HomeMy WebLinkAboutCASCADE ENGINEERING
CONTRACT
OVERVIEW
1. Parties
This Contract by and between Cascade Engineering Inc. of Grand Rapids, Michigan, a
Corporation herein and after known as "Contractor" and Augusta Richmond County, also
known as "Augusta Richmond County", "County" or "Augusta" is entering a Contract for
manufacturing, sale and delivery of Carts and services relating to collection of Garbage,
Recycling, and Yard Waste for the Solid Waste Department of Augusta.
2.. Independent Contractor Relationship
Contractor is an independent contractor of County. Contractor and its agents shall not be
considered employees of the County for any purpose. Contractor shall be responsible for
payment of taxes, including federal, state and municipal taxes chargeable or assessed with
respect to its employees, such as Social Security, unemployment, Workers' Compensation,
disability insurance, and federal and state withholding. Contractor shall also be responsible
for providing such reasonable acyommodations, including auxiliary aids and services, as
may be required under the Americans With Disabilities Act, 42 U.S.C. 121 01 et seq., so as
to enable any disabled person furnished by Contractor to perform the essential functions of
the job. Contractor agrees to defend, indemnify, and hold harmless the County from and
against any loss, cost, claim, liability, damage, or expense (including attorney's fees) that
may be sustained by reason of Contractor's failure to comply with this paragraph.
3. Ne!!Otiation 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, herein defined.
4. Initial Contract Term: Extensions A
This Contract is entered into on this G day of ~ , 2006 ("Effective
Date"). The services will begin on the date specified in the Notice to Proceed ("Start Date")
and continue for a term of approximately five (5) years, ending at Midnight December 31,
2010. The County may extend this.Contract for two (2) successive one (1) year periods. If
the County extends this Contract, the same terms, conditions, and methods of payment shall
apply during the extension period.
County's purchase obligation hereunder for succeeding fiscal periods shall be subject to
availability and appropriation of funds.
The Contractor will commence work required by the Contract Documents on the Start Date
specified in the written Notice to Proceed and will complete the initial phase within 90
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calendar days unless the period for completion is extended by mutual agreement. See
liquidated damages for non-compliance of terms.
5. Incorporation of Exhibits
5.1. The Contractor and the County acknowledge and agree that each of the following
exhibits are attached to this Contract and is incorporated into and made a part of this
Contract by reference:
· Exhibit A: Product Price List
· Exhibit B: Spare Parts Price List
· Exhibit C: Service Price List
5.2. If there is a conflict between any exhibit and the Contract, the provisions of the exhibit
shall prevail.
6. Contractor's Responsibilities
The Contractor shall be responsible for:
6.1. Furnishing all skilled labor, equipment, materials, supplies, supervlSlon and utility
services required for providing all services in accordance with this Contract unless
otherwise noted within the Contract.
6.2. All actions and activities of its subcontractors.
6.3. Supplying all records, reports, and information required by this Contract.
6.4. Securing at Contractor's expense, all governmental permits and licenses and required
regulatory approvals (including all required by County Ordinances).
6.5. Timely paying of all applicable taxes.
6.6. Complying with applicable laws and regulations.
6.7. Performing all work in a timely, professional manner.
6.8. All wages and expenses for Contractor's, sub contractors, or other employees, any
benefits or added costs resulting from changes in technology, laws, regulations, labor,
supplies, practices, availability of equipment, and other business risks that may affect the
performance of this Contract.
7. Contractor Representations and Warranties
7.1. Organization and Oualification. The Contractor is duly incorporated or otherwise
legally organized and, validly existing and in good standing under the laws of the State
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of Georgia, and has all requisite power and authority to enter into and perform its
obligations under this Contract.
7.2. 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.
(b) This Contract has been validly executed by the authorized representatives of the
Contractor and constitutes a legally binding, enforceable obligation of Contractor.
7.3. Government Authorizations and Consents. The Contractor has or will obtain prior to the
commencement date such licenses, permits, and other authorizations from federal, state,
and other governmental authorities, as are necessary for the performance of its
obligations under this Contract.
7.4. 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.
7.5. Accuracy ofInformation. 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.
7.6. Indellendent 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
8. County Representations and Warranties
The County represents and warrants to the Contractor as follows:
8.1. Organization and Oualification. 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.
8.2. Authority
(a) The County has the authority to execute this Contract, to make the representations
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and warranties set forth in it and to perform the obligations of the County under this
Contract in accordance with its terms.
(b) This Contract has been validly executed and constitutes a legally binding and
enforceable obligation of the County.
8.3. Government Authorizations and Consents. The County has such licenses, permits and
other authorizations, as are necessary for the performance of its obligations under this
Contract, and no consent, approval, or authorization of or declaration, registration or
filing with any governmental or regulatory body is required to be obtained or made by
the County as a prerequisite to its execution of this Contract or its performance of its
obligations contemplated hereby.
8.4. 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.
8.5. 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.
9. Traffic Laws. Noise Control
All Contractors vehicles shall operate in conformity with all federal, state and local laws,
rules, or ordinances related to traffic and noise control.
10. 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.
11. Contractor's Office
The Contractor shall maintain an office with telephone service and such staff as needed to
receive and respond to requests and other coordination with County staff. Office hours shall
be 8:00 a.m. to 5:00 p.m., Monday through Friday Eastern Standard Time.
12.
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Contract Area
The Contractor shall provide all services called for in this Contract within the boundaries of
Augusta Richmond County unless otherwise mutually agreed to in advance.
13. Ownership of Carts
Contractor shall retain ownership of Carts until such time that an authorized agent from
Augusta has received said Carts, receives a bill of lading, County reviews said shipment for
damage and completeness, and signs acknowledgement of receipt.
County shall not be responsible for shipping charges for items not received by Augusta,
damaged shipments, or incomplete shipments.
Contractor at their sole expense shall replace any damaged goods or shortages, as well as
make up any shortages of parts or products.
14. Ownership of Carts with Assembly and Delivery
Contractor shall retain ownership of carts until the Assembly and Delivery crew shows
documented proof that the container was delivered to storage area and properly received by a
member of the delivery crew.
Properly Received shall mean, authorized agent for Augusta has received said Carts, receives
a bill of lading, agent reviews said shipment for damage and completeness, and signs
acknow ledgement of receipt.
County shall not be responsible for shipping charges for items not received by Augusta,
damaged shipments, or incomplete shipments.
Contractor at their sole expense shall replace any damaged goods or shortages, as well as
make up any shortages of parts or products.
15. Wa2e Increases for Employees
All wages for any employees of the Contractor 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.
16. Taxes. Permits. and Licenses
The Contractor will pay all sales, consumer, use, and other similar taxes required by the law
of the place where the work is performed. The Contractor shall pay all applicable taxes levied
by federal, state, and local governments and obtain all permits on any part of the work as
required by law in connection with the work. It is understood and agreed that the cost of said
taxes is included in the contract price(s) for the work. The Contractor shall procure all
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temporary and permanent permits and licenses necessary and incidental to the due and lawful
prosecution of the work and shall pay all charges and fees, and all costs thereof shall be
deemed to be included in the contract price(s) for the work.
17. Withholdin2 and Payment of Tax Liens and Jud2ments
The County may withhold and pay to the United States of America or to any federal court, or
the State of Georgia or any state court, the amount claimed in a levy filed by the United
States Internal Revenue Service or the Georgia State Department of Revenue, respectively,
the amount directed by a writ of garnishment, writ of attachment, or writ of execution or by
an order of a Bankruptcy Court, and/or by any court order, each for monies claimed from the
Contractor. When presenting such an order, the County may in its discretion institute
interpleading proceedings. The County may make a payment in conjunction with the
interpleaded action to the appropriate court. Payments so made or deposited into the registry
of the court shall be satisfaction of payment due to the Contractor.
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CART SPECIFICATIONS
The following specifications represent the minimum standards required by Augusta.
1. The rollout cart is compatible with both standard American semi-automated bar-locking
lifters (ANSI type B) as well as automated arm lifters (ANSI type G) (and per ANSI
Z245.60-l999 and per ANSI Z245-30-l999.
2. The wheeled Carts are designed to contain recycling, yard waste and solid waste materials
including paper, fibers, garbage, refuse, rubbish, and yard clippings.
3. The cart is designed to accommodate a load of three hundred thirty five (335) pounds for a
96 gallon cart, 200 for a 64 gallon cart, and 125 for a 35 gallon cart excluding the weight of
the cart.
4. The cart has wheels and axles that are designed to support the weight of the cart and its
contents.
5. The cart is made with plastic material using hot melt compounding, that are specifically
prepared to be colorfast so that they do not alter appreciably in normal use.
6. The carts will have a color as directed by County; these colors must be stabilized against
ultraviolet light attack with not less than one half of one percent (1/2 of 1 %) UV 531 or
equivalent. "
7. Vendor must provide a minimum of 3 differing colors of cart bodies as well as 3 differing
colors of lids.
Augusta will make specific color selections for the body and lids at the time of order.
8. The lid of the cart is designed to facilitate water run-off.
9. The lid is held closed by its weight only. No latches are used or required.
10. The lid is designed to allow opening without having to touch the bottom edge of the lid.
11. The cart, when empty, will not overturn when the lid is thrown fully open.
12. The cart will be hot stamped with a Logo as designed by County, on the side(s) of the cart.
Stamping will be done in white. Serial Numbers shall be hot stamped on the cart body up to
a maximum of seven digits. Serial numbers may be omitted by County if other tracking
options are utilized.
13. The cart is provided with ten (10) inch wheels for the 96 and 64 gallon carts mounted on a
7/8 inch diameter hollow axle for the 96, 5/8" hollow axle for the 64, and eight (8) inch
wheels will be mounted on a 5/8 inch diameter solid axle for the 35 gallon Carts. Handles
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will be such that the Cart can be pushed or pulled with little effort.
14. The body of the cart is composed of recyclable medium or high-density polyethylene that
has been injection molded with a minimum thickness of 0.165 inches and a nominal wall
thickness of .175 inches.
15. The capacity of the carts are 35,64 and 96 U.S. gallons, excluding domed lid.
16. The design of the cart lid shall prevent the lid from being flung open by the wind.
17. The cart is designed to prevent being turned over by winds of up to 45 mph for a 96 gallon
Cart, 40 mph for a 64 gallon Cart, and 27 mph for a 35 gallon Cart in any direction.
18. There will be a minimum of 33 pounds of plastic in a 96 gallon Cart, 24 pounds of plastic in
a 64 gallon Cart, and 15 pounds of plastic in a 35 gallon Cart.
19. RF Id tags and a PSA with bar codes may be added to the Carts at Augusta's request as
defined in the price documents with the warranty as defmed in the Warranty section of this
Contract.
20. In-mold graphics may be added to the Carts at Augusta's request as defined in the price
documents with the same warranty as the Cart. The cost to create the custom graphic(s) is
included in the cost per label.
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WARRANTY
1. Cascade Standard Warranty:
Cascade Engineering, Inc. ("CE") warrants its residential refuse carts from functional failure due
to defects in plastic materials or faulty workmanship or insufficient resistance to weathering
while in normal use for a period of ten (10) years ( 120 months) from the date of shipment from
the manufacturing facility to any purchaser ("Shipment Date"). Notwithstanding the above, CE
shall provide purchaser with a spare parts supply of component parts, such as axles and wheels,
which fail; purchaser shall be responsible for the labor cost incurred to install those replacement
component parts arid re-assemble the residential refuse cart.
For purposes of this warranty, "normal use" of a residential refuse cart is considered to be the
collection of residential solid wastes in conjunction with an approved semi-automated or fully
automated mechanical lifting device. If a dumping device other than one approved by CE is to
be used for semi-automated or fully automated dumping, written approval of that brand and
specific model of dumping device must be obtained from. CE prior to use. Adjustments or
modifications may be required for approval.
CE shall be promptly notified of any failures under warranty in order that such failures may be
inspected. Residential refuse carts which fail shall be accumulated by the customer, but no
accumulation of defective products shall exceed 20 residential refuse carts without written
notification to CEo
Specifically excluded from this warranty are damages due to negligent or abusive use or normal
wear and tear, including but not limited to, those items listed on Schedule A attached. Also
specifically excluded are carts used as crew carts, dumped manually, or used for any purpose
other than residential solid waste and curbside recyclables collection. Negligent, abusive, or
specifically excluded use of carts voids this warranty after such use. This warranty is also
voided upon the resale of the residential refuse carts.
THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED W ARRAN1'IES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
SHALL CE BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR
ANY DELAY IN PERFORMANCE UNDER THIS WARRANTY.
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RESIDENTIAL REFUSE CART
SCHEDULE A
FOLLOWING ARE DESCRIPTIONS OF SEVERAL SITUATIONS WHERE THE
WARRANTY DOES NOT APPLY BECAUSE OF IMPROPER USE, NEGLIGENCE, ETC.
THESE SITUATIONS ARE GIVEN AS EXAMPLES ONLY AND EXCLUSIONS FROM
WARRANTY COVERAGE ARE NOT LIMITED TO THESE SITUATIONS.
EXAMPLES OF NORMAL WEAR AND TEAR:
o Scratches, cuts or scores from any source.
o Accumulation of dirt or any other similar substance.
o Normal deterioration of metal parts during services.
o Normal discoloration due to atmospheric exposure or water conditions.
o Appearance of rust on steel parts.
EXAMPLES OF NEGLIGENT OR ABUSIVE USE:
o Exposure to heat which may result in bums, scorches, melting.
o Exposure to chemicals such as solvents, petrochemicals, paints, or acids.
o Major impacts such as being hit by a vehicle.
o Improper storage such as storage in stacks, on lids, near heat or chemicals, outside
uncovered without lid on, or in any area where damage may occur.
o Improper handling such as dropping stacks off delivery trucks, dragging over
rough surfaces, stacking with wheels on, forcing through narrow openings,
allowing packer mechanism to hit cart during dumping cycle.
o Improper handling by automated arms such as any scratches, cuts, creases, scores,
cracks or breaks from a maladjusted or improper automated lift arm or semi-
automated lift arm or semi-automated dumper, including squeezing lid with arm
and dropping cart into packer or possible wheel/axle damage and including
excessive lift speed including any lift speed faster than six seconds for full lift-
dump-down cycle.
o Failure to properly open or secure lids when emptying or handling carts.
o Improper use such as any use other than for storage, transport, and dumping
normal single unit residential solid wastes, including such improper use as:
~ Construction, industrial, landscaping, liquid storage/transport, bulk solids
storage/transport, recreational, commercial, food service and institutional
applications.
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2. Additional Warranty above the Standard Warranty.
The entire cart is covered by a minimum ten (10) year, full and non-prorated warranty.
Said warranty shall begin upon County Properly Receiving said Carts as defined by this
Contract.
Any component or parts which fail to perform as specified in this warranty shall be replaced.
by the Contractor at No Charge to the County by delivering the' items to the locations as
specified by the County.
The County at its discretion may make minor or urgent repairs with its own labor. The
County agrees to furnish, in writing, a list of Carts repaired with the nature of the repair.
Upon notification from the County, the Contractor shall make arrangements to make any
warranty repairs. The Contractor shall supply all labor and parts for those repairs at no
charge for transportation, parts, labor, or any other fees or charges. At least quarterly the
Contractor shall provide reports to the County reflecting each repair made or other
disposition.
The Contractor warrants components and parts from failure. Any component or part that
becomes inoperable during the period stated herein will be replaced by the Contractor at no
cost to the County. Warranty includes, but is not limited to, the factors listed below:
2.1. Failure of the lid to prevent rainwater from entering the container when closed on the
container body.
2.2. Failure of the lid hinge to remain fully functional and continually hold the lid in the
originally designed and intended positions when either opened or closed.
2.3. Damage to the container body, the lid, or any component parts caused by opening or
closing the lids.
2.4. Failure of the axel or any other metal components to remain free of excess rust and
corrosion to be determined by the County.
2.5. Failure of any plastic component to be resistant to damage in the event of contact with
any common household or residential products or chemicals.
2.6. Failure of any portion of the bottom of the cart to remain impervious to damage or
wear-through after repeated contact with rough and abrasive surfaces. At any time
during this warranty's period, any Carts bottom becomes worn, torn, punctured, or
fractured, whether through normal wear and tear or otherwise, so that it leaks when
filled with water, such Cart body shall be replaced in its entirety and without charge
under the warranty.
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2.7. Failure of the plastic tire to remain in place and fully serviceable, as designed and
intended on the wheels.
2.8. Failure of the Cart body, lid, hardware, or any component parts to remain their original
shape.
2.9. Failure of the wheels, axles, tires or other components to provide continuous, easy
mobility as originally designed and intended.
2.l0.Failure of any Cart body, lid, wheels, or other component part to conform to the
minimum standards specified herein; e.g., failure to use only first quality, high density,
resin or parts.
2.ll.Failure or damage to cart caused by incompatibility of the cart and the County's
contracted private haulers cart lifters/dumpers provided that all equipment is maintained
and operated within manufacturer's specifications for installation, operation, cycle
times and maintenance.
2.12. Failure of any components that are designed to be wear points and need to be replaced.
2.13. Failure of in-mold graphics to retain their original color, clarity, and integrity.
2.14. Failure of any RF Id tag to remain attached to the Cart, be read by a proper RF Id tag
reader, or other means of becoming inoperable.
2.15. In addition to other costs that may be recouped, the County may include costs of
personnel and assets used to coordinate, inspect, and re-inspect items within this Contract as
well as attorney fees if applicable.
2.16. Cascade reserves the right to inspect hauler/private hauler(s) equipment to determine
suitability with carts and to assess if equipment is operated within manufacturer's
specifications for cycle time and compatibility. Should incompatibilities be determined with
hauler(s) equipment, CE will make a written request, indicating the appropriate adjustments
to comply with manufacturer's specifications for the equipment. Should the hauler opt not to
make adjustments, any damage occurring as a result of incompatibility will be deemed
negligence and is not warrantable. Cascade will make a minimum of one inspection annually
of hauler equipment.
2. Warranties/Guarantee
Contractor warrants that all materials, equipment, products, and/or services provided shall be
fit for the purpose(s) for which they are intended, for merchantability, and shall conform with
the specifications which are made an attachment and incorporate by reference to this
contract. Contractor further warrants that all items shall comply with the applicable safety
and health standards established for such products by the U.S. Occupational Safety and
Health Act (OSHA) and/or Consumer Products Safety Act, and all other applicable federal
laws or agency rules; all items are properly packaged; and all appropriate instructions or
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warnings are supplied including any applicable MSDS sheets. Contractor further warrants
that it has good title to goods supplied hereunder and that they are free of all liens and
encumbrances. These warranties are in addition to those implied in fact or in law. All
warranties included in this or the specification, unless expressly described otherwise, will
cover labor, travel, time, mileage, or zone charge for the life of the warranty.
3. Guarantee
The Contractor shall guarantee all materials, products/services and equipment furnished and
work performed for a period of ten (10) year from the date of acceptance by Augusta. The
Contractor warrants and guarantees for a period often (10) year the completed system is free
from all defects due to faulty materials or workmanship and the Contractor shall promptly
make such corrections as may be necessary by reason of such defects including the repairs of
any damage to other parts of the system resulting from such defects. The Augusta will give
notice of observed defects with reasonable promptness. In the event that the Contractor
should fail to make such repairs, adjustments, or other work that may be made necessary by
such defects, the owner may do so and charge the Contractor the cost thereby incurred. The
contract will be bonded by one year renewable bonds.
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PUBLIC AWARENESS CAMPAIGN
1. The Contractor shall provide a public awareness campaign to educate the customers of dos
and don'ts of using the Carts as well as key solid waste program information during the
initial implementation phase of this Contract. This initiative shall include the following:
1.1. Develop and implement an informational flier(s) specific to the solid waste program of
the County to be delivered during the implementation phase.
1.2. Develop and implement a video for public access channels.
1.3. A direct mailing to residents who received Carts re-informing of do's and don'ts as well
as other solid waste program information.
2. The contractor shall provide literature of the dos and don'ts of using the Carts as well as key
solid waste program information as part of on ongoing public awareness campaign to educate
the customers.
2.1. Develop and implement informational flier(s) specific to the solid waste program of the
County to be delivered every time a Cart is delivered, exchanged or touched for
warranty purposes.
3. Items to be included shall include the following. This list many not be all inclusive.
3.1. Materials to be collected and how such materials are to be prepared.
3.2. Date that the customer shall begin using the new Cart that was delivered.
3.3. Cart and material placement information.
3.4. Days of Service by commodity.
3.5. Telephone number of the County department that customers can call for additional
information or for questions.
4. Augusta may wish to coordinate other facets of public awareness, education,
communications, literature, etc via this Contract, called Media.
4.1. Augusta has included an annual budget (not to exceed) amount for Media services in
exhibit C, which are in addition to those aforementioned.
4.2. Augusta and Contractor will work closely to determine the scope of work for Media
servIces.
4.3. Contractor shall charge the actual cost of said Media services plus an administrative fee
of ten percent (10%) for those services.
4.4. Augusta shall have input on any subcontractors working on this portion of the project,
and Augusta must approve all said subcontractors prior to any work being performed.
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DELIVERY OF CARTS
1. Days of Delivery
The Contractor shall make all deliveries on the days of Monday through Saturday, or as
otherwise required by County. Any deviations to this shall have prior written approval from
the County, and the County shall have the final and sole decision.
2. Additional Carts
2.1. The residents of the Contract Area may request one or more additional Carts from the
County.
2.2. All additional Carts must be approved by the County prior to being delivered.
3. Place of Deliverv
3.1. The normal delivery point for Carts shall be at curbside or at the right of way. Special
arrangements may be made by the County on a case-by-case basis to accommodate
extraordinary situations.
3.2. The County on a case-by-case basis may require alley delivery.
3.3. The County shall monitor any delivery routes or a portion of a route on a regular basis
to determine if the Contractor is placing Carts in the appropriate locations in a neat and
orderly manner.
3.4. The Contractor shall provide special placement(s) for those individuals who are
designated as Handicapped/Special Needs by the County.
3.5. If it would appear to a reasonable person that the Contractor is not placing Carts in a
neat and orderly manner and the Carts upright, then the Contractor could face damages
as stated within the liquidated damages section of this Contract.
4. County Liaisons
County shall provide personnel during the assembly and delivery process to respond to
resident questions. This may be County personnel or hauler contractor personnel providing
that there is route familiarity.
5. Delivery to Additional Locations
The County may add additional delivery points within the Contract 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.
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6. Time of Delivery
The Contractor shall make delivery between dawn to dusk Monday through Saturday. Any
other schedule must be approved in writing by the County.
7. Service Disruptions Due to Weather
Service disruptions due to weather shall occur when one (1) or more of the following events
have occurred.
7.1. The County closes for a weather related issue.
7.2. The County notifies the Contractor of the County's wish to have the Contractor suspend
services for weather related issues.
7.3. The Contractor notifies the County of the Contractors wishes to suspend assembly and
delivery services for weather related issues. The County shall reasonably evaluate the
situation, and make a determination of such conditions.
8. Service Disruptions - Non Weather
A number of impediments may require special efforts to accomplish under this Contract.
8.1. On-Street Parking
Certain neighborhood streets allow "on-street parking" which may present
impediments. The Contractor shall perform services even if the curb is blocked.
8.2. Blocked Streets/Renovations/Construction
When closure of roadways providing access, blocked streets or other disruption beyond
the Contractor's control prevents timely service on the scheduled day. If service was
not possible, the Contractor shall provide service on the next business day.
9. Cart Stora2e
The Contractor shall coordinate storage space for Carts. Augusta will locate and provide
suitable County owned property for storage purposes. Storage area(s) shall be secure and
paved. The area must provide for access and adequate turn around for 53' trailers. A
minimum of four (4) areas need to be provided for staging.
10. Meetin2s and Communication
In order to minimize problems during the implementation phase 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:
10.1. The period from the date the Contract is awarded until initial services have been
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Page 17 000
completed (or such earlier date as may be mutually agreed to by the parties) shall be
referred to as the "Implementation Phase". During the implementation phase, meetings
shall be held between representatives of the parties on a once a week basis The primary
purpose of such meetings shall be to develop and/or refine the Operations Plan, to
evaluate the Contractor's performance in implementing the Contract, to evaluate cart
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.
10.2. After the Implementation Phase, meetings shall be held at least on a semi-annual basis,
unless otherwise mutually agreed to.
10.3. Should the County utilize the asset management system of the Contractor, a monthly
meeting may be required should Augusta request such meetings.
10.4. 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.
11. Removal of Existin2 Carts
The Contractor may enter a separate agreement with Augusta's solid waste collection
Haulers to remove their current carts. This agreement will be separate from this Contract,
and Augusta shall not bear any cost for the removal of said used carts.
Contract between Augusta and Cascade Engineering Inc.
Page 18 000
ASSET MANAGEMENT SYSTEM/INITIAL AUDIT
1. The Contractor shall provide a detailed initial audit associated with this Contract. The
Contractor shall provide the following:
1.1. A complete audit of the collection area including vacant lots, unimproved property,
multifamily, multi unit, single family, and other property definitions as well as, number
of cans delivered, can id's delivered, and other information as requested by Augusta.
1.2. Must coordinate with Augusta's GIS, IT department(s) to ensure program success.
1.3. Uploading data into a usable format for new billing software program.
1.4. Provide a list of changes back in original format.
1.5. Provide a list of exceptions from the original list.
1.6. Providing the hardware and software to perform audit, install, and future maintenance.
2. The Contractor shall provide a detailed asset management system associated with this
Contract. The Contractor shall provide the following:
2.1. Deliver, collect, clean, remove and maintain carts for Augusta.
2.2. Perform warranty repairs to carts as needed.
2.3. Coordinate warranty claims on behalf of Augusta.
2.4. Track and report on non-warranty claims and damages to carts, so Augusta may bill or
recoup costs associated.
2.5. Provide new customer welcome packets or other Media as carts are delivered.
2.6. Attend community events to educate the public about Cart use, cleaning, do's and
don'ts, etc.
2.7. Work/educate haulers of proper use, maintenance, and care of cart tippers/dumpers to
limit warranty and/or damage claims.
2.8. Keep proper inventory of assets ensuring program success.
2.9. Provide full history of all transactions and associated costs.
2.10. Assign and maintain containers locations.
2.11. Provide real time asset value.
2. 12. Provide real time asset location(s).
Contract between Augusta and Cascade Engineering Inc.
Page 19 of70
2.13. Ensure accurate inventory.
2.14. Provide real time route audits as well as possible annual audits.
2.l5.Generate custom reports.
2.16. Provide a web site to Augusta to track and review aforementioned items.
2.17. Provide training on hardware and software utilization, reporting, etc.
2.18. Other tasks as assigned, relevant to asset management, placement of carts, warranty and
auditing of assets.
3. Supplvin2 Carts
3.1. The Contractor will supply the County with Carts for distribution to the Customer.
3.2. Carts for new customers shall be delivered within forty eight (48) hours of notification
from the County. Carts will be delivered in a clean, sanitary, working condition.
3.3. 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.
3.4. No other cans or Carts may be placed into service unless approved by the County or as
otherwise noted in the Contract.
3.5. Should a customer require a replacement Cart due to loss, stolen or damage, the
Contractor has forty eight (48) hours or the next garbage collection day, whichever is
greater, to replace the Cart with a Cart in clean, sanitary, working condition. A list of
lost or damaged Carts will be provided to the County with the Monthly Report, to
include address so the County may bill the appropriate party.
3.6. The Contractor is responsible for all repairs to Carts. Only factory or approved parts
may be used to repair said Carts. Any damaged Carts that can not be repaired by the
Contractor shall be returned to the County so they may follow the warranty process.
3.7. If a customer discontinues service, the Contractor has forty eight (48) hours to collect
the Cart.
3.8. All Carts physically returned to the County shall be clean, sanitary, and in working
condition, unless being returned for damages beyond repair, then the Cart must be
returned clean and sanitary.
3.9. This section is subject to the liquidated damages section of this Contract.
Contract between Augusta and Cascade Engineering Inc.
Page 20 000
4. Cart Stora2e
The County shall provide storage space for Carts. The Contractor shall be responsible to
keep said storage area neat and clean.
5. Minimum CartlBin Percenta2e
The Contractor shall work with the County to ensure a minimum inventory of Carts, and
parts (lids, wheels, axels, spacers, dump bars, etc). The County and Contractor will work to
establish minimum mventories required for success.
Contract between Augusta and Cascade Engineering Inc.
Page 21 000
MANNER OF SERVICE
I. Employee Conduct
1.1. The Contractor is responsible for providing supervIsIOn necessary to ensure that
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. Employees shall wear or carry
identification supplied by the Contractor.
1.2. When the County identifies unsatisfactory conduct by an employee and the County
notifies the Contractor of such conduct, the Contractor shall take remedial action. The
remedial action shall be appropriate to the level of unsatisfactory conduct, provided that
if the County requests of the Contractor that an employee be suspended from further
work on the Contract for unsatisfactory conduct, the Contractor will permanently
remove the employee from further work on the Contract.
1.3. The Contractor will notify the County of remedial action taken.
1.4. 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.
1.5. Through the process identified above, the County will have the sole right to require the
removal and replacement of such employee(s) by the Contractor and/or subcontractors.
The County shall exercise such right by providing written notice to the Contractor via
U.S. Mail, fax or email. Such notice will include the County's reason for the request.
1.6. The Contractor will ensure that they and/or the subcontractor employ sufficient
qualified persons to prosecute the work and complete this contract.
1.7. The term "personnel" shall include all staff provided by the Contractor or its
subcontractors who work or perform services under this Contract.
2. Dama2e Claims
2.1. 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.
2.2. 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 three (3) business days of the date of incident, and shall
include the name, address, telephone number, description of incident, witness
Contract between Augusta and Cascade Engineering Inc.
Page 22 of 70
information and the description of the remedy. The Contractor shall actively work to
resolve the claim in a timely manner. Timely shall mean, after the Contractor has
received notice of damage: a) claims which are processed directly by the Contractor
(not a claim submitted under insurance) shall be resolved within thirty (30) calendar of
the day of incident; and, b) claims to be submitted to an insurance carrier, will be
reported to the carrier within ten (10) business days and a position letter on the claim
reported from said claim within thirty (30) calendar 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 and is not processed 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.
3. Customer Grievances
The Contractor will designate a representative to adjudicate 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.
4. Emplovee Uniforms/Identification
4.1. Employees who perform work under this Contract shall wear a uniform. Uniforms shall
be of similar type and color for employees.
4.2. 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.
4.3. 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.
4.4. All uniform shirts and outerwear shall have the company name placed in a conspicuous
place. In addition, supervisors shall have the word "supervisor" placed in a
conspicuous place.
4.5. The Contractor shall carry identification indicating the name of the employee, the
company name and contact information.
Contract between Augusta and Cascade Engineering Inc.
Page 23 000
CONTRACT PRICING
1. Increase or Decrease in Quantities
The County reserves the right to increase or decrease the quantities of any item under this
contract and pay according to the unit price, as listed. If the unit price does not compute to
the total price the unit price shall govern.
2. Ne2otiation of Additional Services
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.
3. Taxes
Augusta, Georgia is exempt from Georgia Sales Tax and Federal Excise Tax. No prices
charged should include these taxes under any circumstances.
4. Pavrnent for Services
4.1. The County shall pay the Contractor after receIvmg products/services under this
Contract. Payment shall be based on the products/services received multiplied by the
appropriate rate.
4.2. The County shall deduct any assessments due from the payment owed to the Contractor.
4.3. The County shall add additional monies owed for additional products/services provided
for under this Contract.
5. Contract Price(s)
See Exhibits: A through C
6. Adiustments
6.1. CMAI Adjustment
(a) The Contractor shall be entitled to one hundred percent (100%) of the actual
percentage change in the CMAI (as hereinafter defined).
(b) The "CMAI" is the Commercial Market Associates, Inc. plastics index that reports
current market costs for HDPE-injection grade resin as reported monthly in Plastics
News from major petrochemical suppliers. The CMAI index is the industry standard
for per pound resin costs.
Contract between Augusta and Cascade Engineering Inc.
Page 24 of 70
(c) General conditions for adjustments
1. The CMAI Index percentage change will be determined from January 1 sl
to December 31 sl of the previous year, with an implementation of the
adjustment on June 1 st, and every June 1 sl thereafter with the first
increase starting in June of2007.
2. The Contractor must notify the County in writing by March 31 sl of each
year beginning March of2007, of the amount and percentage of any rate
adjustment allowed under this section. If timely notice is not received
by the County, no increase will be allowed for that year.
3. In any event, the adjustment(s) will be limited to a maximum increase
amount of four percent (4%) annually and a maximum decrease amount
of eight percent (8%) annually.
4. Should there be an extraordinary change in the cost of resin used to
manufacture Carts which are utilized by Augusta which impacts the true
cost of the contract, the Contractor and/or the County shall have the right
to petition for an equitable adjustment.
2. Payment Procedure
a. The Contractor shall submit a monthly invoice to the County. The invoice shall
be for products/services performed in the previous month at a price for that
product/service as outlined in Exhibits A through C and other provisions in this
Contract.
b. The. County shall pay the Contractor within thirty (30) days of receipt of an
undisputed invoice.
c. Payment requests shall be accompanied by:
1. Data supporting the payment request.
2. 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.
3. Certification from the Contractor that is has evaluated all conditions as
may relate to this Contracts "Most Favorable Customer" language, and
can certify that it has met all said requirements thereof.
4. Certification from the Contractor that it has fully and properly met all
obligations under the Contract, and has done so fully and honestly.
Contract between Augusta and Cascade Engineering Inc.
Page 25 of 70
5. Required DBE forms.
6. Payment for services will not be paid until the above mentioned items
have been received.
d. 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.
3. Most Favorable Customer
If Contractor, at any time during the Contract period enters into an agreement or
contract with another customer (public or private), with a location in the Southeast
region (NC/SC/TN/GAI AL/MS) and offers the same or substantially the same base
product(s), service(s), or additional products or services that may be considered
options offered to the County on a basis that provides pnces, warranties, benefits and
or terms more favorable than those provided to the County, Contractor shall notify
Augusta of that offering on a quarterly basis. This Contract with Augusta shall be
deemed to be automatically amended and effective retroactively to the effective date
of the most favorable agreement or contract, wherein Contractor shall provide the
same prices, warranties, benefits, or terms to Augusta. The County shall have the
right and option at any time to decline to accept any such change, in which case the
amendment shall be deemed null void. Augusta shall have the sole and final decision
on what is considered the most favorable.
Contract between Augusta and Cascade Engineering Inc.
Page 26 of 70
REPORTING REQUIREMENTS
1. 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. 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.
1.1. Project time schedule
1.2. Weekly manufacture status
1.3. Weekly delivery status to County with attached manifesto
1.4. Phase delivery schedule
1.5. Daily status report - recording number of deliveries per day
1.6. Audit results
1.7. Inventory
1.8. Cost tracking
Contract between Augusta and Cascade Engineering Inc.
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SECURITY, LIABILITY, DAMAGES
1. Indemnitv
Contractor shall defend, indemnify, and hold harmless the County (including its officers,
employees, and agents) from all demands, damages, liabilities, costs, and expenses (including
reasonable attorney's fees), judgments, settlements, and penalties of every kind arising out of
its performance of products/services including, without limitation, damages for personal
injury or death or loss or damage to property due, or claimed to be due, to the negligence or
willful misconduct of Contractor including such portion thereof due, or claimed to be due, to
the negligence of the County except that Contractor shall have no duty to hold harmless the
County for such portion of the foregoing proximately caused by negligence or misconduct of
the County, and if any suit, claim, or demand was defended by Contractor, then the County
will reimburse Contractor for its pro-rata share of its costs, expenses (including reasonable
attorney's fees), and damages. The County may elect to participate in the defense of any suit,
claim, or demand by employing attorneys at its own expense, without waiving Contractor's
obligations to indemnify, defend, or hold harmless. Contractor shall not settle or compromise
any claim, suit, or action, or consent to entry of judgment without the prior written consent of
the County and without an unconditional release of all liability by each claimant or plaintiff
to the County.
2. Limitation of Liabilitv
Each party's liability to the other for any loss, cost, claim, liability, damage, or expense
(including attorneys' fees) relating to or arising out of any negligent act or omission in its
performance of obligations arising out of this Contract, shall be limited to the amount of
direct damage actually incurred. Absent gross negligence or knowing and willful misconduct
which causes a loss, neither party shall be liable to the other for any indirect, special or
consequential damage of any kind whatsoever.
3. Insurance
The Contractor shall purchase and maintain such insurance as will protect him from claims
set forth below which may arise out of or result from the Contractor's execution of the work,
whether such execution be by himself or by any other subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be liable:
3.1. Claims under workman's compensation, disability benefit, and other similar employee
benefit acts;
3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death
of his employees;
3.3. Claims for damages because of bodily injury, sickness or disease, or death of any
person other than his employees;
Contract between Augusta and Cascade Engineering Inc.
Page 28 of 70
3.4. Claims for damages insured by usual personal injury liability coverage which are
sustained (1) by any person as a result of an offense directly or indirectly related to the
employment of such person by the Contractor, or (2) by any other person;
3.5. Claims for damages because of injury to or destruction of tangible property, including
loss of use resulting there from.
Certificates of Insurance acceptable to the Augusta shall be filed with the Augusta prior to
commencement of the work. These Certificates shall contain a provision that coverage
afforded under the policies will not be canceled unless at least thirty (30) days prior written
notice has been given to the Augusta. The Contractor shall procure and maintain, at his own
expense, during the contract time, liability insurance as hereinafter specified. The limits of
liability the contract time, liability insurance as hereinafter specified.
Contractor's General Public Liability and Property Damage Insurance including vehicle
coverage issued to the Contractor and protecting him from all claims for personal injury,
including death, and all claims for destruction of or damage to property, arising out of or in
connection with any operations under the contract documents, whether such operations be by
himself or by any subcontractor under him, or anyone directly or indirectly employed by the
Contractor or by a subcontractor under him. Insurance shall be written with a limit of liability
of not less than $1,000,000 for all damages arising out of bodily injury, including death, at
any time resulting therefrom, sustained by anyone person in anyone accident; and a limit of
liability not less than $1,000,000 aggregate for any such damages sustained by two or more
persons in anyone accident. Insurance shall be written with a limit of liability of not less than
$1,000,000 for all property damage sustained by anyone person in anyone accident; and a
limit of liability of not less than $1,000,000 aggregate for any such damage sustained by two
or more persons in anyone accident.
The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage
insurance upon the contract to the full insurable value thereof for the benefit of the Augusta,
the Contractor, and subcontractor as their interest may appear. This provision shall in no way
release the Contractor or Contractor's Surety from obligations under the Contract documents
to fully complete the project.
The Contractor shall procure and maintain, at his own expense, during the contract time, in
accordance with the provisions of the laws of the state in which the work is performed,
Workmen's Compensation Insurance, including occupational disease provisions for all of the
latter's employees unless such employees are covered by the protection afforded by the
Contractor. In case any class of employees engaged in hazardous work under this Contract at
the site of the project is not protected under Workmen's Compensation statute, the Contractor
shall provide, and shall cause each subcontractor to provide, adequate and suitable insurance
for the protection of his employees not otherwise protected. Each insurance policy shall be
renewed 10 days before the expiration date thereof.
Insurance policies must be carried by a recognized insurance company licensed to do
business in the state in which the project is constructed and approved by the Owner's
Attorney.
Contract between Augusta and Cascade Engineering Inc.
Page 29 of 70
The insurance certificates themselves must contain the naming of the aforestated special
hazards.
The Contractor shall not commence work under this Contract until he has obtained all of the
insurance required and such insurance has been approved by the Owner, nor shall the
Contractor allow any subcontractor to commence work on his subcontract until the insurance
required of the subcontractor has been so obtained and approved.
In the event any insurance coverage should be canceled or allowed to lapse, the Contractor
will not be permitted to work until adequate and satisfactory insurance is in effect. Failure to
keep insurance policies in effect WILL NOT be cause for any claims for extension of time
under this Contract.
4. Contract Security
The Contractor shall within ten (10) days after the receipt of the Notice of Award furnish the
County with an annual Performance Bond and a Payment Bond in penal sums equal to the
amount of the fIrst year of the Contract price or one hundred thousand dollars ($100,000),
whichever is greater, conditioned upon the performance by the Contractor of all
undertakings, covenants, terms, conditions, and agreement of the contract documents, and
upon the prompt payment by the Contractor to all persons supplying labor and materials in
the prosecution of the work provided by the contract documents. The performance and
payment bonds will be renewed annually. The second and subsequent years of the contract
will be bonded in the amount of 100% of the contract for each such year or one hundred
thousand dollars ($100,000), whichever is greater. Failure of Western Surety to renew or
issue additional bonds on the project would not constitute default on any previously issued
bond. Cascade Engineering will own the responsibility for ensuring that bonds are renewed
annually. The performance bond provided by Western Surety Company will cover only the
first year of warranty. The balance of the ten year warranty will be the sole responsibility of
Cascade Engineering, Inc. Such bonds shall be executed by the Contractor and a corporate
bonding company licensed to transact such business in the state in which the work is to be
performed and named on the current list of "Surety Companies Acceptable on Federal
Bonds" as published in the Treasury Department Circular Number 570. The expense of these
bonds shall be borne by the Contractor. If at any time a surety on any such bond is declared a
bankrupt or loses its right to do business in the state in which the work is to be performed or
is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall
within ten (10) days after notice from the Augusta to do so, substitute an acceptable bond (or
bonds) in such form and sum signed by such other surety or sureties as may be satisfactory to
the Augusta. The premiums on such bond shall be paid by the Contractor. No further
payments shall be deemed due nor shall be made until the new surety or sureties shall have
furnished an acceptable bond to the Augusta.
The attorney-in-fact or officer who signs the Performance Bond and the Payment Bond for a
surety must file with such bond a certified copy of his power of attorney authorizing him to
do so.
Contract between Augusta and Cascade Engineering Inc.
Page 30 of 70
5. Liquidated Dama2es - Reasonable pre-estimate of Owners Dama2es
5.1. Augusta is committed to delivering quality solid waste disposal services to its citizens
and maintaining clean streets and public areas. This Section establishes damages for
failure to meet performance standards hereinafter set forth. This section is independent
of the section addressing default under this Contract. 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 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.
5.2. This Section is independent of the default provision within this Contract. The amounts
agreed to herein for each act or omission( s) are Liquidated Damages. Liquidated
Damages may be set-off and deducted from the monthly payment to the Contractor.
5.3. This section will be effective on the Start Date.
(a) Performance
Standard
(Omission):
Damage:
(b) Performance
Standard
(Omission):
Damage:
(c) Performance
Standard
(Omission):
Damage:
Not placing Carts in the designated locations in a neat, upright and
orderly manner.
$10 per incident
Not completing the agreed upon implementation phase and or
manufacturing schedule within the specified period.
$1000/for each consecutive calendar day
Not completing a delivery to an address within (48) hours or the next
garbage collection day, whichever is greater.
$25 per incident per day (each Cart represents a separate
incident)
(d) Performance
Standard
(Omission): Failure to deliver educational package to each resident.
Damage: $5/per incident.
Contract between Augusta and Cascade Engineering Inc.
Page 31 of70
( e) Performance
Standard
(Omission):
Failure to start the implementation phase on the agreed upon date.
Damage:
$l,OOO/for each consecutive calendar day.
5.4. The liquidated damages set forth above are not intended to compensate the County for
any damages other than inconvenience and loss of use or dell:lY in services. The
existence or recovery of such liquidated damages shall not preclude the County from
recovering other damages in addition to the payments made hereunder which the
County can document as being attributable to the above referenced failures. In addition
to other costs that may be recouped, the County may include costs of personnel and
assets used to coordinate, inspect, and re-inspect items within this Contract as well as
attorney fees if applicable.
Contract between Augusta and Cascade Engineering Inc.
Page 32 of 70
EQUAL OPPORTUNITy/NoN-DISCRIMINATION, DRUG FREE WORK PLACE
1. Good Faith Use of Disadvanta2ed 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).
2. Definition(s)
2.1. Minority Person - A United States citizen or permanent resident alien (as defined by
the Immigration and Naturalization Service) of the United States, who is Asian, Black,
Hispanic, Native American, or female, also one who is economically and socially
disadvantaged.
2.2. 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 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.
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2.3. 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. .
2.4. Small Business Enterprise (SBE) - A local small business which 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.
3. DBE Utilization
3.1. 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 this clause. 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 is 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.
3.2. 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 County.
3.3. 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:
Director of Disadvantaged Business Enterprise
501 Greene Street, Suite 304
Augusta, Georgia 30901
Contract between Augusta and Cascade Engineering Inc.
Page 34 000
(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 said
request 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.
( 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:
Director of Disadvantaged Business Enterprise
501 Greene Street, Suite 304
Augusta, Georgia 30901
(d) 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. Reportin2 ReQuirements and Post Award Compliance
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.
4.1. Attachment "A" and Attachment "B" shall be completed and submitted with proposal in
a separate sealed envelope, indicate N/ A if no participation.
Contract between Augusta and Cascade Engineering Inc.
Page 35 of 70
4.2. All firms must have a valid and current certification awarded by the Office of the DBE;
Department of Transportation; GDOT; or other recognized certification entity.
(a) Any Contractor found to have knowingly engaged in or participated in any attempt,
directly or indirectly, to evade the requirements of this DBE Contract 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.
(b) During the performance of the work under this contract, the Contractor shall keep
such records as are necessary to determine compliance with its DBE 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.
(c) 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.
5. Non-discrimination
Pursuant to IC 22-9-1-10 and the Civil Rights Act of 1964, Contractor shall not discriminate
against any employee or applicant for employment in the performance of this contract. The
Contractor shall not discriminate with respect to hire, tenure, terms, conditions or privileges
of employment or any matter directly or indirectly related to employment, because of race,
color, religion, sex, disability, national origin or ancestry: Breach of this covenant may be
regarded as a material breach of contract. Acceptance of this contract also signifies
compliance with applicable Federal laws, regulations, and executive orders prohibiting
discrimination in the provision of services based on race, color, national origin, age, sex,
disability or status as a veteran.
Contract between Augusta and Cascade Engineering Inc.
Page 36 of 70
6. Non-Discriminatorv 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 without regard to
racial, ethnic, or cultural characteristics or relative standard ofliving of the neighborhood.
7. Dru2 -Free Workplace
7.1. The County is a drug-free workplace employer. The Contractor hereby certifies that it
has or it will within thirty (30) days prior to the Start Date of the Contract;
7.2. Notify employees that the unlawful manufacture, distribution, dispensation, possession,
or use of a controlled substance is prohibited in the workplace and specifying actions
that will be taken for violations of such prohibition;
7.3. Establish a drug-free awareness program to inform employees about (i) the dangers of
drug abuse in the workplace, (ii) the Contractor's policy of maintaining a drug-free
workplace, (iii) any available drug counseling, rehabilitation, and employee assistance
programs, and (iv) the penalties that may be imposed upon employees for drug abuse
violations;
7.4. Notify each employee that as a condition of employment, the employee will (i) abide by
the terms of the prohibition outlined above, and (ii) notify the Contractor of any
criminal drug statute conviction for a violation occurring in the workplace not later that
five (5) days after such conviction;
7.5. 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;
7.6. 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;
7.7. 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 Fore2oin2 Provisions will be Inserted in All Subcontracts for Work Covered by
this Contract
Contract between Augusta and Cascade Engineering Inc.
Page 37 of 70
OPERATIONS PLAN
1. Operations Plan
1.1. After the Contract has been awarded and a mlll1mum of (30) days prior to the
implementation phase, 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 this contract. The Operations Plan, once
approved by the County, will become a part of this Contract.
1.2. The Operations Plan shall spell out in detail all tasks, activities, events, procedures and
resources necessary for the Contractor to provide for a smooth and efficient transition
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 that certain essential operations as set forth in the Operations Plan will not
be interrupted by any part of the transition. The Contractor shall seek the County's input
in developing the Operations Plan, and the Operations Plan shall not be deemed final
until accepted in writing by the County.
1.3. The Operations Plan shall be maintained by the Contractor, and shall be updated and
submitted to the County on a weekly/daily basis throughout the implementation phase
to reflect the current status of all work. Aside from updates to show tasks accomplished,
q.o changes to the Operations Plan shall be made without the prior written approval of
the County.
1.4. 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.
1.5. The Contractor will adhere to the schedule set forth in Operations Plan regarding the
implementation and delivery of the containers. There shall be no extensions of the time
periods or completion dates set forth in the Operations Plan without the County's
written consent.
1.6. When stating days in the Operations Plan, it shall be based on Calendar Days.
1.7. Throughout the implementation phase weekly/daily reports will be made to the County
regarding the progress of the transition.
Contract between Augusta and Cascade Engineering Inc.
Page 38 of70
ANCILLARY PROVISIONS
1. Audit and Inspections
1.1. During the term of the Contract and for a period of three (3) 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. Copies thereof shall be furnished at no cost to the
County if requested.
1.2. 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, field, shop inspections or equipment, etc.
1.3. The Contractor shall maintain all books, documents, papers, accounting records, and
other evidence pertaining to the cost incurred. They shall make such materials available
at their respective offices at all reasonable times during the contract period and for three
(3) years from the date of final payment under the contract for inspection by the County
or by any other authorized representative of County government. Copies thereof shall
be furnished at no cost to the County if requested.
2. Data
The Contractor will treat as confidential information, all data, collected and processed in
connection with the Contract ("Data"). Data processed by the Contractor shall remain the
exclusive property of the County. Notwithstanding the foregoing, the County provides its
consent to allow the Contractor to analyze, summarize and utilize Data, in the aggregate.
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.
Contractor understands and agrees that Data, materials, and information disclosed to
Contractor may contain confidential and protected Data. Therefore, the Contractor promises
and assures that Data, material, and information gathered, based upon or disclosed to the.
Contractor for the purpose of this contract, will not be disclosed to others or discussed with
other parties without the prior written consent of the County, except as contemplated above.
Contract between Augusta and Cascade Engineering Inc.
Page 39 of 70
3. Confidentiality of Data. property Ri2hts in Products and COPyri2ht Prohibition
Contractor further agrees that all information, data findings, recommendations, proposals,
etc. by whatever name described and by whatever form therein secured, developed, written or
produced by the Contractor in furtherance of this contract shall be the property of the County.
The Contractor shall take action as is necessary under law to preserve such property rights in
and of the County while such property is within the control and/or custody of the Contractor.
By this contract the Contractor specifically waives and/or releases to the County any
cognizable property right of the Contractor to copyright, license, patent or other wise use
such information, data findings, recommendations proposals, etc., except as contemplated
above.
4. 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.
5. Contract Ri2hts
5.1. The parties reserve the right to amend this Contract from time to time by mutual
agreement in writing.
5.2. Rights under this Contract are cumulative, and in addition to rights existing at common
law.
5.3. Payment by the County and performance by the Contractor do not waive their Contract
rights.
5.4. 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.
6. Open Records Act
Contractor acknowledges that County records including this Contract are subject to
Georgia's Open Records Act.
7. Interpretation
7.1. 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.
7.2. Captions are for convenient reference only. A caption does not limit the scope or add
commentary to the text.
Contract between Augusta and Cascade Engineering Inc.
Page 40 000
8. Compliance with Laws
Contractor warrants that all sales and transport of products to the County shall be in strict
conformity with all applicable local, state and federal laws including, but not limited to, the
standards promulgated by the occupational Safety and Health Act, Executive Order 11246, as
amended, relative to Equal Employment Opportunity and all other applicable laws, rules, and
regulations, including the Civil Rights Act of 1964 pertaining to equal opportunity, Section
503 of the Vocational Rehabilitation Act of 1973, the American with Disabilities Act, and
Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974. Contractor
agrees to indemnify and hold harmless the County from and against any loss, cost, claim,
liability, damage, or expense (including attorney's fees) that may be sustained because of
Contractor's breach of such warranty.
9. Dispute Resolution
Any controversy or claim arising out of or relating to this Contract shall be settled by
mediation in accordance with the commercial rules of JAMS. Any such controversy or
claim shall be mediated on an individual basis and shall not be consolidated in any mediation
with any claim or controversy of any other party. Any mediation shall be conducted in
Richmond County, Georgia.
10. Law: Venue
The laws of the State of Georgia shall govern the validity, construction and effect of this
Contract. The venue for any claims, litigation or causes of action between the parties shall be
in the Superior Court of Richmond County, Georgia.
11. Discretionary Waiver of Ri2ht 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.
12. Specific Performance and Injunctive Relief
The Contractor agrees that the Carts are critical to the County's operation and that monetary
damages are not an adequate remedy for the Contractors failure to provide product/services .
as required by the Contract, nor could damages be the equivalent of the performance of such
obligation. Accordingly, the Contractor hereby consents to an order granting specific
performance of such obligations of the Contractor in a court of competent jurisdiction within
the State of Georgia. The Contractor further agrees that a failure by it to perform the services
in the manner required by the Contract will entitle the County to injunctive relief.
13. Notices
13.1. All official notices or approvals shall be in writing. Unless otherwise directed, notices
shall be delivered by messenger, by certified or registered mail, return receipt requested,
or by fax to the parties at the following respective addresses:
Contract between Augusta and Cascade Engineering Inc.
Page 41 of70
To the County:
To the Contractor:
Director of Solid Waste
4330 Deans Bridge Road
Blythe, GA. 30805
(706) 592-9634 Phone
(706) 592-1658 Fax
Cascade Engineering Inc.
3400 Innovation Court SE
Grand Rapids, MI 49512
(616) 975-4800 Phone
(616) 254-4174 Fax
13.2. 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.
14. Severability.
Should any term, provision, condition, or other portion of this Contract or its application be
held to be inoperative, invalid, or unenforceable, and the remainder of the Contract still
fulfills its purposes, the remainder of this Contract or its application in other circumstances
shall not be affected thereby and shall continue in force and effect.
15. 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.
16. 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.
17. Conflict of Interest
Contractor certifies and warrants that neither it nor any of its directors, officers, agents,
representatives, employees, or subcontractors which will participate in any way in the
performance of the Contractor's obligations hereunder has or will have any conflict of
interest, direct or indirect, with Augusta Richmond County or any of its departments,
divisions, agencies, officers, directors or agents.
18. Chan2e in Control- Le2al Counsel
18.1. In the event of a change in "Control" of the Contractor (as defmed 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
Contract between Augusta and Cascade Engineering Inc.
Page 42 000
the terms of the Contract. The Contractor shall notify the County within ten (10) days
after it becomes aware that a change in Control will occur. As used in the Contract, 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.
19. Assi2nment
Any assignment, in whole or in part, of Contractor's rights or obligation under this
Agreement without the prior written consent of the County shall be void.
In a case where the Contractor is allowed to assign all or any part of any money due or to
become due under this Contract, the instrument of assignment shall contain a clause
substantially to the effect that it is agreed that the right of the assignee in and to any money
due or to become due to the Contractor shall be subject to prior claims .of all persons, firms,
and corporations for services rendered or materials supplied for the performance of the work
called for in these Contract documents.
20. Default
In the event that (a) Contractor breaches any warranty contained herein; (b) Contractor or
Contractor's insurance carrier fails to defend, indemnify, or hold harmless the County as
required herein; (c) Contractor's performance under this contract violates applicable law; (d)
Contractor admits insolvency, makes an assignment for the benefit of creditors, or has a
trustee appointed to take over all or a substantial part of its assets; or (e) Contractor fails to
perform under (deliver conforming products/services) or comply with any other provision of
this Contract, such failure, breach, or violation shall constitute a default under this
Agreement.
21. Termination for Convenience
In the event of default by Contractor under this Contract, the County reserves the right
without liability, in addition to its other rights and remedies, to terminate this Agreement
with sixty (60) days notice to Contractor as to the portion of the products/services not yet
delivered and to purchase substitute goods at the Contractor's expense. Contractor shall
reimburse the County for the cost of such substitute goods upon Contractor's receipt of an
invoice therefore.
22. Cancellation
County may at any time cancel this Contract in whole or in part for its sole convenience upon
sixty (60) days written notice to Contractor, and Contractor shall stop performing under this
Contract on the date specified in such notice. The County shall have no liability as a result of
Contract between Augusta and Cascade Engineering Inc.
Page 43 of 70
such cancellation, except that the County will pay Contractor for delivered products/services
and the actual incurred cost to the Contractor for product delivery in progress. These
payments shall not exceed the aggregate price.
23. Force Majeure
23.1. 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
(2) cannot reasonably be circumvented by the non-performing party through the
use of alternate sources, work around plans, or other means, and
(b) If and to the extent such failure or delay is caused, directly or indirectly by fire,
flood, earthquake, hurricane, elements of nature or acts of God, acts of war,
terrorism, riots, civil disorders, rebellions, or revolutions, or court order.
23.2. Upon the occurrence of an event which satisfies all of the conditions set forth above, the
Contractor shall be excused from any further performance of those obligations pursuant
to this Contract affected by the Force Majeure for as long as
(a) Such Force Majeure event continues and,
(b) The Contractor continues to use commercially reasonable efforts to recommence
performance whenever and to whatever extent possible without delay.
23.3. Upon the occurrence of a Force Majeure event, the Contractor shall immediately notify
the County by telephone and confirmed in writing within three (3) business days of the
occurrence of a Force Majeure and shall describe in reasonable detail the nature of the
Force Majeure. If any Force Majeure prevents the Contractor from performing its
obligations for more than thirty (30) calendar days, the County may terminate this
Contract. For the interim Force Majeure period, in which the Contractor is unable to
perform its obligations, the County may, at its discretion, secure Carts and services from
an alternate interim supplier, to ensure continuity to the County's customers.
23.4. Strikes, slow-downs, walkouts, lockouts and individual disputes are not excused under
this provision.
24. Miscellaneous
If any provision of this Contract is held to be invalid or unenforceable, the validity and
enforceability of the remaining provisions shall not be affected. This Contract shall be
governed by the laws of the state of Georgia and shall be subject to the exclusive
Contract between Augusta and Cascade Engineering Inc.
Page 44 of 70
jurisdiction of the courts therein. This Contract embodies the entire agreement between the
parties with respect to the subject matter hereof and supersedes all prior agreements and
understanding, whether written or oral, and all contemporaneous oral agreements and
understandings relating to the subject matter hereof. No agreement hereafter made shall be
effective to modify or discharge this Contract, in whole or in part, unless such agreement is
in writing and signed by the party against whom enforcement of the modification or
discharge is . sought. The paragraph headings are for convenience only and are not
intended to affect the interpretation of the provisions hereof. This Agreement shall be
binding on the parties hereto and their respective personal and legal representatives,
successors and assigns.
Wherefore in consideration for the se6es to be rendered and monies ~ai~ ,!he parties have
caused this contract to be signed this 1... day of ~J,-~ 'd1}l;) C.
Augusta, Georgia (Augusta-Richmond
County , Georgia)
J2 cf:1. ~
J~y: David S. Copenhaver
As its Mayor
~ ,,?-et"\( ,ff)S
SQr
By:
Swo/P. to anq subscribed before me thisc2L/-tJ-'..day of
VJ fl' I 2006.
My
LAIM IIQ$
NoayPublc - ~l
... CowlIr
_CGmmIIIIon "'Octio,.,'
Contract between Augusta and Cascade Engineering Inc.
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Page 45 of70
EXHIBIT A - PRODUCT PRICE LIST
Products Unit Price Other
Carts Price(s) includes:
1 35-gallon $33.51 1. Garbage and recycling brochure with hang bags
2 64-gallon $43.94 2. Video for local access channels
3 96-gallon $48.71 3. One time mass mailing to 70,000 residents
4 Waste-Mate $350.00
Bins
1 14-gallon $5.34 Per Bin
2 18-gallon $6.51 Per Bin
3 21-gallon $8.14 Per Bin
4 24-gallon $8.88 Per Bin
Containers
1 2-yard commercial container $430.00 Per Container
2 3-yard commercial container $445.00 Per Container
3 4-yard commercial container $650.00 Per Container
4 6-yard commercial container $750.00 Per Container
5 7 -yard commercial container $800.00 Per Container
6 8-yard commercial container $850.00 Per Container
In-Molded Graphics
1 Lid Label (3" x 13") One color $1.85 Per Label - Installed
2 Lid Label (3" x 13") Two color $1.90 Per Label - Installed
3 Lid Label (3" x 13") Three color $1.95 Per Label - Installed
4 Lid Label (3" x 13") Four color $2.00 Per Label - Installed
5 Lid Label (3" x 13") Five color $2.05 Per Label - Installed
6 Lid Label (9.5" x 14.5") One color $3.00 Per Label - Installed
7 Lid Label (9.5" x 14.5") Two color $3.20 Per Label - Installed
8 Lid Label (9.5" x 14.5") Three color $3.35 Per Label - Installed
9 Lid Label (9.5" x 14.5") Four color $3.50 Per Label - Installed
10 Lid Label (9.5" x 14.5") Five color $3.70 Per Label - Installed
11 Cart Label (10.5" x 10.5") One color $2.50 Per Label - Installed
12 Cart Label (10.5" x 10.5") Two color $2.60 Per Label - Installed
13 Cart Label (10.5" x 10.5") Three color $2.70 . Per Label - Installed
14 Cart Label (10.5" x 10.5") Four color $2.80 Per Label - Installed
15 Cart Label (10.5" x 10.5") Five color $2.90 Per Label - Installed
Contract between Augusta and Cascade Engineering Inc.
Page 46 of 70
EXHIBIT C - SERVICE PRICE LIST
Services
Unit Price
1
2
Assemblv and Deliverv
Account Verification/Audit
Assembly and Delivery
$1.25
$3.15
Media
Annual Budget-not to exceed
$150,000.00
Other
per cart
per cart
annually
* The annual budget for media will not be increased by any cost adjustment, the
amounts stated are "not to exceed amounts". *
1
2
Asset Manaaement
Flat Fee
Monthly/per cart
$79,000.00
$0.12
$0.11
$0.10
$0.08
$0.08
$995.00
3
Software
Annually
monthly per cart year one
monthly per cart year two
monthly per cart year three
monthly per cart year four
monthly per cart year five
Monthly
* Augusta will be charged the lesser of the annual flat fee or the monthly per cart
rate plus the monthly software charge*
Contract between Augusta and Cascade Engineering Inc.
Page 49 of 70
:CURBSIDE SERVICES
FAX NO. :1-616-374-7073
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.... ......... ......... fiy lltLachmcn( of a current ClWti fiente of Certification iA.~uocl by the Dcpartmt:n~
Tnu~Jlormtion . It of "'>
13y Ittlachment of II Cl1m;mt CCl1ificatioll illl\ucd by the Disadvantaged Bu:;inc.~1l /
Enterprise Office I"
D. TIle undersigned states thrlt they will he performillg ._lQ.Q..'Yo of the total projCt:l.
n. The \Il\dersigned willlluhlet andlor award _____0... .% ofthisllubcontrl\r.t to non-DJll:
contmctors nnd lor not\,DBE suppliers.
T~ undersigned will enter into a formal agreement for the above described work wIth the
Proposer citbd abovo conditioned upor~ tha executlon of a cuntrllct for the project cited
herein between the Proposer and Augusta-Richmond County.
L/ &r- jJ) 'j~
,.
-.f-..~. rt/,'c:.<'-J
fi -/
- . -, () )
Dllte: ____ 't!..(f. . ~.. ~u
'___.. _.___....___.... "0_- ..... __.~
(lllW :;'tGt rIm, Na"'e) ;?JjU ' ~~
J)y:. .~ c::: k::'.r..~~~_:.=--~, I;. ~
(SiCllllturc of AulhNir.rd H.c}1l"C)l(Jutllt iVll
Form B
PROPOSED DBE PARTICIPATION
PRIME CONTRACTOR cas::NE OOINEER:IN:;
PROJECT RFP ~143
RRJ12\SE AND IELIVERY OF REREE AND REITCLThG CJM'I\INER3
ClJRffi.J:fE
fM~
~CIEffil.\, MI
l:.N[()'IDIN} ,
ASSEMJ3[X ,
DELIVERY OF
$94,:ro.oo
1I,N[) RErI::RDThG
OF' lY>..'rn.
Total Price: $ 94,:ro.oo
Total DBE value: $ 94,:ro.oo
Total DBE percent: 100 %
Signed By:
~
C_. YJ
GENER!\L ~ SJIlJI'IQ\JS c:r:NmINER
*JXJU.AR VAIIJE l:{~~8'JIS INITIAL :a.ssEMBLY & IELTVERY
OF 3),(XX) CARIS.
Title:
Date:
JtNE 19, ~
Contract between Augusta and Cascade Engineering Inc.
Page 53 of70
Form C
(Contractors Statement ofDBE Utilization Form)
Complete form indicating the DBE's utilization for the requested pay period. This information
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.
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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. l..
2. X
-
3. L
4. X
5. ~
6. X
7. X
8. X
9. -1L
10. X
II. 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 of the information supplied to DBEs to solicit their
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 DBEs.
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 the 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.
(':\DoculllcnIS and Selunl!S\bradlcv\Lf\C<.I1 S~ttint!s"Temoor:Jr\i tlltemet Filcs\OLK34\ARC Final-Cart Comruet-4 21 06-Fmul for Perkins sil!nmure ~~g~_.5.? .~f 7.0'
Deleted: C:\Documents and
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Draft-Cart Contract-3.15.06.doc
CORPORATE CERTIFICATE
/! S.:9.s-!;:?/7/-
I, P//t/l/J.a.- L. S7'-e/.?~e:/?s certiry that I am thJsecretary of the corporation named
as Contractor in the attached Contract; that ,:7iu9 /l,,'1tC /'~ r ~ //;7.5> who signed
said Contract on behalf of the Contractor was then G. j7e/?/ ,It '7/7:7. ~/"-of said corporation;
that said proposal was duly signed for and in behalf of said corporation y authority of its Board
of Directors, and is within the scope of its corporate powers; that said corporation is organized.
under the laws of the State of AI/('"y h //.:1 t? /1
-.-."/'
This /f/~ay of ,J;//~'L- ,2006
Corporate. '. X.?~ ./
;t(5:;.;I.i/"C(I';J-I" Secretary: .4c:2?t.~-;(.t.//:' '~h~
(name signed)
j) / .-1/7 /l /L L. .3:r:q; /1 ~/1S
(name printed or typed)
(SEAL)
Contract between Augusta and Cascade Engineering Inc.
Page 58 of70
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
I, ~
County of K-tf\.. t
State of
being first duly sworn, deposes and says that:
He or she is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid.
Such Bid is genuine and is not a collusive or sham Bid;
Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this Affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a
collusive or sham Bid in connection with the Contract for which the attached Bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference with
any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other
Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any
other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement
any advantage against the City of Augusta or any person interested in the proposed Contract; and
Continued to the next page
Contract between Augusta and Cascade Engineering Inc.
Page 59 of 70
The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its
agents, representatives, owners, employees, or parties in interest, including this Affiant.
BIDDER:
By:
do Ahn~ ~tyj6ns
(name printed or typed)
dUY\l IlJi) ;;ADDitJ
Date:
NOTARY PUBLIC:
,2006
~
Yf1..:+-r: c'\c:..
f\ b "
. ef'~A\.$..
(name printed or typed)
Commission Expires:
PATRICIAA GERVAIS
JlJTM\' PUBUC. Sf ATE Of Ml
00UN1Y OF ICENT
"~-"IBI~~"I7."1
"IIOU11Yar ~er...\-
(SEAL)
Contract between Augusta and Cascade Engineering Inc.
Page 60 of 70
OCT 18 2005 10:31AM
;CADE ENGINEERING
32 228-3799
p.2
NONCOLIJusrON AFFIDAVIT OF SUBCONTRACTOR
State Of&1v,j I..,.J ___,.________ )
County of____ IOI'lI6- _ --J
.f? L .////; Xf /
I /f.I'" //.. .v
~- Lo-- fl, -~/(_' h_. being first duly sworn, deposes and says that:
(I) He or she is UtV"Ier of Lvrir.'dL S'~rt/:UJ
(Owner, Partner, Officer. Representative, or Agent)
of ~r6 J ( J L S:r V J La , hereinafter referred to .s the "Subcontractor";
(2) He or she is fully informed respecting the preparation and contents f ,
ofthe Subcontractor's Proposal submitted by the Subcont~or to C-.J c.. J ~ c::;, i ""J..Q.. r- / J
the Contractor for certain work in cormec 'on wit the ~ F? .oS- /~3
Contract pertaining to the Project in c/o o/J" <. C ~ or. : ~
(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 ",.jth any other Bidder, firm or person to submit a
collusive or sham Proposal in connection with such Contract or to retrain from submitting a Proposal
in connection with such Contract, or has in any manner, directly or indirectly, sought by unlawful
agreement or conni~ance with any other Bidder, frrm or person to fix the priee or prices in said
Subcontractor's Proposal, or to secure through collusion, conspiracy, connivance or unlawful
agreement any advantage against Augusta-;Riclunond 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 or unlawful agreement on the part of the Bidder or
auyofits agents,.representatives, owners, emplo 08, or parties i interes~. . cui .thi2
(Signed) _
(Title)
Subscribed and Swam to before me this -'-f ~~. . day of O~/~b c~, 2005
/J/ / . L2-.Ll~7"t---nr-L-
~.!It7/J" ~-?d74 A/f::.Lc; ~CL.{!Ldta.L t 1 itle)
-'.
'-;.,
My commission expires
c;1 - fer r-() -;
(Date)
~'.~. ./ [<'OTl;Rl
~ * I ~'.' :;
ti(SJML) h IF,; i'~
\~~_~:f~ lr~i;",.. .J..., "....
'i:\~ ",,",.
g ~.=.
i ~";~' n
- '.
'./;J
* "'END OF SECTION**
Request For I'roposals 29
Augusta-Richmond C{lllnfy
"Purchase (ll/d iJcli\'cn' f)fRrfusL' (!Ilri Recycling Car/I-"
Sl.:f-.'/r" !n!lt.~r. 2005
NOTICE OF AWARD
To: Cascade Engineering
4950 3ih Street SE
Grand Rapids, MI49512
Project Description: Manufacture, Sale, and Delivery of Carts and Services Relating to
Collection of Garbage, Recycling, and Yard Waste for the Solid Waste Department of Augusta
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 A through C.
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 of this Notice, Augusta
will be entitled to consider all your rights arising out of the Counties acceptance of your Bid as
abandoned and such other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the County.
Dated this
day of
,2006.
Augusta-Richmond County
By:
Name and Title: Geri Sams. Director of Procurement
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by CItSc..tJ...dL ~is the
~ day of ~ ,2006.
~
By: . . (J)"
Name and nle' - . ~ '- - tvtunS. l:.!enUO-l ~
I nW.1$trL 0.1 Sd (A.-f{U)U
Contract between Augusta and Cascade Engineering Inc.
Page 62 of 70
NOTICE TO PROCEED
To: Cascade Engineering
4950 37th Street SE
Grand Rapids, MI 49512
Project Description: Manufacture, Sale, and Delivery of Carts and Services Relating to
Collection of Garbage, Recycling, and Yard Waste for the Solid Waste Department of Augusta
You are hereby notified to commence work in accordance with the contract dated
, 2006, on or before , 2006 and you are to comply with all
terms, conditions, provisions, etc. as identified in the executed Contract.
Dated this _day of
,2006.
Augusta Richmond County
By:
Name and Title:
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by t.D...5ttt-de.. ~If\!. eVlfl-3
this ~ day of J(A,N.. ,2006.
~
By:. . 'r
Namoa~d- ~l" !Jo~~Y1L.' fltv/Ltits ,
1
~l.ne.ra.-I /llOLf\ttll'jLr
I "dusjt'{ tLl sol uJl ims C (J/11a.i flV
Contract between Augusta and Cascade Engineering Inc.
Page 63 of 70
Bond No.929400722
PERFORMANCE BOND
"Principal," and
KNOW ALL MEN BY THESE PRESENTS: that Cascade Eng ineering, lric.
a corporation of the State of Michigan ,the
Western Surety Company, PO Box 2247, Grand Rapids, MI 49501
Name and Address of Surety
the "Surety," are held and firmly bound unto Augusta-Richmond County (the "Owner") existing
under and by virtue of the laws of the State of Georgia, in the sum
of Two Million Four Hundred Thousand in lawful money of the United States, for
the payment of which sum in lawful money of the United States well and truly to be made we do
hereby bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and
severally.
The condition of this obligation is such that whereas Principal has entered into a
certain Contract with the Owner, dated as of the 15th day of July ~W\ 2006
which is by reference incorporated in and made a part hereof as fully as if copied here verbatim,
for the following work:
"Manufacture, sell and deliver Carts for solid waste and recycling collection"
WHEREAS, the obligee has agreed to accept a bond guaranteeing the performance of said
contract for a period of only one year for the term beginning July 15, 2006
and ending July 15, 2007
NOW, THEREFORE, if the Principal shall in all respects comply with and perform all
the terms and conditions of the Contract (which includes the Drawings, Specifications, and
Contract Documents) and such alterations as may be made in said contract as the documents
therein provide for, with or without notice to Surety, and during the one year warranty period,
and if Principal shall satisfy all claims and demands and shall indemnify and save harmless the
Owner against and from all costs, expenses, damages, injury, or conduct, want of care, skill,
negligence, or default, including compliance with performance guarantees and patent
infringement by the Principal, then this obligation shall be void; otherwise, Principal and Surety
jointly and severally agree to pay to Owner any difference between the sum to which the
Principal would be entitled on completion of the contract and that which the Owner may be
obliged to pay for the completion of the work by contract or otherwise, together with any
damages, direct or indirect, or consequential, which Owner may sustain on account of such work,
or on account of the failure of the Principal to keep and execute all provisions of the Contract.
Principal and Surety further bind themselves, their heirs, executors, administrators, and
assigns, jointly and severally, that if the Principal shall keep and perform its agreement to repair
or replace defective work or equipment during the warranty period of one (]) year as provided,
then this paragraph shall be void; but if default shall be made by Principal in the performance of
its contract to so repair or replace said work, then this paragraph shall be in effect and Owner
Contract benveen Augusta and Casc.1dc Engineering lnc.
Page 64 of70
shall have and recover from Principal and its Surety damages for all defective conditions arising
by reason of defective materials, work, or labor perfonned by or on the account of Principal and
it is further understood and agreed that this obligation shall be a continuing one against the
Principal and Surety hereon, and that successive recoveries may be had hereon for successive
breaches until the full amount shall have been exhausted; and it is further understood that the
obligation therein to maintain said work shall continue throughout said Contract period, and the
same shall not be changed, diminished, or in any manner affected from any cause during said
time; and to fully save and hold the Owner harmless for any damages it may be caused to pay on
account of injury to person, loss of life or damage to property.
And the Surety, for value received, hereby stipulates and agrees that the obligations of
the Surety and this Bond shall in no way be impaired or affected by any modification, omission,
addition, or change in or to the contract, the work to be perfonned there under, or by any
payment there under before the time required therein, or by any waiver of any provision thereof,
or by any assignment subletting or other transfer thereof, or of any part thereof, of any work to
be performed, or of any moneys due to become due there under, as long as these modifications,
omissions, additions, or changes do not affect the bond term, or the one year limit on the bond
coverage of the warranty; and the said Surety does hereby waive notice of any and all such
modifications, omissions, additions, changes, payments, waivers, assignments, subcontracts, and
transfer, and hereby stipulates and agrees that any and all things done and omitted to be done by
arid in relation to executors, administrators, successors, assignees, subcontractors, and other
transferees shall have the same effect as to said Surety as though done or omitted to be done by
and in relation to the Principal.
This bond may be extended for additional tenns at the option of the Surety, by
continuation certificate executed by the Surety and the Principal.
IN WITNESS WHEREOF, the Principal and Surety have executed this Bond by
causing their respective names to be hereunto subscribed and their seals to be hereunto affixed
by their duly authorized officers, on this the 19th day of June ,2006
Contractor - PRINCIPAL:
Cascade Engineering, Inc.
By: ~~ ~S
Name: ~~~?~)<;\\')s
(Please Print or Type)
Title:~-er~ rfCt V)c::t.<c-Oy-
A TrEST:
Contract ben\iCCll Augusta and Cascade Engineering Inc.
Page 65 of70
A~xh~
Name.2?/4/7/7~ L. Y.e/Jhe:/l.:5
(Ple~e Print or Typ.J) I .
TitIe~d(&%L2yJt'{,A.a-aj/ (SEAL)
Note: Attest for a corporation must be by the corporate secretary; for a partnership by another
partner; for an individual by a Notary.
SURETY:
Western Surety Company
By: \f20J~'l Ji-oJuh
Name: Robin Staker
(Please Print or Type)
Title: Attorney-in-Fact
Agency: HUB International Midwest Limited
Address: PO Box 2167 I Grand Rapids I MI 49501
WJ~E~:
"U~' .}f;~~
Name Valerie Giuliano
(Please Print or Type)
Title
Arrnl1nt Mrlnrlgpr
(SEAL)
Note: Surety companies executing Bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the state where
the project is located.
Contract between Augusta and Cascade Engineering Inc.
Page 66 of 70
,
.>
Bond No. 929400722
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that ('.=l~r('lc1I=>. Po,; nl"l"r; nlJ lIne.
corporation of the State of Nichigan , the "PrincipaJ," an Western Surety Co I
PO Box 2247 I 49 Name and Address of Surety
Grand Rapids I NI sur
the "Surety," are held and firmly bound unto Augusta-Richmond County (the "Owner") existing
under and by virtue of the laws of the State of Georgia, in the sum
of 'T'wo M; 11 i on Four Hundred Thousand Dollars ** in lawful money of the
United States, for the payment of which sum in lawful money of the United States well and truly
to be made we do hereby bind ourselves, our heirs, executors, administrators, successors, and
assigns jointly and severally.
The condition of this obligation is such that whereas Principal has entered into a
certain Contract with the Owner, dated as of the 15th day of July 2006,
which is by reference incorporated in and made a part hereof as fully as if copied here verbatim,
for the following work:
"Manufacture, sell and deliver Carts for solid waste and recycling collection"
WHEREAS, the obligee has agreed to accept a bond guaranteei~the ~erformance of
said contract for a period of only one year for the term beginning July I 006
and ending July IS, 2007
NOW, THEREFORE, if the Principal shall fully pay for all the labor and materials
used by said Principal or any immediate or remote subcontractor or furnisher of labor or
materials under him in the performance of the work in lawful money of the United States as the
same shall become due, including all amounts due for materials, lubricants, oil, gasoline,
electricity, coal and coke, repairs on machinery, equipment, and tools, consumed or used in
connection with performance of the work and all insurance premiums and other charges incurred
under said contract, then this obligation shall be void; otherwise to remain in full force and
effect. .
Principal and Surety further bind themselves, their heirs, executors, administrators, and
assigns, jointly and severally, that they shall promptly make payments of all taxes, licenses,
assessments, contributions, penalties, and interest thereon, when, and if, the same may be
lawfully due the State of Georgia or any County, Municipality, or political subdivision thereof by
reason of and directly connected with the performance of the Contract, or any part thereof.
And the Surety, for value received, hereby stipulates and agrees that the obligations of
the Surety and this Bond shall in no way be impaired or affected by any modification, omission,
addition, or change in or to the contract, the work to be performed there under, or by any
payment there under before the time required therein, or by any waiver of any provision thereof,
or by any assignment subletting or other transfer thereof, or of any part thereof, of any work to
be performed, or of any moneys due to become due there under, as long as these modifications,
Contract between Augusta and Cascade Engineering Inc.
Page 67 ono
omissions, additions, or changes do not affect the bond term, or one year limit on the bond
coverage of the warranty; and the said Surety does hereby waive notice of any and all such
extensions, modifications, omissions additions, changes, payments, waivers, assignments,
subcontracts, and transfer, and hereby stipulates and agrees that any and all things done and
omitted to be done by and in relation to executors, administrators, successors, assignees,
subcontractors, and other transferees shall have the same effect as to said Surety as though done
or omitted to be done by and in relation to the Principal.
This bond may be extended for additional terms at the option of the Surety, by
continuation certificate executed by the Surety and the Principal.
IN WITNESS WHEREOF, the Principal and Surety have executed this Bond by
causing their respective names to be hereunto subscribed and their seals to be hereunto affixed
by their duly authorized officers, on this the 19th day of June ,2006
Contractor - PRINCIPAL:
By: Cascade Engineering, Inc.
Name:
Title:
ATTEST:
A~AX Jc(jOiuJ/
Name ..l) / /JrJ /lttf. ? .5~ J1tZ/1 5
(Please Print or Type)
Titlet2d.:Ud~LWC/!Lza.ty
(SEAL)
Note: Attest for a corporation must be by the corporate secretary; for a partnership by another
partner; for an individual by a Notary.
Contract between Augusta and Cascade Engineering Inc.
Page 68 of70
SURETY:
Western Surety Company
By:
t~~1 ~tCvh_fJc
Name: Robin Staker
(Please Print or Type)
Title: Attorney-j n-Fact
Agency: HUB International Midwest Limited
Address: PO Box 2167 I Grand Rapids I MI 49501
WITNESS:
~/' '& <
''''{/ctl1w. i .fLUJ->'J!4.V
Name Valerie Gi111iano
(P lease Print or Type)
Title Account Manager
(SEAL)
Note: Surety companies executing Bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the state where
the project is located.
Contract between Augusta lind Cascade Engineering Ine.
Page 69 of70
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Jon Lunderberg, Robin Staker, Kathy Koho, Individually
of Grand Rapids, MI, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 5th day of December, 2005.
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WESTERN SURETY COMPANY
r0~";",v;~pre';dro'
State of South Dakota
County of Minnehaha
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On this 5th day of December, 2005, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
November 30, 2006
+~~~~~~~~~~~~~~~~~~~~~~~~+
~ D. KRELL ~
, ,
~~NOTARY PUBLIC~~
"~SOUTH DAKOTA ,
, ."
+~~~~~~~~~~~~~~~~~~~~~~~+
~
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My commission expires
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
"
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 19 th day of June 2006
WESTERN SURETY COMPANY
c:; ~~'~S~reUry
Form F4280-0 1-02
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
ofthe Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Yice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
Client#:44324
CASCENGI
ACORDTM
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMJDDIYYYY)
6/15/06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
HUB International Midwest
Commercial
P.O. Box 2167
Grand Rapids, MI 49501.2167
Cascade Engineering, Inc.
PO Box 888405
Grand Rapids, MI 49588.8405
INSURERS AFFORDING COVERAGE
INSURER A: Amerisure
INSURER B: Ohio Casualty Group
INSURER C:
INSURER D:
INSURER E:
NAIC#
INSURED
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I TYPE OF INSURANCE PJl1-~~~:~~8~~,E ~~fJ/~~:t~~N
LTR NSR POLICY NUMBER LIMITS
A GENERAL LIABILITY 2023282 09/01/05 09/01/06 EACH OCCURRENCE $1 000 000
- ~AMAGE TO RENTE~"~,
1L COMMERCIAL GENERAL LIABILITY $300 000
- ~ CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10 000
PERSONAL & ADV INJURY $1 000.000
GENERAL AGGREGATE $2 000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2 000 000
I nPRO- n
POLICY JECT LOC
A ~TOMOBILE LIABILITY 2023306 09/01/05 09/01/06 COMBINED SINGLE LIMIT
~ ANY AUTO (Ea accident) $1,000,000
f-- ALL OWNED AUTOS BODILY INJURY
(Per person) $
SCHEDULED AUTOS
f--
X HIRED AUTOS BODILY INJURY
f-- $
~ NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Per accident)
==rAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
B EXCESS/UMBRELLA LIABILITY BX00553118577 09/01/05 09/01/06 EACH OCCURRENCE $15.000.000
1LI OCCUR D CLAIMS MADE AGGREGATE $15000000
$
~ DEDUCTIBLE $
X RETENTION $10000 $
A WORKERS COMPENSATION AND WC202364400 09/01/05 09/01/06 X I T~~N~V<:1 1OJ,tf-
EMPLOYERS' LIABIUTY $500,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $500,000
If yes, describe under E.L. DISEASE - POLICY LIMIT $500,000
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES' EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
30 days notice of cancellation applies.
ACORD 25 (2001/08) 1 of 2
#S221586/M192841
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEfORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ----3(L DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
~1v: ~r
SLD
@ ACORD CORPORATION 1988
CERTIFICATE HOLDER
Augusta Richmond County
Director of Solid Waste
4330 Deans Bridge Rd
Blythe, GA 30805
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pOlicies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001/08) 2 of 2
#S221586/M192841