shall be
grounds for suspension, termination or debarment.
8. The foregoing provisions will be inserted in all subcontracts for work covered
by this Contract.
~
60
Solid Waste Collections Contract - Augusta Disposal
H. Operations Plan, Emergency Plan
Section 700: Operations Plan
1. After the Contract has been awarded and no less than ninety{90) days prior to
the Start Date, the Contractor shall prepare and submit to the County a
comprehensive and detailed Operations Plan, which describes in detail all
tasks, procedures and resources associated with the transition from the
County's current Contract for Garbage, Yard Waste, Recycling and Bulky
Waste collection to the awardees of this Contract. The Operations Plan, once
approved by the County, will become a part of this Contract.
2. The Operations Plan shall spell out in detail all costs, steps, tasks, activities,
events, procedures and resources necessary for the Contractor to provide for a
smooth and efficient transition from the County's current service providers to
the Contractor awardees, with minimum disruption to the County's Customer.
The Operations Plan will further contain a time line and completion date for
all such tasks and activities. The Contractor will ensure tl1at certain essential
operations as set forth in the Operations Plan will not be interrupted by any
part of the transition. The Contractor shall seek the County's input in
developing the Operations Plan, and the Operations Plan shall not be deemed
final until accepted in writing by the County.
3. The Operations Plan shall be maintained by the Contractor, and shift be
updated and submitted to the County on a weekly basis throughout the
implementation phase to reflect the current status of all work. Aside from
updates to show tasks accomplished, no changes to the Operations Plan shall
be made without the prior written approval of the County.
4. The County shall have the right to audit, on its own behalf or through agents,
the Operations Plan and the progress of all work throughout the
implementation. The County or its agents shall be entitled to conduct audits
as it sees fit.
5. The Contractor will adhere to the schedule set forth in Operatio~ Plan
regarding the transition and implementation of its Garbage, Yard Waste,
Recycling, and Bulky Waste. There shall be liD extensions of the time periods
or completion dates set forth in the Oper~tions Plan without the County's
written consent.
6. When stating days in the Operations Plan, it is to be based on Calendar Days.
7. Throughout the implementation phase weekly reports will be made to the
County regarding the progress of the transition.
61
Solid Waste Collections Contract - Augusta Disposal
8. Sa.mples of items to include in the operations plan wouidbe;
a. Acquiring assets, preparing assets for collection, scheduling asset
inspections, etc.
b. Asset Inspections.
c. Developing asset inventory lists.
d. Setting up contractors offices.
e. Ensuring disposal stickers are purchased, and placed on vehicles.
f. Setting up routes, and creating service maps.
g. Procedures for notifying customers of new collection days.
h. Procedures for orientation of collection and Cart/Bin ,delivery personnel
including route coordination/cooperation with County staff.
1. Identifying handicapped/special needs customers.
J. Procedures for transmitting information to and from the County ~d the
Contractor
k. Procedures for applying, appealing and reversing liquidated damages.
1. Standards for electronic transfer of information.
m. Acquisition of bonds and insurance.
n. Developing an emergency plan.
Section 710: Emere:ency Plan
"'-
1. At least thirty (30) days prior to the Start Date, the Contractor shall submit an
Emergency Plan to the County which shalL detail those actions which the
Contractor will take to deal with emergency situations such as extreme cold
temperatures, snow/ice, fire, or natural tlisaster which would require a
deviation from normal operating procedures.
2. The Emergency Plan shall also include emergency phone numbers of the
Contractor, and for key contact persons, such that a responsible contact person
is available to the County at all times. The Emergency Plan must also include
customer notification procedures.
62
Solid Waste Collections Contract - Augusta Disposal
3. Upon submission of the Emergency Plan to the CountY, the County shall
approve or reject the Emergency Plan. If the Emergency Plan is rejected, the
Contractor and the County will begin negotiations to develop a mutually
agreeable Emergency Plan prior to the Start Date of the Contract.
4. The emergency plan shall be updated annually in the month of January.
Additional updates are required when items in the plan change or need
updated.
~
63
Solid Waste Collections Contract - Augusta Disposal
I. Ancillary Provisions
Section 800: Assie:nment of Plede:e of Monies by the Contractor
,
The Contractor shall not assign or pledge any of the monies due under this Contract
without securing the written approval of the surety on the performance bond as well as
the payment bond and providing at least thirty (30) days prior written notice to the
County of such assignments or pledge together with a copy of the surety's approval(s)
thereof. Such assignments or pledge, however, shall not release the Contractor or its
sureties from any obligations or liabilities arising under or because of this Contract.
Section 805: Assie:nment. Subcontractine:. Delee:ation of Duties
1. The Contractor may not sub-Contract more than 50% of the total amount of
collections and total work under this Contract without the prior written
approval of the County. The Counties decision shall be final and binding.
2. Except for the subcontracting identified in the Contractor's proposal, the
Contractor shall not assign or subcontract or transfer any of the work or
delegate any of its duties under the Contract without the prior written approval
of the County, which approval may be withheld in the County's sole
discretion. Notwithstanding the foregoing, the County's approval shall not
unreasonably be withheld if the Contractor proposes to assign or transfer this
Contract to an affiliate of the Contractor.or to Contractors parent-corporation,
provided that Contractor can establish to the reasonable satisfaction of the
County that (i) the assignee or transferee will operate the Contract in
substantially the same manner as the Contractor, will use substantially the
same management and collection personnel as Contractor, and possesses
substantially the same financial capabilities as Contractor and (ii) the assignee
or transferee is not affiliated in any way with the company that has a Contract
for residential collection with the County for the portion of the County outside
the Contractor Collection Area.
3. In the event of an assignment, subcontract, or delegation of' duties, the
Contractor shall remain responsible for the full and faithful P€rfolnt.mce of
the Contract and the assignee, subcontractor, other obligor shall also become
responsible to the County for the satisfastory performance of the work
assumed. The County may condition its approval upon the delivery by the
assignee, subcontractor or other obligor ofits covenant to the County to fully
and faithfully complete the work or responsibility undertaken.
4. During the term of this Contract, the Contractor shall not have an ownership
interest in any other company that has a Contract for residential collection
with the County.
64
Solid Waste Collections Contract - Augusta Disposal
5. Should a Contractor sub-contract work under this' contract, a sub-contract
contract/agreement shall be generated in writing. This agreement shall at a
minimum include the area to be serviced, the price that the sub-contractor
shall be paid, and the required sections under this contract that flow through to
a sub-contractor. A copy of said agreement( s) shall be provKled to the County
within fourteen (14) days of execution.
Section 810: Audit and Inspections
1. During the term of the Contract and for a period of one (1) year after the
termination or expiration of the Contract for any reason, the County shall have
the right to audit, either itself or through an agent, the books and records
(including but not limited. to technical records) of the Contractor to ensure the
Contractor's compliance with all the terms and conditions of the Contract.
2. During the term of the Contract, the County shall have the right to inspect any
item deemed necessary to ensure that Contract provisions are/were being met.
This can include, but is not limited to; site visits to the office or other
locations used under this Contract, disposal locations, field, shop inspections
or equipment, etc.
Section 815: Contractor Will Not Sell or Disclose Data
The Contractor will treat as confidential information, all data in connectioITwitlrthe
Contract. County data processed by the Contractor shall remain the exclusive property of
the County. The Contractor will not reproduce, copy, duplicate, disclose or in any way
treat the data supplied by the County in any manner except as contemplated by this
Contract.
Section 820: No Publicity
No advertising, sales promotion or other materials of the Contractor or its agents or
representatives may be distributed to customers without prior written approval of the
County. The Contractor, its agents or representatives shall not reference this 'Contract or
the County in any manner without the prior written consent of the County. ......
Section 825: Contract Riehts
1. The parties reserve the right to amend thts Contract from time to time by
mutual agreement in writing.
2. Rights under this Contract are cumulative, and in addition to rights existing at
common law.
3. Payment by the County and performance by the Contractor do not waive their
Contract rights.
65
Solid Waste Collections Contract - Augusta Disposal
4. Failure by either party on any occasion to exercise a Contract right shall not
forfeit or waive the right to exercise the right of another occasion. The use of
one remedy does not exclude or waive the right to use another.
Section 830: Open Records Act
Contractor acknowledges that County records including this Contract are subject to
Georgia's Open Records Act.
Section 835: Interpretation
1. This Contract shall be interpreted as a whole and to carry out its purpose. This
Contract is an integrated document and contains all the promises of the
parties; no earlier oral understandings modify its provisions.
2. Captions are for convenient reference only. A caption does not limit the scope
or add commentary to the text.
Section 840: Law; Venue
The laws of the State of Georgia shall govern the validity, construction and effect of this
Contract. The venue for any claims, litigation or causes of action between the l?arties
shall be in the Superior Court of the Richmond Courtty, Georgia. -
Section 845: Discretionary Waiver of Rie:ht to a JUry Trial
The Contractor and County may waive all rights to have a trial by jury in any action,
proceeding, claim, or counterclaim brought by either of them against the other on any
matter whatsoever arising out of or in any way related to or connected with the Contract.
Section 850: Specific Performance and Iniunctive Relief
The Contractor agrees that the services are critical to the County's operation and that
monetary damages are not an adequate remedy for the Contractors failure to "provide
services as required by the Contract, nor could damages be the equivalent of the
performance of such obligation. Accordingly, the ContrSlctor hereby consents to an order
granting specific performance of such obligations of the Contractor in a court of
competent jurisdiction within the State of Georgia. Tlie Contractor further agrees that a
failure by it to perform the services in the manner required by the Contract will entitle the
County to injunctive relief.
Section 855: Notices
1. All official notices or approvals shall be in writing. Unless otherwise
directed, notices shall be delivered by messenger, by certified or registered
66
To the County:
To the Contractor:
Solid Waste Collections Contract - Augusta Disposal
mail, return receipt requested, or by fax to the parties at the following
respective addresses:
Assistant Director
4330 Deans Bridge Road
Blythe, GA. 30805
(706) 592-9634 Phone
(706) 592-1658 Fax
Contract Manager
P.O. Box 334
Evans, GA. 30809
(706) 860-2208 Phone
(706) Fax
2. Either party may from time to time designate a new address for notices.
Unless a return receipt or other document establishes otherwise, a notice sent
by U.S. Mail shall be presumed to be received the third business day after its
mailing.
Section860: Severability
Should any term, provision, condition, or other portion of this Contract or its application
be held to be inoperative, invalid, or unenforceable, and the remainder of the Contract
still fulfills its purposes, the remainder of this Gontract or its application in other
circumstances shall not be affected thereby and shall continue in force and effect.'
Section 865: Interest of the Parties
The Contractor covenants that its officers, employees and shareholders have no interest
and shall not acquire any interest, direct or indirect, which would conflict in any manner
of degree with the performance of services required under the Contract.
Section 870: No Bribery
The Contractor certifies that neither it, any of its affiliates or subcontractors, nor any
employees of any of the forgoing has bribed or attempted to bribe an officer or employee
of the County in connection with the Contract.
Section 875: Chane:e in Control- Lee:al Counsel
1. In the event of a change in "Control" of the Contractor (as defined below), the
County shall terminate the Contract for default unless the County has granted
prior written approval. Such approval shall be at the sole discretion of the
County. Any approval by the County for transfer of ownership or control
shall be contingent upon the perspective controlling party becoming a
signatory to the Contract and otherwise complying with the terms of the
Contract. The Contractor shall notify the County within ten (10) days after it
67
Solid Waste Collections Contract - Augusta Disposal
becomes aware that a change in Control will occur. As used in the Contract,
the term "Control" shall mean the possession, direct or indirect of either;
a. The ownership of or ability to direct the voting of, as the case may be fifty
one (51 %) or more of the equity interest, value or voting power of the
Contractor; or
b. The power to direct or cause the direction of the management and policies
of the Contractor whether through the ownership of voting securities, by
Contract or otherwise.
Section 880: Force Maieure
1. The Contractor shall not be liable for any failure or delay in the performance
of its obligations pursuant to this Contract (and such failure or delay shall not
be deemed a default of this Contract or grounds for termination hereunder if
all of the following conditions are satisfied:
a. If such failure or delay
1. could not have been prevented by reasonable precaution, and
11. cannot reasonably be circumvented by the non-performing party
through the use of alternate sources, work around plaITS;' or "ether
means, and
b. If and to the extent such failure or delay is caused, directly or indirectly by
fire, flood, earthquake, hurricane, elements of nature or acts of God, acts
of war, terrorism, riots, civil disorders, rebellions, or revolutions, or court
order.
2. Upon the occurrence of an event which satisfies all of the conditions set forth
above, the Contractor shall be excused from any further performance of those
obligations pursuant to this Contract affected by the Force Majeure for as long
as;
~
a. Such Force Majeure event continues and, "'.
b. The Contractor continues to use cOlhmercially reasonable efforts to
recommence performance whenever and to whatever extent possible
without delay.
3. Upon the occurrence of a Force Majeure event, the Contractor shall
immediately notify the County by telephone and confirmed in writing within
two (2) days of the occurrence of a Force Majeure and shall describe in
reasonable detail the nature of the Force Majeure. If any Force Majeure
68
Solid Waste Collections Contract - Augusta Disposal
Section 885: Dispute Resolution
1. In the event of a dispute arising under this Contract, the parties shall continue
performance of their respective obligations under this Contract and shall
attempt to resolve such dispute in a cooperative manner."-c,olf the parties are
unable to resolve the dispute, then, in addition to and without waiving any
rights and remedies under this Contract or under civil or common law, the
parties may voluntarily agree to arbitration pursuant to the terms of this
section.
2. Within fifteen (15) days after agreement to arbitration has been reached, each
party shall submit the name of its own arbitrator, selected from a panel of
persons qualified by the American Arbitration Association and the two
arbitrators shall select a third arbitrator from such panel within fifteen (15)
days thereafter, or in case of a disagreement concerning the appointment of
the third arbitrator, the third arbitrator shall be appointed from such panel by
the presiding judge of Richmond County Superior Court. During such time
that the arbitrators are being selected or appointed, the parties shall continue
to negotiate in good faith to resolve their dispute in a cooperative manner.
3. The arbitrators shall apply applicable provisions of Georgia law in reaching
their determination. The determination by the arbitrators shall be final, and
binding on the parties, and any judgment upon the award rendered purs~ant to
such arbitration may be entered in any CDurt having jurisdiction thete-of.c'cThe
County and Contractor shall use their best efforts to conclude all arbitration
proceedings involving fee and rate adjustment disputes within thirty (30) days
following the commencement of such arbitration proceedings. Any arbitration
determination granting an increase in fees or rates may include an award of
interest at the statutory rate until the date the increase becomes effective.
4. The arbitrators shall have the authority, but shall not be required, to award to
the prevailing party in the arbitration proceedings reasonable attorneys fees,
expert and non-expert witness costs and expenses, and all other reasonable
costs and expenses incurred directly or indirectly in connection with the
proceedings provided, however, the costs of the arbitrators shall bMhared
equally by the parties.
70
;"->,:!,,,.,"
Solid Waste Collections Contract - Augusta Disposal
Augusta,
Richmon
B
The foregoing Contract is hereby executed by the below-listed parties:
::jjJf'Q~L-
A,.'J . -:J.....l r:r ,~()~."
s ItS: I/)( t:"..> ' 'I
S'vVorn to aI;ld subscribed before me this J I ~ day of
- 7J::~, . Wv, , ,2005.
~ /t'bJ _ (~'_' /JII~
NOr,uya:c
My Commission Expires: fIJt(d1-vv ~ tilJiJ?
Monique T. Woods
Notary Public, Richmond County Georgia
My Commission Expires October 2, 2009
~
71
Example From Section 146
Solid Waste Collections Contract - Augusta Disposal
Assumptions
1. Cart rental rate in Exhibit B = $2.00
2. County elects to replace 250 carts.
3. Carts were received by the contractor on the 15th of the month.
Calculations
Proration Amount
1. ($2.00/31) = $.0645 (cents per day per cart)
2. ($.0645* 15) = $.9675 (prorated amount per cart based on date received)
3. ($.9675*250) = $241.88 (amount owed based on prorated amount and the
number of carts)
Implementation Amount
<<
1. ($.0645* 14) = $.903 (prorated amount multiplied by allowed imp1emenhrtion
days)
2. ($.903*250) = $225.75 (amount owed based on 14 days implementation
multiplied by 250 carts)
Total owed to Contractor
$241.88 forprorated amount plus $225.75 for implementation period = $467.63
5. The County may ship the Contractor Carts which are assembled, unassembled,
in single, limited, or truckload quantity. ......
6. All cost(s) associated with assembly and deliyery of said carts shall be that of
the Contractor.
72
. Augusta Disposal
Advanced
Waste Management
Inland Services
Solid Waste Collections Contract - Augusta Disposal
Exhibit A: Collection Area(s)
~
"'.
73
Garba e
Rec clin
Yard Waste
Bulk Waste
Solid Waste Collections Contract - Augusta Disposal
Exhibit B: Rate Table
Monthlv Collections Cost
$13.75
er additional cart serviced
$0.75
$5.00
$0.60
Extra Garba e Collection er additional cart serviced
~
74
$1.15
$1.75
$0.95
Solid Waste Collections Contract - Augusta Disposal
Exhibit C: Force Majeure Rate Table
10 Yard Roll Off
20 Yard Roll Off
30 Yard Roll Off
40 Yard Roll Off
Rate
$125.00
$125.00
$150.00
$0.00
15-24 Yard Rear Load (Driver and Helper)
25 Yard or Larger Rear Load (Driver and Helper)
15-24 Yard Side Load (Driver)
25 Yard or Larger Side Load (Driver)
25 Yard or Larger Front Load (Driver and work can)
Additional Laborer (per person as requested)
Reqular Time Rate
$100.00
$115.00
NIB
NIB
NIB
$15.00
1
2
3
4
5
6
7
8
9
10
Additional Services Offered bv Contractor
Skid Loader IBob Cat
Reqular Time Rate
$95.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
75
Rate Per
Pull
Pull
Pull
Pull
Overtime Rate
$117,50
$135.00
$0.00
$0.00
$0.00
$22.50
Overtime Rate
$125.00
$0.00
$0.00
$0.00
$0.00
$0.00
~.$Q. 00..:,.
$0.00
$0.00
$0.00
""=
Rate Per
Hour
Hour
Hour
Hour
Hour
Hour
Rate Per
Hour
Rate Rate Per
$125.00 Pull
$125.00 Pull
$150.00 Pull
N/B Pull
Reqular Time Rate Overtime Rate Rate Per
$85.00 $95.00 Hour
N/B $0.00 Hour
N/B $0.00 Hour
$15.00 $22.50 Hour
Reqular Time Rate Overtime Rate Rate Per
$95.00 $125.00
Solid Waste Collections Contract - Augusta Disposal
n __ _ __.'. __.._ ..... n _
Exhibit D: Eviction. Vacant Lot. Special Clean-up
10 Yard Roll Off
20 Yard Roll Off
30 Yard Roll Off
40 Yard Roll Off
Rear Load (Driver)
Side Load (Driver)
Front Load (Driver and work can)
Additional Laborer (per person as requested) ,
Additional Services Offered by Contractor
1 Loader/Bod Cat
2
3
4
5
6
7
8
9
10
76
~
""
~
Solid Waste Collections Contract - Augusta Disposal
DBE Forms
Form A
(Letter of Intent to Perform)
Complete an individual form identifying each DBE sub-contractor/supplier used for this
contract. Forms must be signed by sub-contractor. Form A should be completed and
submitted with your bid in a separate sealed envelope. If there is no participation,
indicate N/ A
77
0UllU vv a.~~~ vUUIJI.'UUlllS \.-UllLri:ll:L r llli1l-l
~ a.J/~
(DBE Contractor Firm Name)
......
Form A
PROJECT {!aNTl2ffCr# O~--OtJl
kEI:" II 06:--/:t~
LETTER OF INTENT TO PERFORM AS A SUBCONSUL TANTISUBCONTRACTORlSUPPLlER
,;F',,~--,.
TO: At/~tlSTA (4sA;J'S/ft!. f jJ,&1MC3?/Af~///fIf1.
(NAME OF PROPOSER) ~
A. The undersigned intends to perform work in connection with the above project in the following
capacity (check one):
An individual
A partnership
A corporation
A joint venture
B. The DBE status of the undersigned is confirmed as follows:
By attachment of a current Certificate of Certification issued by the Department of
Transportation
By attachment of a current Certification issued by the Disadvantaged Business
Enterprise Office
C. The undersigned is prepared to perform the following work in connection with the above project
D. The undersigned states that they will be performing % of the total project.
B. The undersigned will sublet and/or award % of this subcontract to non-DBE '
contractors and lor non-DBE suppliers.
The undersigned will enter Into a fo,rmal agreement for the ab~ve described work with the
Proposer cited above conditioned upon the execution of a contract for the project cited
herein between the Proposer and Augusta-Rlc;hmond County. .
~
Date:
"'.
By:
(Signature of Authorized Representative)
{
/
75
~
Solid Waste Collections Cunlnll:t )~inAl.J
I
Form~
PROJt(~ rJwY,fA(lT #" a-?OI
//6"; #d5=/e2:Z
LETTER OF INTENT TO P~RfiORM.AS A SUSCON$tJL rANTISUBCONT~CTORlSU!PlleR
.;j":~.r,..
-<J"~)
HJ; _...
(N^'I,ffi W' /JROPOSP.R)
^. The undllrllilnc:d i"lcnd~ l(ll~~rfi)rll' Wutk in \,lOnnocti\ln with lhc IIlmvc rrC!I"~1 in Ihe: 'hllowillr.
CIl'llCi,)' (c:ltecfl OIlC):
^" individu.1
,. A pllrlnc:r!llhip
__ A wtpurUlinn
A julftt vonture
lJ. Tho urU! ""tll$ "f,hI: lI11dc:raigncd Is c\)nJii'm"d D~ (allow,:
.... "fly artacllrtHlrll of II ~lIrrent (:o:ttiliutc L1rCcniIiQtt(V) i.uue4 "1 l~u Dt,.n",enf or
Trllmpo'lllliun '
By IIUoc:hmollt of a ClltNlIl CcrtifrClItii'lll issuod by tht: Dill~van~ Uu)jness
F.nIOlf)rjs~ Office
C. "1\0 ul,(lorsiAllcd i. prQJllln:d tu panJtm rho ("""win, warlr ill connoecion with CIte ab,nllc proj<<:r
0, Tho IMdCI'Iialltd lfate$1M1 thoy will be rOtfOrmflll-.__ . .% orel,e tOfAI pro)((I.
.,
U. Tho un"-'tcntd will 'lIbltt And/!)r iWllrd .___"'. 0"''''1. IUllcnntract to ROII.DBE
'~tl'~I~" ami 'lit non.DBR .upplior..
Tile und."'iGnod win onter ',.tg . ronn.' qlOcment for the .bove ClMCribod work with the
PtaPOItfc."d above condltlOl'led upOn the 8x-':uIIO" of. oontfWet for the project c.ltocf
h.,.", n 1110 PfOpNGr' .nd AIl9u.h1.Ri~hmoncf CoUrtly.
"p,j~ D,'<:__'.Jmx-
By: ..
~....
7S
"~;..;r,"_ "
Solid Waste Collections Contract - Augusta Disposal
Form B
(Proposed DBE Participation Form)
Complete an individual form identifying each DBE sub-contractor/supplier used for this
contract. Forms must be signed by sub-contractor. Form B should be completed and
submitted with your bid in a separate sealed envelope. If there is no participation,
indicate N/ A
~
79
Form B
PROPOSED DBE PARTICIPATION
/ltI(;tlSTA P/S,.oOSIJL f Reart"/IIYt?,,~--
PRIME CONTRACTOR PROJECT etJ/'I;;€/I?',r-# 06-CJt?/
REF'.# t1S-41;t,o
Total Price:
$ &.-sJ".. 11/ .5q ot:1t/' . 00,
$ #d) tJoo. CJCL::',::.'"n
e;s?: .,37;'0 %
Total DBE value:
Total DBE percent:
Signed By:
,H~t2';ld~
,.
Title:
Date:
......
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J"orm!
PROPOSfo DBE PARTICIPATION
PI('MI\ l'OJlofl'l(l\( TOt(
I'ltl IJI.;c'T
oar. 'IRM
PRINCIPAL
OFFICIAl.
^')DR&$S/PtfONE
NO.
. ..'.-~. '-~_._... ..~
TYltJt: or wonk .. (WI., VIII,,,
. nf WIH'A
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Solid Waste Collections Contract - Augusta Disposal
Form C
(Contractors Statement of DBE Utilization Form)
~
Complete form indicating the DBE's utilization for the requested pay period. This inf~)fJnation
identifies the actual DBE sub-contractors/suppliers, types of work performed, actual dollar value
of work/services and suppliers. To avoid delay of payments this form must accompany all pay
requests.
81
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Solid Waste Collections Contract - Augusta Disposal
AUGUSTA-RICHMOND COUNTY
CHECKLIST FOR GOOD FAITH EFFORTS
A bidder's good faith efforts must be those that could reasonably be expected from a bidder who was
actively and aggressively seeking to meet the Disadvantaged Business Enterprise (DBE) goal. Good faith
efforts may include, but are not limited to: ,"~"
Yes No
1.
x
2.
3.
x
4.
5.
x
6.
x
7.
n/a
8.
x
9.
10.
x
11.
n/a
x
Soliciting through all reasonable and available means, the interest
for all certified DBEs who have the capability to perform the work
of the contract. Such solicitations must be in sufficient time to
allow DBEs to participate effectively.
Confirming attendance at any pre-solicitation or pre-bid meetings.
Providing proof of any advertisements in general circulation, trade
association, and minority or woman focused media.
Documenting the follow-up to the initial solicitation with DBEs.
Documenting how portions of the work were selected to solicit
DBE participation and how the'selection was made in order to
increase the likelihood of meeting the DBE goals. This would
include, where appropriate, breaking down contracts into
economically feasible units to facilitate DBE participation.
Providing information on any negotiations with DBEs including bid
item adjustments, terms and conditions of the contract, bonding
and insurance requirements and etc.
Documenting efforts to assist DBEs in obtaining bonding, lines of
credit, or insurance.
Providing copies ofthe information~upplied to DBEs to solicit thei~
bids. Such information should include adequate information about
the plans, specifications, and requirements of the contract to
enable the DBE to supply a complete and competitive bid.
Providing information regarding the services/assistance secured
from minority and women community organizations, contractors'
groups, local minority and women business assistance offices and
other organizations that provides assistance in the recruitment and
placement Dl3Es.
Negotiating in good faith with interested DBEs. It is the bidder's
responsibility to make a portion of the work available to DBE subcontractors
and suppliers. The bidder must provide documentation that consideration was
given when selecting portions of the work or material needs on tpe contract to
the availability of DBE firms in those areas when soliciting for DBE
participation. ""-
Documenting the basis for rejecting DBE bids. In cases where the
bidder determines the DBE to be unqualified, supporting evidence
used to make the determination must be provided.
x
x
84
~
Solid Waste Collections Contract - Augusta Disposal
CORPORATE CERTIFICATE
I, h UtA /.(. fOllt> certify that I am the Secretary,of the corporation
named as Contractor in the attached Contract; that NUL/AM R. IbUJNf.,L$
who signed said Contract on behalf of the Contractor was then PRL;s, ))6'i7\ d IIJNEH
of said corporation; that said proposal was duly signed for and in behalf 'of said
corporation by authority of its Board of Directors, and is within the scope of its corporate
powe~; that said corporation is organized under the laws of the State of
(iCIJR6/ A .
.; o-t;,
This ~ day of
()~{one~
,2005
corporate~1l I) ~
Secretary:. LL P\ . .
(name signed)
f11w A K. HJQD
(name printed or typed)
(SEAL)
85
......
, Solid Waste Collections Contract - Augusta Disposal
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of GetJ~~/A
I, WllLI/t-1'VI R. PoLONUS
@ or she is IRESIUN1 )OlAll'le/l..
submitted the attached Bid:
County of (!/)/-tl /J1 g I A
"~'-'-:>:-'-
being first duly sworn, deposes and says that:
ofAu~rA PJSllPALJiNie Bidder that has
,
He or she is fully informed respecting the preparation and contents of the attached Bid
and of all pertinent circumstances respecting such Bid.
Such Bid is genuine and is not a collusive or sham Bid;
Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this Affiant, has in any way colluded,
conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person
to subJ;I1it a collusive or sham Bid in connection with the Contract for'which the attached
Bid has been submitted or to refrain from bidding in connection with such Contract, or
has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Bidder, firm or person to fix the price or
prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost
element of the Bid price or the Bid price of any other Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage agamsCthe~City
of Augusta or any person interested in the proposed Contract; and
Continued to the next page
86
Solid Waste Collections Contract - Augusta Disposal
I
The price or prices "quoted in the attached Bid are fair and" proper and are not tainted by
any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or
any of its agents, representatives, owners, employees, or parties in interest, including this
Affiant.
By:
(name signed)
\,J llll A14t IR ~Lo Af~ ~
(name phnted or typed)
Date:
to - 'L8 - 2-00 ..:-
Subscribed and sworn to
e this ~f~~/J~ tf}~~
~I'/~ I
. ned)
, 20,05
NOTARY PUBLIC:
!A 0# t& UE. 1- i4!()OD<9 ,I
(name printed or typed)
Monique T. Woods
.. Notary Public, Richmond County Georgia
CommISSIOn ExpIresC' .. Ex' OctAber 2 2009
My omml5S1011 pIres v I
(SEAL)
87
w" ~ ~
,
~
Subsc 'bed and Sworn to
I
(Title)
Monique T. Woods
N_lic, Richmond County Georgia
My Commission Expires October 2, 2009
(SEAL)
Solid Waste Collections Contract - Augusta Disposal
NONCOLLUSION AFFIDAVIT OF SUBCONTRACTOR
State of G~~GIA
County of R /(!J'HfION l)
I, /t1GLVIN ChUMA-N being first duly sworn, deposes and says that:
l.@>r she is f>1<ES1 /)~NT \ tJWNU '
/J (7 (Owner, Partter, Officer. Representative, or Agent)
of Lix.eMA1\I' vAN I TA-r/dN , hereinafter referred to as the "Subcontractor";
2. He or she is fully informed respecting the preparation and contents
of the Subcontractor's Proposal submitted by the Subcon~ctor to 1f])~II/Ve
the Contractor. f~r certain wor~ in .conne.htion with the ...:::tJLI D W/J-SrE
Contract pertammg to the Project m 1C1{!/O'VltJIV () (1JU /II 7y
3. Such Subcontractor's Proposal is genuine and is not a collusive or sham Proposal;
4. Neither the Subcontractor nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, has in any way
colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm
or person to submit a collusive or sham Proposal in connection with such Contract pr to
refrain from submitting a Proposal in connection,with such. Contract, or has in any
manner, directly or indirectly, sought by unlawful' agreement or connivance"witn"--any
other Bidder, firm or person to fix the price or prices in said Subcontractor's Proposal, or
to secure through collusion, conspiracy, connivance or unlawful agreement any
advantage against Augusta-Richmond County or any person interested in the proposed
Contract; and
5. The price or prices quoted in the Subcontractor's Proposal are fair and proper and are
not tainted by any collusion, conspiracy, connivance 0 unlawful agreement on the part of
the Bidder or any of its agents, representatives, 0 rs, Plrf-Y s, or arties in interest,
including this affiant. ,
~ -
(Signed) C C~ -.-
~
(Title)
My commission expires
88
~
Solid Waste Collections Contract - Augusta Disposal
NOTICE OF AWARD
To: Bill Polonus - Augusta Disposal & Recycling
P.O. Box 334
Evans, GA. 30809
Project Description: "Solid Waste Collections Contract"
The Owner has considered the Bid submitted by you for the above-described work in response to
its Invitation to Bid and Information from Bidders.
You are hereby notified that your Bid has been accepted for items in the amount
determined by the contract based on the financial bids submitted for this contract, which will
become a part of this Contract as Exhibit B, C, and D.
You are required by the Information for Bidders/Contract Documents to execute the Agreement
and furnish the required Contractor's Performance Bond, Payment Bond, and certificates of
insurance within fifteen (15) calendar days prior to the start date of the contract. However, in any
case a "Notice to Proceed" will not be given until the above mentioned items are received. Early
delivery of said documents will expedite the contracting process. Augusta recommends
submission of the required bonds and insurance with the executed "Notice of Award". These
items may have an effective date of January 1, 2006.
..-
If you fail to execute said Contract within thirty (30) days from the date ofthis Notice~"AiJgi1Sta
will be entitled to consider all your rights arising out of the Counties acceptance of your Bid as
abandoned and such other rights as may be granted by law.
You are required to return anacknowledged copy of this Notice of Award to the County.
Dated this 10th day of October, 2005.
AUgUsta-RiChmon~/
By: b,
Name and Title: Geri Sams. Director of Procurement
ACCEPTANCE OF NOTICE
Receipt ofthe aiJ'\"e Notice of Award is herehy acknowledged b~~ .g .hrrd this the
'1mdayof--UQCtmIUf ,2005.
.BY:~illl a .g .In-d
Name and Title: ,5ttrtta.ro--
89
90
Solid Waste Collections Contract - Augusta Disposal
NOTICE TO PROCEED
To:
Project Description: "Solid Waste Collections Contract"
You are hereby notified to commence work in accordance with the contract dated
fO/'2.8 ,2005, on or before January 1,2006 and you are to comply with all
tefms, conditions, provisions, etc. as identified i~ the executed Contract.
7 -t?? D
Dated this ." - day of Il ~It. .,..,.!3rr. R ,2005.
Augusta Richmond County
BY:~
Name and Title: j):1? 4~ '/;,Il.
ACCEPTANCE OF NOTICE
Receipt)/~""e above N051e to Proceed is bereby acknowledged by ~G. g, ~c:l
this the'J:!:::D day of ~ CJ ro lu y , 2005._
..."".
BY~.g .:kd
Name and Title: Y f rL-tuft
~
Solid Waste Collections Contract- Augusta Disposal
CERTIFICATE OF AUGUSTA'S ATTORNEY
I, the undersigned, Stephen E. Shepard, the duly authorized and acting legal
<"-;'.1,,~.,.
representative of Augusta-Richmond County, do hereby certify as follows:
I have examined the attached Contract( s) and surety bonds and the manner of
execution thereof, and I am of the opinion that each of the aforesaid agreements
.has been duly executed by the proper parties thereto acting through their duly
authorized representatives; that said representatives have full power and
authority to execute said agreements on behalf of the respective parties named
. thereon; and that the foregoing agreements constitute valid and legally binding
obligations upon the parties executing the same in accordance with terms,
conditions and provisions thereof.
(Signature)
Date:
End of Contract
91