HomeMy WebLinkAboutAUGUSTA DISPOSAL & RECYCLING INC SOLID WASTE COLLECTION CONTRACT MONTH TO MONTH Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
Section 136: Scaven i�ng 25
Section 138: Holiday Schedule 26
Section 140: Service Disruptions Due to Weather 26
Section 142: Service Disruptions — Non Weather 26
Section 144: Missed and Ma,ke-up Collections 27
Section 146: Contract Carts 29
Section 148: Supplving Garba�e Carts 29
Section 150: Suppl i�n� Recyclin� Bins 30
Section 152: CartlBin Storage 31
Section 154: Minimum CartBin Percenta.ge 32
Section 156: CartlBin Replacement Cost 32
Section 158: Delinquent and Closed Accounts 32
Section 160: Program Information 32
C. Manner of Collection
Section 200: Contractor's Resnonsibility 32
Section 210: Emnlovee Conduct 32
Section 220: Employee Uniforms 33
Section 230: Snilla�e 34
Section 240: Dama�e Claims 34
Section 250: Customer Grievances 35
D. Reporting Requirements
Section 300: Report/Information Specifications 35
E. Compensation
Section 400: Pavment for Collection Services 36
Section 401: Pavment for Third-Party/Commercial Volume 37
Section 410: Pavment Procedure 3'7
Section 420: Contract Unit Price 38
Section 430: Wa�e Increase for Em_„ploYees 38
Secrion 440: Withholdin�and Pavment of Tax Liens and Jud�nents 39
F. Security, Liability, Damages
Section 500: Payment Bond 39
Section 510: Performance Bond 39
Section 520: Default of Contractor 40
Section 530: Commitment of Equinment 42
Section 540: Insurance 43
Section 550: IndemniTy 46
Section 560: LiQUidated Dama�es 46
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
G. Equal Opportunity/Non-Discrimination, Drug Free Work Place
Secrion 600: Equal Emplo ent Opporiunity 48
Section 610: Ectual Employment OppOriunitv — Implementa.tion 49
Section 620: Non-Discriminatory Service 49
Section 630: Drug-Free Workplace 49
H. Operations Plan, Emergency Plan
Section 700: Onerations Plan 50
Section 710: Emer encv Plan 52
I. Ancillary Provisions
Section 800: Assienment of Pled�e on Monies by the Contractor 52
Section 805: Assignment, Subcontracting Delegation of Duties 53
Section 810: Audit and Inspection 53
Secrion 815: Contractor Will Not Sell or Disclose Data 54
Section 820: No Publicity 54
Section 825: Contract Ri�hts 54
Secrion 830: Open Records Act 55
Section 835: Interoretation 55
Section 840: Law; Venue 55
Section 845: Discretionary Waiver of Ri t to a Jury Trial 55
Section 850: Snecific Performance and In�junctive Relief 55
Section 855: Notices 55
Section 860: Severability 56
Section 865: Interest of the Parties 56
Section 870: No Briberv 56
Secrion 875: Chan�e in Control 56
Section 880: Force Majeure 5'7
Section 885: Dispute Resolution 58
Secrion 890: Contractor Acknowled�ment 58
Other Items
SiQnature pa�e 60
Examnle from section 146 61
Exhibits 62
End of Contract
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
SOLID WASTE COLLECTION CONTRACT
BETWEEN AUGUSTA, GEORGIA (AUGUSTA RICHMOND COUNTY)
AND AUGUSTA DISPOSAL & RECYCLING, INC.
This solid waste collecHon Contract is entered into by and between, Augusta,
Georgia, a consolidated local government, which is both a municipal corporation
and a County, being a political subdivision of the State of Georgia, [by and through
Augusta Richmond County's Solid Waste Department] hereinafter ��Augusta" and
Augusta Disposal & Recycling, Inc. of Augusta "Contractor" to provide for
Garbage, Yard Waste, Recycling and Bulky Waste collections from Units located
within the Collection Area (as hereinafter defined).
The parties, in consideration of the promises, representallons and warranties
contained herein, agree as follows:
A. Overview
Section 5. Purpose and Intent — Legal Relationship of Parties
This Contract creates the legal relationship of independent Contractor by and between
Augusta Disposal & Recycling, Inc. and "Augusta".
This Contract engages Augusta Disposal & Recycling, Inc. of Augusta to collect
Garbage, Yard Waste, Recycling and Bulky Waste from Units within the Collection
Area.
Section 10. Nesotiation Costs
The Contractor shall bear its own cost of negotiating this Contract and developing all
required materials. Augusta shall not be charged for any services or other work
performed prior to the Start Date.
Section 15. Contract Term
This Contract is entered into on this E� j �day of ����/�fi� , 2011 ("Effective
Date"). The collection services will begin on January 1, 2012 ("Start Date") and will
automatically renew on a month to month basis, ending at Midnight on the last calendar
day of the month. During any renewal, the same terms, conditions, and methods of
payment shall apply during the renewal period. Augusta must provide Contractor a
minimum of fourteen (14) days notice of its intent to terminate any renewal.
Augusta's payment obligation hereunder for succeeding fiscal periods shall be subject to
availability and appropriation of funds. In the event Augusta does not appropriate funds,
at the beginning of a fiscal year for this Contract, said Contract shall terminate.
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
Section 20: Incornoration of Exhibits
1. The Contractor and Augusta aclaiowledge and agree that each of the following
exhibits is attached to this Contract and is incorporated into and made a part of
this Contract by reference:
Exhibit A: Collection Area
Exhibit B: Rate Table
Exhibit C: Force Majeure Rate Table
Exhibit D: Eviction/Vacant Lot Rate Table
2. If there is a conflict between any exhibit and the Contract, the provisions of
the exhibit shall prevail.
Section 25: Contract Limitations
At the time of award, the Contractor shall not be awarded or have control of more than
50% of the total number of Units.
During the tenn of the agreement, no Contractor shall have control of more than fifty
percent (50%) of the total number of Units. An exception will be made for natural
population growth within a Collection Area.
Section 30. Definitions
In addition to Capitalized terms that are defined elsewhere, the following meanings
apply:
Bins: A water-tight plasric container that is provided by Augusta, that
shall not be less than 65 gallons in capacity, fitted with a sturdy
handle, roll able and a tight fitting lid, for the purpose of collecting
Recycling.
Bulky Waste: Refers to furniture, appliances, tires, and other items too large to be
reasonably placed into a Cart as defined herein with a size limit of,
not larger than five (5) feet in length, five (5) feet in height and ten
(10) feet in width. Construction debris shall be limited to an
amount that is equal to 25% of the allowable pile by volume.
C&D: Construction/Demolition waste means waste of building materials
and rubble resulting from construction, remodeling, repair and
demolition operations on pavements, houses and other structures.
Such wastes include but are not limited to wood, lumber, wall
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
board, concrete, brick, metals, and other items amibuted to
construction and demolition.
Cart: A water-tight plastic container that is provided by the Contractor,
that shall not be less than 95 gallons in capacity, fitted with a
sturdy handle, roll able and a tight fitting lid, for the purpose of
collecting Garbage.
Collection Area: The physical area for which the Contractor has been contracted to
provide services to.
Contractor: Individual or firm contracted to provide services under this
Coniract.
Contract: Document containing all provisions and specification that Augusta
and the Contractor must abide by and/or meet.
Garbage: All discarded waste, food, paper, glass, plastic, leather, textiles,
cans, and/or other materials normally associated with common
household waste.
Handicapped/
Special Needs: Individual(s) who can provide verifiable proof of a disability, a
limitation, or a special need which limits their ability to place
waste to the curb or right of way. �
Hazardous Waste: Refers to Hazardous Waste, which is defined and published in the
Georgia Hazardous Waste Management Act (Official Code of
Georgia Annotated § 12-8-61, et. seq.) and incorporated herein by
reference. Hazardous Waste is potentially dangerous by-products
of our highly industrialized society, which cannot be handled,
treated, or disposed of without special precautions. Hazardous
Waste includes, but is not limited to, ignitable, corrosive, reactive,
and toxic wastes such as acetone, gasoline and industrial alcohols,
alkaline cleaners, acids, cyanide and chlorine, arsenic, pesricide
wastes, paint, caustics, infected materials, offal, fecal matter
(human and animal) and explosives. Hazardous Waste does not
include solid waste that is Household Waste, including household
waste that has been collected, transported, stored, treated,
disposed, recovered (e.g. refused-derived fuel) or reused, all as
defined by the Georgia Hazardous Waste Management Act.
Holiday Overloads: Extra waste generated in association with a Federal, State, or
Locally recognized holiday.
LSBOP: Augusta., Georgia Local Small Business Opportunities Program
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
Red Tag: A notification given to the customer for the purposes of
informing/educating with the intent of eliminaring future issues
related to collections of Garbage, Recycling, Yard Waste, and
Bulky Waste.
Recycling: Refers to paper, cardboard, newspaper, plastic, aluminum, bi-
metal, steel, tin, and other items determined to be recyclable by
Augusta.
Section: A defined subset of customers within the Collection Area.
Tire: Any rubber cushioning from a wheel which will include
automobiles, trucks, bicycles, and other small vehicles, not to
exceed seventeen (17) inches.
Unit: A location approved to have the service(s) under this Contract.
Yard Waste: Plant material (leaves, grass clippings, branches, brush, flowers,
roots, wood waste, etc.); debris commonly thrown away in the
course of maintaining yards and gardens, including sod; and
biodegradable waste as approved by Augusta, but excludes loose
soil, Garbage, food waste, plastics, synthetic fibers, lumber, human
or animal excrement, or soil contaminated with hazardous
substances.
Section 35: Au�usta Responsibilities
Augusta shall be responsible for:
1. Making timely payments required by this Contract.
2. Inspecting Contractor performance, mediating and adjusring customer
grievances. Augusta may require special and other services as contemplated in
this Contract.
3. Specifying each customer's level and type of collection service.
4. Supply Carts and/or Bins as defined by this agreement.
5. Pay disposal costs as defined by this agreement.
Section 40: Contractor's Responsibilities
The Contractor shall be responsible for:
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
1. Furnishing all skilled labor, equipment, materials, supplies and utility services
required for providing all services in accordance with this Contract unless
otherwise noted within the Contract.
2. All actions and activities of its subcontractors.
3. Supplying all records, reports, and information required by this Contract.
4. Securing at Contractor's expense, all governmental permits and licenses and
required regulatory approvals (including all required by Augusta Ordinances).
5. Timely paying of all applicable taxes.
6. Complying with applicable laws and regulations.
7. Performing all work in a timely, professional manner.
8. All wage increases for Contractor's collectors or other employees, any
benefits or added costs resulting from changes in technology, laws,
regulations, labor, supplies, pra.ctices, availability of equipment, and other
business risks that may affect the performance of this Contract.
a. Should there be an extraordinary change in a law(s), rules, or regulations
related to fuel taxes, disposal fees, or the addition or imposition of solid
waste fees or taxes on services that impact the true cost of this contract,
the Contractor and/or Augusta shall have the right to petition for an
equitable adjustment.
Section 45: Contractors Renresentations and Warranties
1. Or�anization and Oualification. The Contractor is duly incorporated or
otherwise legally organized and, validly existing and in good standing under
the laws of the State of Georgia, and has all requisite power and authority to
enter into and perform its obligations under this Contract.
2. Authoritv.
a. The Contractor has the authority to execute this Contract, to make the
representations and warranties set forth in it and is appropriately skilled,
organized and financially able to perform the obligations of Contractor
under this Contract in accordance with its terms.
b. This Contract has been validly executed by the authorized representatives
of the Contractor and constitutes a legally binding, enforceable obligation .
of Contractor.
3. Government Authorizations and Consents. The Contractor has or will obtain
prior to the commencement date such licenses, permits, and other
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
authorizations from federal, state, and other governmental authorities, as are
necessary for the performance of its obligations under this Contract.
4. Comnliance with Laws. The Contractor is not in violation of any applicable
law, ordinance or regulation, the consequence of which will or may materially
affect Contractor's ability to perform its obligations under this Contract. The
Contractor is not subject to any order or judgment of any court, tribunal, or
governmental agency which could materially and adversely affects its
operations or assets in the State of Georgia, or its ability to perform its
obligations under this Contract.
5. Accuracy of Information. None of the representations or warranties in this
Contract and none of the documents, statements, certificates or schedules
fumished or to be fumished by Contractor pursuant hereto or in connection
with the performance of the obligations contemplated under this Contract,
contains or will contain any untrue statement of a material fact or omits or will
omit to state a material fact necessary to make the statements of fact contained
therein not misleading.
6. Indenendent Examination. In accepting these responsibilities, the Contractor
represents and affums that it has made its own examination of all conditions,
facilities, and properties affecting the performance of this Contract and of the
quantity and expense of labor, equipment, materials needed, and of applicable
taxes permits and laws. The Contractor aff'irms that within the Collection
ArealSecrion(s) it is aware of the present placement of collection Carts at the
curb, alley, or backyard locations, and the present location of
Handicapped/Special Needs customers. The Contxactor represents and
warranties that it is capable of continuing to eollect Carts from their present
locations.
Section 47: LSBOP Data Collection Requirement
In accordance with Chapter l OB of the Au�usTA, GA CODE Contractor expressly agrees
to collect and maintain all records necessary to for Augusta, Georgia to evaluate the
effectiveness of its Local Small Business Opportunity Program and to make such records
available to Augusta, Georgia. The requirements of the Local Small Business
Opporh�nity Program can be found at www.au usta��. In accordance with
AuGUSTA, GA. CoDE § 1-10-129(d)(7), the contractor is required to provide local small
business utilization reports. Contractor shall report to Augusta., Georgia the total dollars
paid to each local small business on each contract, and shall provide such payment
affidavits, regarding payment to subcontractors as may be requested by Augusta,
Georgia. Such documents shall be in the format specified by the Director of minority and
small business opportunities, and shall be submitted at such times as required by
Augusta, Georgia. Failure to provide such reports within the time period specified by
Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth,
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
including but not limited to, withholding payment from the contractor and/or collecting
liquidated damages.
Section 50: Au�usta Renresentations and Warranties
Augusta represents and warrants to the Contractor as follows:
1. Organization and Qualification Augusta is a polirical subdivision of the State
of Georgia and has all requisite corporate power and authority to enter into �
and perform its obligations under this Contract.
2. Authori .
a. Augusta. has the authority to execute this Contract, to make the
representations and warranties set forth in it and to perform the obligarions
of Augusta under this Contract in accordance with its terms.
b. This Contract has been validly executed and constitutes a legally binding
and enforceable obligation of Augusta.
3. Government Authorizations and Consents. Augusta has such licenses, permits
and other authorizations, as are necessary for the performance of its
obligations under this Contract, and no consent, approval, or authorization of
or declaration, registration or filing with any governmental or regulatory body
is required to be obtained or made by Augusta as a prerequisite to its execution
of this Contract or its performance of its obligations contemplated hereby.
4. Compliance with Laws. Augusta is not in violation of any applicable law,
ordinance or regulation, the consequence of which will or may materially
affect Augusta's ability to perform its obligations under this Contract. Augusta
is not subject to any order or judgment of any court, tribunal, or governmental
agency which materially and adversely affects its operations or its ability to
perform its obligations under this Contract.
5. Accuracy of Information. None of the representations or warranties in this
Contract and none of the documents, statements, certificates or schedules
furnished or to be fizrnished by Augusta pursuant hereto or in connection with
the performance of the obligations contemplated under this Contract, contains
or will contain any untrue statement of a material fact or omits or will omit to
staxe a material fact necessary to make the statements of fact contained therein
not misleading
Section 55: OSHA & Georgia Law Compliance — Health & Environmental
1. T'he Contractor shall comply with the Federal Occupational Safety and Health
Act of 1970, as amended (OSHA) and the Official Code of Georgia and with
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
the standards and regulations issued to implement these statutes from time to
time.
2. The Contractor is also responsible for meeting all pertinent local, state and
federal health, safety and environmental laws, regulations, and standards
applying to collection of Garbage, Yard Waste, Recycling and Bulky Waste.
Section 60: Vehicles Used in Collection
1. All vehicles used for collection shall be registered with the State of Georgia
Department of Motor Vehicles, and shall be kept in a clean and sanitary
condition and a state of good appearance and repair, and shall be painted in a
uniform manner.
2. All collection vehicles shall be painted by Contractor in Contractor's color(s).
Color(s) and color schemes are subject to approval by Augusta, in its
reasonable discretion. Vehicles shall be uniquely numbered. Contractor's
name and vehicle number shall be painted in a contrasting color, at least four
inches high on each side of the vehicle and on the rear of the vehicle. The
Contractor shall place a sign and/or text as determined by Augusta, which may
include an Augusta customer service telephone number on all collection
vehicles on each side and the reaz of the vehicle. All collection vehicles shall
be kept in a clean and sanitary condition.
3. All collection vehicles or personnel must be equipped with a communication
device (i.e. cell phone or radio) which allows for immediate communicarion
between the collection vehicle and a supervisor, and/or the Contractor's
office.
4. Collection vehicles shall be sufficient to service all participating Units for
which they are intended to service at the frequency of collection specified and
able to handle special requirements of the Contract including adverse weather
and holiday overloads.
5. All vehicles used by management personnel, including route supervisors,
operations manager, etc. shall be equipped with cell phones with voice mail so
that they can be contacted by Augusta.
6. All vehicles operaxed under the authority of this Contract shall be driven in
compliance with Uniform Rules of the Road and Georgia Sta.te tra�c laws
and, where applicable, Augusta's codes, ordinances, and rules.
7. The Contractor's collection vehicles shall be used only on this Contract,
unless advanced written approval is given by Augusta. The Contractor may
use collection vehicles from other sources or use Contract vehicles for other
operations only with the prior written approval of Augusta. Should Augusta
authorize either of the above mentioned approvals, at no time may non-
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
contract waste be included with Contract waste. This provision is subject to
Section 560.
8. The Contractor shall not park or store any collection vehicles on Augusta
property. Should Augusta identify that a vehicle violates this provision; the
Contractor shall be notified by phone, fax, or e-mail. Should the vehicle not
be removed in a reasonable period, or should the vehicle become a nuisance, a
safety issue, or an operational issue, the vehicle will be towed out of the way
or to the Contractors shop, at the Augusta's discretion, at the sole expense of
the Contractor. Said expense will be deducted from the amount owed to the
Contractor for the current month.
9. The Contractor shall make a reasonable effort to empty each collection
vehicle at the end of each day.
Section 62: Suare Vehicles
l. The Contractor shall have a minimum spare ratio sufficient to provide quality
service under this Contract. Spare vehicles shall be allowed to collect from
any route, collecting any material. Spare vehicles shall meet the appropriate
standards set forth herein for normal vehicles. Spaze vehicles will be counted
toward the average age of the fleet.
2. The Contractor shall be responsible for ensuring that spare assets are available
for each subcontractor to meet the above stated standard.
3. When a spare vehicle is used, notification to Augusta must be received in
advance. The advanced notice shall include at a minimum, the date, truck
number, route it will be servicing, and commodity serviced. Other
information may be reasonably requested by Augusta. Advance notice type
shall be by fax or e-mail, or other reasonable communications as determined
by Augusta.
Section 65: One Vehicle One Purqose
Under this Contract, each collection vehicle shall be designated to collect one (1) type of
material such as Garbage, Yard Waste, Recycling, or Bulky Waste. The collection
vehicle may not be allowed to switch commodities collected without the prior written
approval of Augusta.
Consideration will be given to Contractors wishing to:
1. Utilize multi-collection type vehicles.
2. Technology and/or processing advances.
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Solid Wa�ce Cvtlect,it�ns �vniract — Au�asta D'zapasal -- ADR — Month-to-Month
3. l�tsllcy wu�ic coli�ctions, as ton� as materiala are acceptRbte at the appmpriatc
dispasal sit�.
A. Improve utilization af asa��s.
S= Ut�ger con�'sderallons as may atixe.
,�ny coztsider�qon rec�uest mwst be mad� i� writirag. Angusta's decision to We
oonsidcratioz� request uhalt be �inal �nd bindin�;.
S�ei�� 7Qc
1. The Gc,utractor is responsibl8 for any and all fees associated witt� disposal
perxnits, insp�edoa fees, tn�ak acicl�, et�c. These �erm�ts sha4l be rimaly
�btained aaad/or post�d andfor rczay be �red by a solid wastic disposal site, a
licensin� aut�oriity, � gov�aant, by m�k, by commodity or same a#her
itcm ar eombirzatiar+.
�. '�"he Au�usta tand�ell wilt �ts�r�� a ono hundred doNlar (SdQQ) amaiaal fee fforr
each dispas�l stia&ex requrr�l.
3, Prior 4a tlxe 5tart Dace, �uad asuanaily tl�areaRsa°, A❑gusta �hall l�ave tho ri.�ht to
ir�s�aect all vc6icles u�ed ko pdrfcsrm th� Gou4ract. 'I'he vehicle shall, ae a
cniroimum, rncet t�e Fedcral Aeps�rtment of 'TYsns�sartaHan standatds, as well
as re�uiremonta li�tsc� in thi� �Conuract. A f� or reimbucsement auay bo
callected firam the (dan9ractnr Pere �ach individuat inspeotiase in am anaaur�t aat
to �:xc,eecM ane hwadred �anc� fatt�+ d,a11� ($1S0) per inspect9con, Should a
vchicle nvt pass i�sspeccio��, the Contt�Ct�r shall rer�edy any inspection
dc�cieaay idcntifi�d �8 }�av� ihe vehicic re-iasp�t�d. All �c�asee
as�i�cia¢�d w�tt� dhe r�►air a,ad x�in;s�ct#em ahatl be the �ate rospnr�sibility of
tbe Contractnr.
4. A.u�usta c�r�y do random sgwt ir�sp�ari�ns as it deerres reasnr�bly n�ce�aury+.
5. �hould tb� ve�ici� nat p� inap�ian, th� vohiale shail not b� us�ri an�der rb.ia
�a�hru�t u�stil the v�ehhi�sfe isns i�c�n c�paicr�d aud p�asau su�h r�-inspaWaoa.
5�set7�r17�: �Cteet� Spc�Cifft�ddms
1. Un ur bmfnra th� Start Aa� nf �his Cs�nt�ct, aCl vehicics used in oolleotiucxs
sh�Zl be in �aod oparat��ag cn�ar. All cotlr,�Cian e�uipau�at usod undar ehi�
Ca�er�at sh�lt mecst sll applicabt� state aad federat safo�y stiarsdartis.
2. At no t�r� vara$e agr aP ve ' u� � callectiun. Cancract
�xc� five (5} ye�ra in agre r tbe suboantraotars vehicles aee
; .., �ettibutcd to the �'o s f�eat.
�7 ��
; �, .,�;�;��' ,,"""-�-�"°°`� � p �' .� ��
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
3. Should a vehicle use a cart tipper/dumper, it shall be designed to empty carts
pursuant to ANSI Z245.60-1999 and ANSI Z245.30-1999. Cart
tippers/dumpers which do not meet this requirement shall not be used. If a
cart tipper/dumper is used that does not meet the above mentioned
� specification, the Contractor shall be responsible for all damages to Carts to
include the cost of repair or replacement.
4. All collections vehicles used to perform functions under this Contract shall be
equipped with the following in complete and sound working order:
a. Ambient noise back-up alarm.
b. Back-up camera with monitor visible from any driving position.
c. A 10 pound fire extinguisher.
d. A first aid kit.
e. Minimum of three safety marking devices (flares, or reflective triangles).
f. A rear-mounted strobe light activated while collecting materials.
g. Spill kit of a size to handle operational spills.
5. All supervisors vehicles used to perform functions under the Contract shall be
equipped with the following in complete and sound working order:
a. A 10 pound fire extinguisher.
b. A first aid kit.
c. Minimum of three safety marking devices (flares, or reflective triangles).
d. Spill kit of a size to handle operational spills.
Section 80: Ownershin of Eauinment
l. All vehicles, facilities, equipment, and property used in the performance of
this Contract shall be wholly owned by the Contractor, provided, that leases,
conditional sales contracts, mortgages, or other agreements for the use or
financing the purchase of vehicles, facilities, equipment, and property may be
allowed with the prior written approval of Augusta.
2. No ftuther encumbrance shall be placed upon any such vehicles, facilities,
equipment, and property without the prior written approval of Augusta.
SecHon 85: Asset Maintenance and Inventorv
The Contractor shall provide Augusta, prior to the Start Date, a complete inventory
showing property, buildings, key assets, and each vehicle (make, model, type, capacity,
age, commodity collected, truck number, and VIN) used for performing the Contract.
The Contractor may change equipment from time to time with the prior written approval
of Augusta, not to be unreasonably withheld. The Contractor shall maintain assets and a
vehicular fleet during the performance of the Contract at least equal substantially to that
described in the inventory.
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Solid Waste Collections Contract — Augusta Disgosal — ADR — Month-to-Month
Section 90: Traffic Laws, Noise Control
All vehicles must operate in conformity with all federal, sta.te and local laws, rules, or
ordinances related to traffic and noise control.
Section 95: Contractor's Office
The Contractor shall maintain within fifteen (15) miles of Augusta, Georgia (Augusta-
Richmond County) an office with local telephone service and such staff as needed to
receive and respond to complaints, requests for missed collections, and other
coordination with citizens and Augusta staff. Phone service shall include phone lines and
voice mail adequate to handle the citizens' and Augusta's demand as reasonably
necessary, cable modem intemet access or equivalent speed, as well as designated e-mail
account(s) to be used with this Contract. Any voice message or e-mail shall be responded
to/returned by the Contractor's office staff within sixty (60) minutes. Office hours shall
be 8:00 a.m. to 5:00 p.m., Monday through Friday. The office shall be open 8:00 a.m. to
noon any Saturday after a holiday, or on any Saturday that a regularly scheduled route is
operated. The Contractor shall also provide a local telephone number where the
Contractor may be contacted at any time by Augusta.
Augusta, Georgia may, at reasonable times, inspect the Contractor's office for reasons
that are pertinent to the performance of this contract.
B. Collection Services
Section 100: CollecNon Area
The Contractor shall provide all collection services called for in this Contract within the
following area:
See E�ibit A for a general overview of the Collection Area(s), however;
Augusta will assign and the Contractor will retain their currently awarded/designated
Collection Areas. For Contractors utilizing subcontractors, the subcontractor(s)
Collection Areas/Sections may not be altered from their existing state without the prior
written approval of Augusta.
Augusta reserves the right to request and/or negotiate with the Contractors to
swap/exchange portions of Collecrion Areas throughout the life of this Contract.
Section 102: Davs of Collection
The Contractor shall make all collections on the days of Monday through Friday, or as
otherwise required by Augusta due to the nature of the services provided. Any deviations
to this shall have prior written approval from Augusta, and Augusta shall have the final
and sole decision.
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
Section 104: Garba�e Collection
Garbage shall be collected twice weekly on a set schedule:
l. The Contractor shall collect the following materials as Garbage: All
discarded waste, food, paper, glass, plastic, leather, textiles, cans, and/or other
materials normally associated with household waste.
2. The Contractor shall collect Garbage from designated Units which have been
placed in the appropriate Cart for collection.
3. The Contractor and Augusta may by mutual agreement establish other
reasonable specifications regulating the size, quantity, configuration, and
placement of Garbage eligible for collection.
4. The Contractor shall exercise good faith to ensure that Yard Waste and/or
Recycling materials which a customer has properly segregated are not placed
in the collection vehicle that collects Gazbage. Intentional disposal of Yard
Waste andlor Recycling with Gazbage shall be subject to Secrion 560 of this
Contract.
5. The Contractor shall collect Garbage which is placed for collections that are in
accordance with this Coniract. It shall be the Contractor's responsibility to
give notice to Augusta staff if it believes Gaxbage is not prepazed and/or
located per the Contract specifications. Should the Contractor fail to notify
Augusta about a specific Unit(s) that it believes does not meet the conditions
of the first sentence of this paragraph than it shall be the Contractors
responsibility to collect all such Garbage from such Units(s) as if it was
disposed of properly pursuant to the terms of this Contract.
6. If Garbage is left uncollected, the Contractor will leave an explanation (red
ta.g) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 106: Yard Waste Collection
1. Yard Waste shall be collected once every week with the first Garbage
collection of the week for the same Units.
2. The Contractor shall collect the following materials as Yard Waste: plant
material (leaves, grass clippings, branches, brush, flowers, roots, wood waste,
etc.); debris commonly thrown away in the course of maintaining yards and
gardens, including sod; and biodegradable waste as approved by Augusta.
The Contractor sha11 not collect as Yard Waste loose soil, Garbage, food
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
waste, plastics, synthetic fibers, lumber, human or animal excrement, or soil
contaminated with hazazdous substances.
3. The Contractor shall collect Yard Waste from designated Units which have
been placed in piles, bundles, marked, identified, or open top cans or in a kraft
paper bag not to exceed 32 gallons in capacity. The Contractor shall not
collect Yard Waste cans, kraft bags or bundles that are in excess of fifty (50)
pounds each. The Contractor shall not collect Yard Waste that has been
placed in plastic bags. Christmas trees will be eligible for collection as Yard
Waste, and are not required to meet the above stated standards so long as
lights and decorations have been removed.
4. The Contractor shall collect a11 Yard Waste with size limits of, not larger than
five (5) inches in diameter nor longer than five (5) feet, and stacked in piles
not to exceed five (5) feet in height, five (5) feet in width and 10 feet in depth.
5. The Contractor and Augusta may by mutual agreement establish other
reasonable specifications regulating the size, quantity, configuration, and
placement of Yard Waste eligible for collection.
6. The Contractor shall exercise good faith to ensure that non Yard Waste
materials are not placed in the collection vehicle. The Contractor shall not
knowingly collect Yard Waste contaminated by fecal matter, unsegregated
Garbage, hazardous substances or other ineligible material.
7. The Contractor shall collect Yard Waste which is placed for collecrions that
are in accordance with this Contract. It shall be the Contractor's
responsibility to give notice to Augusta staff if it believes Yard Waste is not
prepared and/or located per the Contract specificarions. Should the Contractor
fail to notify Augusta about a specific Unit(s) that it believes does not meet
the conditions of the first sentence of this paragraph than it shall be the
Contractors responsibility to collect all such Yard Waste from such Units(s) as
if it was disposed of properly pursuant to the terms of this Contract.
8. If Yard Waste is left uncollected, the Contractor will leave an explanation (red
tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Co�tractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 108: RecvclinE Collection
1. Recyclables shall be collected once every week with the second Garbage
collection of the week for the same Units on a set schedule.
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
2. The Contractor shall collect the following materials as Recycling: paper,
cardboard, newspaper, plastic, aluminum, bi-metal, steel, tin, and other items
determined to be recyclable by Augusta.
3. The Contractor shall collect Recycling from designated Units which has been
placed in the appropriate Bin for collection.
4. The Contractor and Augusta may by mutual agreement establish reasonable
specifications regulating the size, quantity, configuration, and placement of
Recycling eligible for collection.
5. The Contractor shall use reasonable efforts to ensure that non-recyclable
materials are not placed in the collection vehicle. The Contractor shall not
knowingly collect Recycling containing unsegregated Garbage, Yard Waste,
hazardous substances or other ineligible material.
6. The Contractor shall collect Recycling which is placed for collections in
accordance with this Contract. It shall be the Contractor's responsibility to
give notice to Augusta. staff if it believes Recycling is not prepared and/or
located per the Contract specificarions. Should the Contractor fail to notify
Augusta about a specific Unit(s) that it believes does not meet the conditions
of the first sentence of this paragraph than it shall be the Contractors
responsibility to collect all such Recycling from such Units(s) as if it was
disposed of properly pursuant to the terms of this Contract.
7. If Recycling is left uncollected, the Contractor will leave an explanation (red
tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 110: Bulkv Waste Collection
1. Bulky Waste shall be collected once every week with the second Garbage
collecrion of the week for the same Units on a set schedule.
2. Bulky Waste refers to furniture, appliances, tires, and other items too large to
be reasonably placed into a Ca.rt as defined herein with a size limit of, not
longer than five (5) feet, and stacked in piles not to exceed five (5) feet in
height, five (5) feet in width and 10 feet in depth, or equivalent volume.
Construction debris shall be limited to an amount that is equal to 25% of the
allowable pile by volume.
3. The Contractor shall collect Bulky Waste from designated Units which have
been placed to the curb for collection.
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
4. The Contractor and Augusta may by mutual agreement establish reasonable
specifications regulating the size, quantity, configurarion, and placement of
Bulky Waste eligible for collection.
5. The Contractor shall use reasonable efforts to ensure that non Bulky Waste
materials are not placed in the collection vehicle. The Contractor shall not
collect Bulky Waste containing unsegregated Ga.rbage, Yard Waste,
hazardous substances or other ineligible material.
6. No more than two (2) rires shall be collected from any single Unit per
collection.
7. Prior to disposal of any item containing refrigerant, the Contractor shall have
had the refrigerant removed/properly recycled by a licensed company in
business to do such work. Such proof may be required by a disposal facility,
or Augusta.
The removaUproperly recycling of refrigerant shall be at the sole cost of the
Contractor.
8. The Contractor shall collect Bulky Waste which is placed for collections that
aze in accordance with this Contract. It shall be the Contractor's
responsibility to give notice to Augusta staff if it believes Bulky Waste is not
prepared and/or located per the Contract specifications. Should the Contractor
fail to notify Augusta about a specific Unit(s) that it believes does not meet
the conditions of the first sentence of this paragraph than it shall be the
Contractors responsibility to collect all such Bulky Waste from such Units(s)
as if it was disposed of properly pursuant to the terms of this Contract.
9. If Bulky Waste is left uncollected, the Contractor will leave an explanation
(red tag) to help the customer correct the problem a.nd avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 112: Additional Carts
1. The residents of the Contract Area may request one or more additional Carts
and/or Bins from the Contractor for an additional volume of collection.
2. The Contractor will be paid for extra Carts at the rate specified in Exhibit B.
3. All additional Carts and/or Bins must be approved by Augusta prior to being
delivered.
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
Section 114: Place of Collection
1. The normal collection point for Garbage, Yard Waste, Recycling and Bulky
Waste shall be at curbside or at the right of way. Special arrangements may
be made by both Augusta and the Contractor on a case-by-case basis to
accommodate extraordinary situations.
2. Augusta on a case-by-case basis may require alley collection. If alley
collection is required, Augusta will work reasonably with the Contractor and
the affected customer(s) to get all services to the alley to prevent collection
from both the alley and the street.
3. Augusta shall monitor any collection routes or a portion of a route on a regular
basis to deternune if the Contractor is placing CartsBins back in their original
locations in a neat and orderly manner after collection. CartsBins shall be
carefully handled by the Contractor and shall be thoroughly emptied and left
substantially near to the location where it was found and standing upright.
This work shall be done in a sanitary manner and the Collector shall
immediately pick up any waste spilled by the Contractor.
4. The Contractor shall provide special service(s) for those individuals who are
unable to place their CartsBins out for collection in the usual manner due to
being Handicapped/Special Needs at a place mutually agreeable between
Augusta and the Contractor. Any dispute over the correct placement for
individuals Handicapped/Special Needs will be finally determined by
Augusta. In the event that the Contractor is to provide back door service, the
property owner must sign a waiver of liability and return it to the Contractor
and Augusta.
5. If it would appear to a reasonable person that the Contra.ctor is not placing
CartsBins back substantially neaz their original locations in a neat and orderly
manner, the CartsBins upright, and thoroughly emptied then the Contractor
could face damages as stated in Section 560 Liquidated Damages.
Section 116: Collection from Additional Locations
Augusta may add additional collecrion points within the Collection Area at its sole
option. This could include items such as Augusta Cans, Bus Stops, Businesses, Augusta
Buildings, or any other locations as directed by Augusta.
Areas of Augusta that were not included in the awarded Collection Area's may be added
to an awarded Collection Area at a later date.
Should services be required that aze not called for in this Contract, the Contractor and
Augusta may negotiate to provide said services at a negotiated service level and cost.
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Solid Waste Collections Contract - Augusta Disposal — ADR — Month-to-Month
Section 120: Force Maieure Clean Uu
l. The trigger event for this section shall be when the following items are all
met:
� a. Augusta enacts the Emergency Management Center and;
b. The Contractor is asked to provide services above and beyond the services
normally provided for by this Contract.
2. In the event of a Force Majeure that requires clean up, Augusta must make all
requests in writing. The Contractor shall have twenty-four (24) hours after
receipt of written notice to start the clean-up project unless Contractor can
demonstrate the timeline is unreasonable and shall finish such project within a
reasonable time.
3. The Contractor will be paid at the rate(s) specified in Exhibit C of this
Contract.
4. Under this provision, Augusta may alter the specifications of the Garbage,
Recycling, Yard Waste, and Bulky Waste to fit the needs of the situation.
5. Augusta at its sole option may authorize the Contractor to temporarily
discontinue one type of service to provide additional resources to other service
types.
6. The Contractor shall document the resources used, time to collect, volume
and/or weight, or other statistical data as requested for each assigned project
as requested by Augusta.
7. To esta.blish "normal volumes", Augusta will average the previous three (3)
months tonnages hauled for the specific commodities prior to the event. Then
subtract that from the total Force Majeure Clean Up volumes for each month
, of the clean up. This will determine the additional volumes collected, and the
monthly event tonnage that will be paid for the monthly amounts above the
three prior month's average.
8. Should Augusta decide to discontinue one type of service and replace it with
another; the discontinued services average volumes for the previous three (3)
months will be deducted from the Force Majeure volumes to accurately reflect
the increased volumes due to the event.
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
Section 122: Eviction, Vacant Lot, Suecial Clean-up
1. Augusta may require the Contractor to collect from an eviction. If the
materials are not in compliance with other provisions of this Contract the
Contractor will be paid at the rate specified in Appendix D of this Contract.
2. Augusta may require the Contractor to collect from a vacant lot. If the
Contractor collects waste from a vacant lot, the Contractor will be paid at the
rate specified in Appendix D of this Contract.
3. Augusta may require the Contractor to collect waste from a property as a
special clean-up. If the Contractor collects waste under this provision, the
Contractor will be paid at the rate specified in Appendix D of this Contract.
4. All materials under this section will be placed to the curb for collection.
5. Augusta shall make all requests in writing under this secrion. The Contractor
shall have twenty-four (24) hours from receiving the request to collect said
materials.
6. The Contractor shall document the resources used, time to collect, volume
and/or weight, or other statistical data as requested for each assigned project
as requested by Augusta.
Section 124: Augusta Clean-up Events
During the term hereof, Contractor shall provide the following Clean-up events at no
additional charges:
1. Summer Neighborhood — In the Month of June, the Contractor shall provide
unlimited collection of Garbage, Yard Waste, Recycling and Bulky Waste so
long as the following is met:
a. Garbage shall be placed in boxes, bags, cans or other means to properly
secure it from blowing away prior to collection, and shall not exceed fifty
(50) pounds in weight per box, bag, can, etc.
b. Contractor shall collect Yard Waste which has been placed in piles,
bundles, marked, identified, or open top cans or in a kraft paper bag not to
exceed 32 gallons in capacity. The Contractor shall not collect Yard
Waste cans, kraft bags or bundles that are in excess of fifly (50) pounds
each.
The Contractor shall not collect Yard Waste that has been placed in plastic
bags, exceeds a maximum length of (5) feet and/or has a diameter greater
than 5 inches.
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
2. Winter Neighborhood — In the Month of January, excluding the first year of
the Contract, the Contractor shall provide unlimited collection of Garbage,
Yard Waste, Recycling and Bulky Waste so long as the following is met:
a. Garbage shall be placed in boxes, bags, cans or other means to properly
secure it from blowing away prior to collection, and shall not exceed fifty
(50) pounds in weight per box, bag, can, etc.
b. Contractor shall collect Yard Waste which has been placed in piles,
bundles, marked, identified, or open top cans or in a kraft paper bag not to
exceed 32 gallons in capacity. The Contractor shall not collect Yard
Waste cans, kraft bags or bundles that are in excess of fifty (50) pounds
each.
The Contractor shall not collect Yard Waste that has been placed in plastic
bags, exceeds a maxixnum length of (5) feet and/or has a diameter greater
than 5 inches.
3. Masters Event — In the full week preceding, during and after the Masters Golf
Tournament, an unlimited amount of Garbage shall be collected so long as the
following is met:
a. Garbage shall be placed in boxes, bags, cans or other means to properly
secure it from blowing away prior to collection, and shall not exceed fifty
(50) pounds in weight per box, bag, can, etc.
Section 126: Time of Collection
The Contractor shall make collections between 6:00 a.m. and 6:00 p.m. Monday through
Friday, and 6:00 a.m. to 12:00 p.m. on Saturday if a route is run on that day unless
Augusta authorizes an extension of hours. Such authorizations must be in writing and be
prior to any extended hours of operation.
An additional extension of hours will be granted on the Saturday following a holiday that
is acknowledged in the Contract (Section 138). Those collecrion hours shall be 6:00 am
to 6:00 p.m. �
Section 128: Schedulin� of Collection
l. For collection of Garbage, the Contractor shall divide the Collection Area into
two reasonably equal collection sectors, with one sector to be collected each
Monday and Thursday, and the other sector collected each Tuesday and
Friday.
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
2. The two collection sectors shall be bounded by natural boundaries, such as
bodies of water, major highways or arterials when at all possible. Any
boundaries that are on secondary or residential roads shall be divided on the
back of property lines to ensure both sides of the street are collected on the
same day and route. Collections shall be made from Units on a regular
schedule on the same day at approximately the saxne time.
3. Should the Contractor wish to alter routes or days of collection, the Contractor
shall provide Augusta at least twenty one (21) days' notice. Any customers
affected by a day change must be notified at least seven (7) days prior to the
change via direct mail or door hanger to the service address, and all changes
will be made in the first full week of a month. The Contractor shall provide
Augusta an electronic listing of the changes at least seven (7) days prior to the
date of the change. The form of notice to the customer shall be subject to the
approval of Augusta
4. Augusta shall have the opportunity to review and approve any and all routes,
day of collection changes or any other changes effecting service and
schedules. All requests to alter the current service or schedule shall be made
in writing. After approval and before implementation, Augusta sha11 receive
updated maps of the Collection Area indicating the changes in service and/or
schedule at a level equal to those listed above.
Section 130: Work on Augusta Pronertv
The Contractor will ensure that its employees shall, whenever on Augusta's property,
obey all instructions and directions issued by Augusta to include posted signs. The
Contractor agrees that its personnel and the personnel of its subcontractors will comply
with all rules, regulations and security procedures of Augusta. when on Augusta property.
Section 132: Disnosal and Recvcling Locations
1. The Cont�actor shall deliver all Garbage collected under this Contract to
Augusta's Landfill located at 4330 Deans Bridge Road, Blythe, Georgia
30805, or such other locarions as Augusta may designate, and shall deposit the
material collected in the manner directed.
2. The Contractor shall deliver all Yard Waste collected under this Contract to
Augusta's Landfill located at 4330 Deans Bridge Road, Blythe, Georgia
30805, or such other locations as Augusta may designate, and shall deposit the
material collected in the manner directed.
3. The Contractor shall deliver all Recycling collected under this Contract to
Augusta's Landfill located at 4330 Deans Bridge Road, Blythe, Georgia
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
30805, or such other locations as Augusta may designate, and shall deposit the
material collected in the manner directed.
4. The Contractor shall deliver all Bulky Waste collected under this Contract to
Augusta's Landfill located at 4330 Deans Bridge Road, Blythe, Georgia
30805, or such other locations as Augusta may designate, and shall deposit the
material collected in the manner directed.
5. All items collected and required to go to Augusta's Landfill shall be delivered
Monday through Friday by 5:00 p.m. and Saturday by 12:00 p.m.
6. No disposal fees shall be charged for disposal of Garbage, Yard Waste,
Recycling or Bulky Waste. Augusta shall bear all cost(s) associated with
disposal.
7. Augusta has the right from time to time to change the hours of operation at
Augusta's Landfill.
8. Augusta has the right from time to time to change the disposal facility for any
given commodity which may have different hours of operation than the
current disposal facility.
9. Should Augusta elect to change the disposal facility/location, which causes a
significant cost increase to the Contractor, the Contractor may petition
Augusta for an equitable adjustment. If the change in the disposal
facility/location causes a significant cost decrease to the Contractor, Augusta
may petition the Contractor for an equitable adjustment.
10. The Contractor shall require that all personnel who exit any vehicle at the
Landfill or other disposal facility must wear a"hard hat" at all times and high
visibility clothing as set forth in Section: 220.
11. Any time that materials are not disposed of at the Landfill located at 4330
Deans Bridge Road, Blythe, Georgia 30805, documentation of disposal will
be required. Documentation needs will be set by Augusta but could include
items such as yardage, tonnage, date, time, ticket number, copies of tickets,
etc.
Section 134: Ownershiu of Materials Collected
Collected Garbage, Yard Waste, Recycling, and Bulky Waste shall be the property of the
Contractor until the collected Garbage, Yard Waste, Recycling, and Bulky Waste is
disposed of at the assigned disposal facility. Once materials are disposed of at the �
assigned disposal facility, the materials collected shall be the property of Augusta or
owner of said disposal facility, subject to the right of a customer to claim lost property of
value.
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
Section 136: Scavengin�
No "scavenging" by the Contractor, Subcontractor(s) or any of their employees shall be
allowed. Scavenging means sorting through Garbage, Yard Waste, Recycling, or Bulky
Waste while collecting, looking for items of possible value or picking out individual
pieces for reuse while loading or unloading. Scavenging excludes searches by the
original owners for valuables accidentally misplaced or that may be lost.
Section 138: Holidav Schedule
The Contractor shall provide collecrion services on all legal holidays except New Years
Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. Material
regularly scheduled to be collected Thanksgiving Day shall be collected on Friday, the
day after Thanksgiving. Friday's material shall be collected on Saturday. If Christmas,
New Years Day, Memorial Day, Fourth of July, or Labor Day falls on a regularly
scheduled workday, collections will be delayed one day and Friday's materials shall be
collected on 5aturday. Should a holiday fall on a Saturday or Sunday, no adjustments
will be made. Waste will be collected on the regular schedule on the following week.
The Holiday Schedule may be amended from time to time, to meet the needs or wishes of
Augusta.
Section 140: Service Disruutions Due to Weather
Service disruptions due to weather shall occur when one (1) or more of the following
events have occurred.
1. Augusta closes for a weather related issue.
2. Augusta notifies the Contractor of Augusta's wish to have the Contractor
suspend services for weather related issues.
3. The Contractor notifies Augusta of the Contractors wishes to suspend services
for weather related issues. Augusta shall reasonably evaluate the situation,
and make a determination of such conditions.
When snow or ice or other weather conditions prevent collection on the scheduled day,
the Contractor shall make collection on the next weekday. If such conditions continue
for a second consecutive day or more, the Contractor shall, on the first day that regular
service to a customer resumes, collect all the materials that the customer is authorized to
have, i.e. if one collection day is missed and the customer is on 95 gallon service, the
Contractor shall collect 190 gallons of material. On the day that collections resume, the
Contractor shall take bags, boxes, and other secure wrappers, and shall empty temporary
receptacles that customers have used when the collection CartsBins have been filled.
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
Section 142: Service Disruntions — Non Weather
A number of collection impediments may require special efforts to accomplish collection
under this Contract.
1. On-Street Parking
Certain neighborhood streets allow "on-street parking" which may present
impediments to curbside collection services. The Contractor shall perform
collection services even if the curb is blocked.
2. Blocked Streets/Renovations/Construction
When closure of roadways providing access, blocked streets or other
disruption beyond the Contractor's control prevents timely collection on the
scheduled day, the Contractor shall attempt collection later on that collection
day. If collection is still not possible, the Contractor must notify Augusta
prior to 4:30 p.m. on the day of service. The Contractor must provide to
Augusta the reason collection was unachievable and the Unit(s) block range,
street name, as well as the times that collections were attempted. If collection
was not possible, the Contractor shall provide service on the next business
aay.
Section 144: Missed and Make-up CollecNons
1. Should the Contractor fail to make a collection on a scheduled day for causes
within the Contractor's control, the Contractor shall make a special make-up
collection by the end of the same business day, if notification of the missed
collection is received by noon that business day, if notificarion is received
after noon, a make-up collection shall be scheduled for the following business
day with collection of the miss to be completed by noon. For the purpose of
Section 144, the "business day" includes Saturday.
2. Notwithstanding the foregoing, Augusta may require the Contractor to do the
following:
a. Authorize the Contractor to defer the collection and authorize the
customer to place a proportionally larger amount of waste on such
customers next scheduled collection day, and to accommodate such
disposal, the Contractor shall take bags, boxes, and other secure wrappers,
and shall empty temporary receptacles that customers have used when the
collection Carts and/or Bins have been filled.
3. It shall be a defense to a missed collection that the customer had not made
timely placement of his or her waste out for collection; that placement did not
comply with provisions of this Contract, or that materials collected did not
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
comply with provisions within this Contract, provided that the Contractor
shall have left an approved printed tag (red tag) on all material left because it
was not properly prepared, it was overweight, or for other reasons. If
Garbage, Yard Waste, Recycling or Bulky Waste is left uncollected, the
Contractor will leave an explanation (red tag) to help the customer correct the
problem and avoid it in the future. Should the Contractor fail to leave a red
tag for the customer, it shall be the Contractors responsibility to collect all
such wastes left behind as if it was disposed of properly pursuant to the terms
of this Contract.
4. Should the customer have failed as outlined above, Augusta may require the
Contractor to do the following, provided that the customer has resolved said
issue:
a. Authorize the Contractor to collect and authorize the customer to place a
proportionally larger amount of waste on such customers next scheduled
collection day, and to accommodate such disposal, the Contractor shall
take bags, boxes, and other secure wrappers, and shall empty temporary
receptacles that customers have used when the collection Carts and/or
Bins have been filled. This provision shall exclude Yard Waste and Bulky
Waste.
5. The Contractor, no later than 10:00 a.m. the next business day, must notify
Augusta of any collections the Contractor has refused or been unable to make
the previous day. It shall include the address, time of attempted collection,
and reason for non-collection. This list shall be referred to as the Exception
List "EL".
6. If Augusta transmits a"miss" complaint to the Contractor which is on the EL,
and it is a miss which the Contractor should not collect due to the fact that the
material is overweight or contains material that should not be collected and a
red tag was properly left, the Contractor shall note on the miss that the address
is on the EL and note the reason that is was not collected and return the miss
complaint to Augusta within two (2) business hours of its receipt, and the miss
shall not be collected.
7. All miss complaints transmitted to the Contractor on Friday must be collected
by noon on Saturday. If it appears to Augusta that the Contractor is not
collecting these misses by noon Saturday, Augusta has the option of
contracting with another collection firm to collect these misses. The cost of
this oprion will be deducted from the Contractor's payment.
8. This section applies to omitted collections of a single Unit, a row of Units
and/or an entire route.
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
9. Failure to comply with the above stated provisions shall have Liquidated
Damages as stipulated in Section 560.
Section 146: Contract Carts
1. The Contractor shall provide all Garbage carts for this Contract. A specific
rental rate will be charged for each Cart used under this Contract for the
current month. The cart rental rate will be the monthly rate as specified in
Exhibit B of this Contract
2. At the end the initial Contract period, the Contractors Carts shall become the
property of Augusta free and clear, with no further encumbrance due.
3. Should Augusta elect to replace the Contractors Carts with Carts provided by
Augusta, at any point in the Contract, the Contractor shall promptly remove
their Carts and replace them with the Carts provided by Augusta. Once Carts
are received by the Contractor, no further rental rates may be charged for the
Contractors Carts as defined above.
4. Should Augusta elect to replace the Contractors Carts, the Contractor will be
paid a proration for the month in which the (Augusta owned) Carts were
received by the Contractor. The proration amount for each Cart received by
the Contractor shall be calculated by taking the monthly Cart renta.l rate in
Exhibit B and dividing it by thirty one (31) days, then multiplying that number
by the number of days from the first of the month until the date Augusta Carts
were received by the Contractor multiplied by the number of Carts received.
Prorations and implementa.tion amounts will be paid as follows:
a. 0-100 Cart(s) received, the Contractor shall be paid the proration amount.
b. 101-200 Carts received, the Contractor shall be paid the proration plus
seven (7) days from the date of receipt.
c. 201-300 Carts received, the Contractor shall be paid the proration plus
fourteen (14) days from the date of receipt.
d. 301-400 Carts received, the Contractor shall be paid the proration plus
twenty one (21) days from the date of receipt.
e. In excess of 400 Carts received, the Contractor shall be paid the proration
plus thirty (30) days from the date of receipt.
Example: See Attached Example Below
Section 148: Sunnlving Garba�e Carts
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
1. The Contractor will supply the Customers with Carts for distribution to the
Customer. Carts will be a water-tight plasric container that is provided by the
Contractor, which shall not be less than 95 gallons in capacity, fitted with a
sturdy handle, roll able and a tight fitting lid, for the purpose of collecting
Garbage.
2. Carts for new customers shall be delivered within two (2) days of norification
from either the customer or Augusta. Carts will be delivered in a clean,
sanitary, working condition.
3. The Carts shall be provided with instructions of proper use, including any
customer actions that would void manufacturer's warranties, such as
placement of hot ashes in the Cart causing the Cart to melt, and procedures to
follow to minimize potenrial fire problems. A pamphlet explaining the dos
and don'ts, program requirements, directions for placement of the Cart, and
notification of the day of the week when the customer will receive collection
will be provided with each Cart.
4. The pamphlet containing the dos and don'ts, program information and the
directions for placement shall be supplied by Augusta.
5. No other cans or Carts may be placed into service unless approved by Augusta
or as otherwise noted in the Contract.
6. Should a customer require a replacement Cart due to loss, stolen or damage,
the Contractor has two (2) days to replace the Cart with a Cart in clean,
sanitary, working condition. A list of lost or damaged Carts will be provided
to Augusta with the Monthly Report, to include address so Augusta may bill
the appropriate party. The Contractor is responsible for all repairs to Carts.
Only factory or approved parts may be used to repair said Carts. Any
damaged Carts, which are owned by Augusta, that cannot be repaired by the
Contractor shall be retumed to Augusta so they may follow the warranty
process.
7. If a customer discontinues service, the Contractor has two (2) days to collect
the Cart.
8. All Carts physically returned to Augusta shall be clean, sanitary, and in
working condition, unless being returned for damages beyond repair, then the
Cart must be returned clean and sanitary.
Section 150: Suoplvin� Recvcling Bins
1. Augusta will supply the Contractor with Bins for distribution to the Customer.
A bin is a water-tight plastic container that is provided by Augusta, which
30
Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
shall not be less than 65 gallons in capacity, fitted with a sturdy handle, roll
able and a tight fitting lid, for the purpose of collecting Recycling.
2. Bins for new customers shall be delivered within two (2) days of notification
from either the customer or Augusta. Bins will be delivered in a clean and
sanitary condition.
3. The Bins shall be provided with instructions of proper use, including any
customer actions that would void manufacturer's warranties, such as
placement of hot ashes in the Bin causing the Bin to melt, and procedures to
follow to minimize potential fire problems. A pamphlet explaining the dos
and don'ts, program requirements, directions for placement of the Bin, and
notification of the day of the week when the customer will receive collection
will be provided with each Bin.
4. The pamphlet containing the dos and don'ts, program requirements and the
directions for placement shall be supplied by Augusta.
5. No other cans or Bins may be placed into service unless approved by Augusta
or as otherwise noted in the Contract.
6. Should a customer require a replacement Bin due to loss, stolen or damage,
the Contractor has two (2) days to replace the Bin with a Bin in clean,
sanitary, working condition. A list of lost or damaged Bins will be provided
to Augusta with the Monthly Report, to include address, so Augusta may bill
the appropriate party. The Contractor is responsible for all repairs to Bins.
Only factory or approved parts may be used to repair said Bins. Any damaged
Bins that cannot be repaired by the Contractor shall be returned to Augusta so
they may follow the warranty process.
7. If a customer discontinues service, the Contractor has two (2) days to collect
the Bin.
8. All Bins returned to Augusta shall be clean, sanitary, and in working
condition, unless being returned for damages beyond repair, then the Bin must
be retumed clean and sanitary.
Section 152: Cart/Bin Storage
The Contractor shall provide storage space for carts and bins. The Contractor shall
provide enough space to store the equivalent of two and a half percent (2.5%) of the tota.l
number of units serviced for the Collection Area for each type of Cart and Bin offered or
cumulative total thereof.
Examnle
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
Contract Area has 5,000 units, then the Contractor shall store up to 125 garbage Carts and
125 recycling Bins = 250 total cartsBins stored.
Section 154: Minimum Cart/Bin Percentage
The Contractor shall keep a minimum inventory of one half of one percent ('/2%) of each
size Cart and Bin used under with this Contract.
SecNon 156: CartBin Reulacement Cost
Augusta shall have the right to charge the Contractor for the cost of repair or replacement
of Carts and/or Bins which are owned by Augusta, if such repair or replacement is
required as a result of abuse or damage caused by the Contractor. Augusta shall have
additional rights to charge the Contractor for the cost of replacement Carts and/or Bins, if
such replacement is required as a result of fire or theft caused by the Contractor, or
on/from Contractors property.
A list of lost, damaged, destroyed, or stolen CartsBins will be provided to Augusta with
the Monthly Report so Augusta may bill the appropriate party. The Contractor is
responsible for all repairs to CartsBins. Any damaged Bins that cannot be repaired by
the Contractor shall be returned to Augusta.
. Section 158: Delinpuent and Closed Accounts
The Contractor shall discontinue any and/or all collection services at any Unit(s) as set
forth in a written norice sent by Augusta.. Upon further written notification by Augusta,
the Contractor shall resume any and/or all collections on the next regularly scheduled
collecrion day.
Section 160: Program Information
The Contractor shall deliver informational packets and/or door hangers to each service
address up to two (2) times per year at the discretion of Augusta.. The literature for said
information will be generated by Augusta.
C. Manner of Collection
Section 200: Contractor's Resuonsibilities
The Contractor shall be responsible for furnishing all labor, materials, equipment, and
supervision necessary to perform the collection, processing, and other items described in
this Contract.
Section 210: Emnlovee Conduct
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
1. The Contractor is responsible for providing supervision necessary to ensure
that collection employees are courteous, exercise due care, do their work
. without delay, minimize noise, avoid damage to private property, close and
relock all gates and doors that they open, and if on private property, follow the
regular pedestrian walkways and paths, and not cross flower beds, lawns or
through hedges. While collecting, employees shall wear or carry
identification supplied by the Contractor. The identification shall be subject
to approval of Augusta.
2. When Augusta identifies unsatisfactory conduct by an employee and Augusta
notifies the Contractor of such conduct, the Contractor shall take remedial
action. The remedial action shall be appropriate to the level of unsatisfactory
conduct, provided that if Augusta requests of the Contractor that an employee
be suspended from further work on the Contract for unsatisfactory conduct,
the Contractor will permanently remove the employee from further work on
the Contract.
3. The Contractor will notify Augusta of remedial action taken in its monthly
reports.
4. Augusta will cooperate with the Contractor by supplying to the Contractor the
names and contact information, when known, of the complainant as well as
known witnesses.
5. Through the process identified above, Augusta will have the sole right to
require the removal and replacement of such employee(s) by the Contractor
and/or subcontractors. Augusta shall exercise such right by providing written
notice to the Contractor via U.S. Mail, fax or email. Such notice will include
Augusta's reason for the request.
6. The Contractor will replace any personnel who separate from Contractors
employment with equivalently qualified persons. The Contractor will replace
such personnel as soon as reasonably possible, and in any event within thirty
(30) days after the Contractor receives notice that an employee will be
leaving.
7. The term "personnel" shall include all staff provided by the Contractor or its
subcontractors who have worked or perform services under this Contract.
Section 220: Emulovee Uniforms
1. Employees who perform collections or who supervise collection activities
shall wear a uniform. Uniforms shall be of similar type and color for
collections employees. Supervisors shall have some differing uniform
chazacteristic to identify such authority (such as a different color shirt or
nota.rion on their name badge).
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
2. The uniform shirt shall be worn buttoned up within one button of the top
button and tucked into the pants/shorts. The shirts must be kept in a clean
professional manner. Shirts must remain free from rips, holes and stains. T-
Shirts are allowed, so long as they meet all other Contract provisions. Tank
tops and sleeveless shirts are not allowed.
3. The uniform must comply with a minimum standard of the American National
Standards Institute "ANSP' class II requirements for visibility. Should the
Contractor elect a uniform that does not meet this criteria, then a high
visibility alternative (such as a vest) meeting the minimum standard of ANSI
class II shall be worn at all times while collecting and disposing of materials
under this Contract.
4. The uniform pants/shorts shall be worn above the hips and should have a
length not less than one (1) inch above the knees. Pants/shorts must be kept in
a clean professional manner. Pants/5horts must remain free from rips, holes
and stains. All pants/shorts must be hemmed and have a finished look.
5. The uniform outerwear must comply with a minimum standard of ANSI class
II requirements for visibility. Should the Contractor elect outerwear that does
not meet this criteria, then a high visibility alternative (such as a vest) meeting
the minimum standard of ANSI class II shall be worn at all times while
collecting and disposing of materials under this Contract.
6. All uniform shirts and outerwear shall have the company name placed in a
conspicuous place. In addition, supervisors shall have the word "supervisor"
placed in a conspicuous place.
Section 230: S ip llage
1. The Contractor shall pick up any material scattered or spilled during
collection by the Contractor and clean up the area affected within three (3)
hours of notification of the incident. Each truck shall carry equipment (such
as a broom, shovel spill kit, etc) for this purpose.
2. The Contractor shall immediately, or within one (1) hour of notification,
commence clean up of any paint, hydraulic, transmission, or other oil spill, or
commence clean up of any spillage which creates a hazardous condition (such
as spillage involving glass). For any hazardous spill, the Contractor must
notify Augusta. immediately.
3. Failure to comply with these requirements is subject to Section 560
Liquidated Damages.
Section 240: Damage Claims
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
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. 1'he Contractor shall notify Augusta immediately of any damages and/or
damage claims as set forth in the section above, and shall indemnify and hold
harmless Augusta for same. Written notice of any damages and/or damage
claims shall be provided to Augusta within two (2) days, and shall include the
name, address, telephone number, description of incident, witness information
and the descriprion of the remedy. The Contractor shall actively work to
resolve the claim timely, timely shall mean within ten (10) working days after
the Contractor has received notice of damages. Claims shall be resolved
within thirty (30) days. For extenuating circumstances, upon written request
from the Contractor, Augusta at its sole option may extend the above
mentioned time period. If the damage claim is deemed as Contractors
responsibility by law enforcement, their designee, or independent
individuallorganization trained to investigate such items and is not resolved
within the applicable period, Augusta may take any acrion it deems necessary
to make the injured party whole and deduct the same from amounts due the
Contra.ctor.
SecNon 250: Customer Grievances
The Contractor will designate a representative to adjudicate customer grievances. At
Augusta's request, the representarive will join Augusta in meeting with an aggrieved
customer within 24 hours of norification to resolve a complaint about spillage, a refusal
to serve or a missed pick-up and/or other deficiency in service or a need for
handicapped/special service or other specific Contract provisions.
D. Reporting/Information Requirements
Section 300: Renort/Information Snecifications
Throughout the life of this Contract a series of reports and information will be required
by the Contractor. These reports and information are called for throughout the Contract.
Augusta reserves the right to dictate format, style and to the extent possible,
standardization of all reports and information required under this Contract. Augusta may
require reports in hard copy and/or electronic copy for any and all reports. Listed below
is a guide to some of the reports/information included in this Contract. This list may not
be inclusive of the reports or information required by the Contractor under this Contract.
Augusta further reserves the right to alter the reporting requirements from time to time.
1. LSBOP Utilization Reports- (Section 47)
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
2. Spare vehicle utilization —(Section 62)
3. Asset Inventory List (Section 85)
4. Handicapped/Special Needs — as needed (Section 114)
5. Force Majeure Clean-Up — as needed (Section 120)
6. Eviction, Vacant Lot, Special Clean-Up — as needed (Section 122)
7. Disposal and Recycling — as needed (Section 132)
8. Service Disruption — as needed (Section 142)
9. Red tag, not out, etc. — daily (Section 144)
10. Lost and/or Damaged Carts (Section 148 and 150)
11. Employee remedial action —(Section 210)
12. Damage Claims — (Section 240)
13. Service increase/decrease — (Section 410)
14. Equal Employment —(Section 600 and 610)
15. Emergency Plan — (Section 700)
E. Compensation
Section 400: Pavment for Collection Services
1. Augusta shall pay the Contractor monthly for all collection services under this
Contract. Payment shall be based on the number of Units collected that are
receiving Garbage service in the Contract Area.
2. A Unit will be "billable" in the current month if the Unit starts services on the
l through the 14�' day of the month. The Unit will be "billable" the
following month if the Unit starts services on the 15 through the 31 day of
the month.
3. Should a Unit sit vacant/idle, and no service rendered for a full month, then
that Unit shall not be "billable" and should be removed from the Contractors
monthly invoice and service list.
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
4. Augusta shall deduct any assessments due from the payment owed to the
Contractor.
5. Augusta shall add additional moneys owed for additional services provided
for under this Contract.
6. There shall be no contingent fees allowed under this contract.
SecHon 401: Pavment for Third-Partv/Commercial Volume
1.) The Contractor guarantees the disposal of 1375 (one thousand three hundred
and seventy-five) tons of third party or non-contract volume per month to be
disposed at Augusta's Solid Waste Facility.
a.) The Contractor sha11 pay a monthly rate of $27.50 per ton to the
Augusta's Solid Waste Department. (Contractor shall also pay all taxes
and applicable fees.)
b.) The guaranteed monthly volume of 1375 tons shall be calculated as a
monthly average to be based upon the volume disposed of during each
quarter.
Section 410: Pavment Procedure
1. The Contractor shall generate and submit a service lisring of all current
customers, including service address and Cart/Bin numbers, which meets the
definition(s) provided by the Solid Waste Department, which is at least 99%
accurate within thirty (30) days following the effective date of this contract.
2. The Contractor shall maintain its service listing with at least 99% accuracy,
listing any service increases or decreases meeting the above stated
requirements for each month of this contract.
3. The Contractor shall submit a monthly invoice to Augusta within five (5)
business days from the end of the month. The invoice shall be for services
performed in the previous month at a Unit Price for that period of the Contract
as outlined in Exhibits B, C, and D, as well as Section 400 and other
provisions in this Contract.
4. T'he Contractor shall submit a monthly list of all service increases or decreases
to the number of Units as defined by this Contract along with the above stated
invoice. The Contractor is required to supply the da.te the Unit went into
service, the address of the Unit, and any CartBin numbers. 1'he net difference
will either be added to or subtracted from the prior month's final Unit count.
37
Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
5. Augusta shall pay the Contractor within thirty (30) days of receipt of an
undisputed invoice.
6. Payxnent requests shall be accompanied by:
a. Data supporting the payment request to include a Unit list with name,
service address and CartBin number(s) as necessary to substantiate the
Contractors right to remittance of the amounts invoiced.
b. Certification from the Contractor that it has fully and properly performed
all items of the work covered by the payment request, that all insurance
and bonds required are in full force and in effect, and all subcontractors
and suppliers have been paid from previous requests, and that the
Contractor is not in default of any provision of the Contract.
c. Certification from the Contractor that it has fully and properly met all
obligations under the reporting requirements sections of the Contract, and
has done so fully and honestly.
d. Payment for services will not be paid until the above mentioned items
have been received.
7. Should Augusta dispute any portion of the invoice, it shall within thirty (30)
days of receipt of the invoice, provide the Contractor with a deta.iled itemized
list of such objections.
8. Augusta shall have the right to take corrective measures for any defective
pricing. These corrective measures may include, but are not limited to making
necessary revisions to this Contract or providing an addendum to this Contract
to address the issue of defective pricing.
9. The terms of this contract supersede any and all provisions of the Georgia
Prompt Pay Act.
Section 420: Contract Unit Price
See Exhibit B.
Section 430: Wa�e Increases for Emnlovees
All wage increases for collectors or any other employees of the Contractor granted during
the term of this Contract shall be the sole responsibility of the Contractor. Any benefits
or added costs resulting from changes in technology, laws and regulations, labor
practices, availability of equipment, and other foreseeable business risks that may affect
the performance of this Contract shall be the Contractor's advantage or expense
respectively, except noted herein.
38
Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
Section 440: Withholdin� and Pavment of Tax Liens and Judgments
Augusta may withhold and pay to the United States of America or to any federal court, or
the State of Georgia or any state court, the amount claimed in a levy filed by the United
States Intemal Revenue Service or the Georgia State Department of Revenue,
respectively, the amount directed by a writ of garnishment, writ of attachment, or writ of
execution or by an order of a Bankruptcy Court, and/or by any court order, each for
monies claimed from the Contractor. When presenting such an order, Augusta may in its
discretion institute interpleading proceedings. Augusta may make a payment in
conjunction with the interpleaded action to the appropriate court. Payments so made or
deposited into the registry of the court shall be satisfaction of payment due to the
Contractor.
F. Security, Liability, Damages
Section 500: Pavment Bond
1. The Contractor sha11 furnish Augusta a bond with a corporate surety
acceptable to Augusta in the amount equal to twenty five (25%) of the annual
Coniract amount. The bond shall be valid and non-cancelable for a period not
less than one (1) year and the Contractor shall provide a new bond, or
evidence satisfactory to Augusta of the renew ability of the current bond at
least forty five (45) calendar days before it expires.
2. The initial payrnent bond must be in place fifteen (15) days prior to the Start
Date of the Contract.
3. The bond shall be for the use and benefit of Augusta, with a surety company
authorized to do business in the State of Georgia and acceptable to Augusta.
Said bond shall be conditioned that should such Contractor faithfully pay all
laborers, mechanics, subcontractors, material men, and all persons who shall
supply such Contractor or subcontractors with provisions and supplies for the
performance of this Contract, said bond shall be null and void and shall be
further conditioned that any person(s) performing such work or services, said
bond shall conta.in appropriate recitations that it is issued pursuant to this
Contract.
Section 510: Performance Bond
1. The Contractor shall fumish Augusta a bond with a corporate surety
acceptable to Augusta in the amount equal one hundred percent (100%) of the
annual Contract amount. The bond shall be valid and non-cancelable for a
period not less than one (1) year and the Contractor shall provide a new bond,
or evidence satisfactory to Augusta of the renew ability of the current bond at
least forty five (45) calendar days before it expires.
39
Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
2. The initial payment bond must be in place fifteen (15) days prior to the Start
Date of the Contract.
3. The bond shall be for the use and benefit of Augusta, with a surety company
authorized to do business in the State of Georgia and acceptable to Augusta.
Said bond shall be conditioned that should such Contractor faithfully perform
each and every term, condition, and provision of this Contract, said bond shall
be null and void and shall be further conditioned that any person(s)
performing such work or services, said bond shall contain appropriate
recitations that it is issued pursuant to this Contract.
Section 520: Default of Contractor
1. This section is independent, notwithstanding any other provisions of this
Contract. The Contractor may be held in default of the Contract in the event
the Contractor:
a. Fails to perform ninety percent (90%) of the collections required by this
Contract and appears, to Augusta, to have abandoned the work, or to be
unable to resume collections within forty-eight (48) hours.
b. Has failed on any occasion of two (2) consecutive working days, in any
year, or ten (10) days in a calendar year to perform the collections required
by the Contract; except as provided in Section 140.
c. Fails to comply with the terms of Section 600 through 640 upon written
notice by Augusta with 15 days to cure. Said cure period will only apply
to the first offense of similar offenses.
d. Fails to furnish and maintain a Performance and/or Payment Bond per
Section 500 and 510.
e. Fails to furnish and maintain the Insurance requirements per Section 540.
f. Fails to be granted and/or receive prior written approval of a change of
control or other provision as defined in Section 875.
g. Fails to provide LSBOP Utilization Reports as required by Section 47.
h. Repeatedly neglects, fails, or refuses to comply with any of the terms of
the Contract, after having received notice of its obligation to do so.
2. To initiate proceedings under this Section, Augusta shall give notice to the
Contractor and its surety. Within 7 days, Contractor may demand a hearing at
which the Contractor may show cause why it should not be declared in default
40
Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
or why it should be given the opportunity to cure said default. In the event the
Contractor fails to show, to the reasonable satisfaction of Augusta, why the
Contractor should not be declared to be in default of this Contract, Augusta
may make a declaration of default. In evaluating whether to make such a
declaration of default, Augusta shall, in its discretion, consider the severity of
the alleged violations, and the overall performance of the Contractor under the
Contract.
3. In declaring the Contractor to have defaulted on the Contract, Augusta also
may order the Contractor to discontinue further performance of work under
the Contract and transfer the obligation to perform such work from the
Contxactor to the surety on the Contractor's performance bond and take any
other action it deems advisable.
4. Under receipt of a notice that the work has been transferred to the surety
without termination of the Contract, the surety shall take possession of all
materials and equipment described in the most recent inventory submitted to
Augusta pursuant to Section 85 hereof, for the purpose of completing the
work under the Contract, employ, by the Contract or otherwise, any person
and/or all persons needed to perform the work; and provide materials and
equipment required therefore. Such employment shall not relieve the surety
of its obligations under the Contract of bond. If there is a transfer to the
surety, payments shall be made to the surety or its agent for all work
performed under the Contract subsequent to such transfer, in amounts equal to
those that would have been made to the Contractor had it performed in the
manner and to the extent of the surety's performance, and the Contractor sha11
have no claim upon the same.
5. In the event the surety on the Contractor's performance bond fails to assume
or continue performance within two (2) days after its receipt of notice that the
work has been transferred to such surety, the Contractor shall be deemed to
have leased, subleased, or otherwise license Augusta to use all, or whatever
portion is desired by Augusta, of the materials and equipment described on the
most recent inventory submitted to Augusta pursuant to Section 85 hereof, for
collection (and processing) purposes for a period of up to one (1) year
following the date of the declaration of default by Augusta without requiring
Augusta to execute any other document whatsoever to accomplish such lease,
sublease, or license and without requiring Augusta to post any bond, pledge,
deposit or other security for such equipment and materials, but upon the
condition that Augusta pay for the equigment and materials actually used for
such collection a market rental that is no greater than (i) the monthly lease, in
the event such property is leased by the Contractor, (ii) the periodic
installment, in the event such property is being acquired under a purchase
Contract, (iii) the periodic financing interest and principal, in the event such
property is being acquired under a purchase Contract, or (iv) the financing
arrangement; provided, that under no circumstances shall Augusta be liable
41
Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
during its use of such property for any arreazages, balloon payment, accrued
interest, accelerated charges in the event of a default, or other extraordinary
payment; nor shall the satisfaction thereof be a condition of Augusta's interim
use of such property; provided, further, that such lease, sub-lease, or license
shall be suspended the date the surety on the Contractor's bond or its agent
accepts the ha,nsfer of work under the Contract.
6. In the event Augusta. secures the performance of work under the Contract at a
lesser cost than would have been payable to the Contractor had the Contractor
performed the same, then Augusta shall retain such difference; but in the
event such cost to Augusta is greater, the Contractor and its surety shall be
liable for and pay the amount of such excess to Augusta.
7. All paytnents due the Contractor at the time of default, less amounts due
Augusta from the Contractor, shall be applied by Augusta against damages
suffered and expense incurred by Augusta to reason of such default, any
excess shall be paid to the Contractor unless otherwise provided herein.
8. Notwithstanding the provisions of this Section, a delay or interruption in the
performance of all or any part of the Contract resulting from causes beyond
the Contractor's control, as defined in section 880, shall not be deemed to be a
default and the rights and remedies of Augusta provided for herein shall be
inapplicable; provided that all labor disputes as defined in section 880 hereof
shall not be considered a cause beyond the Contractor's control as defined in
section 880.
Section 530: Commitment of EquiAment
1. Unless a replacement or substitute is provided, a11 vehicles, facilities,
equipment and property identified in the Contractor's inventory under Section
85 for use in the performance of this Contract (called "such property") shall
be available for use in collecting Garbage, Yard Waste, Recycling, and Bulky
Waste. When provided, this Section applies to the replacement and substitute.
2. For the duration of this Contract, any document (including a lease to or by the
Contractor, fina.ncing Contract, acquisition over time, mortgage, or other
instrument establishing a security interest) that encumbers or limits the
Contractor's interest in such property shall:
a. Allow the surety on the Contractor's performance bond to take over the
Contractor's obligations and to continue the use of the equipment in
service for performance of the Contract;
b. Allow Augusta to take over the Contractor's obligations and to continue
the use of the equipment in service for performance of the Contract;
42
Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
c. Exempt Augusta from liability during its usage of such property for
arrearages, balloon payments, accrued interest, accelerated charges on
account of a default, or other extraordinary paytnents, and not make
satisfaction thereof a condition of Augusta's interim usage; and
d. Forbear a.ny foreclosure, trustee's sale or other dispossession of the
Contractor's interest in such property without giving both Augusta and
surety on the Contractor's performance bond sixty (60) days prior notice,
and then make any termination of the Contractor's interest in such
property pursuant to such action or the enforcement thereof subject to the
requirement of Subsections 1, 2, and 3 of this section.
3. To assure compliance with this Section, the Contractor shall submit to
Augusta for review and approval or disapproval prior to execution all
contracts, leases, or other documents for acquisition of, or encumbering or
limiting the Contractor's interest in, such property or for replacements thereof
and any proposed agreement that would encumber or transfer any interest of
the Contractor in such property before the Contractor's execution of such
agreement. Augusta's approval shall not be unreasonably withheld.
Section 540: Insurance
1. Contractor shall at all times during the term of this Contract, obtain and
maintain continuously, at its own expense, and file with Augusta evidence of a
policy or policies of insurance as enumerated below, which name Augusta as
an additional insured:
2. A policy of Commercial General Liability Insurance, written on an insurance
industry standard occurrence form, including the following coverage's:
a. Premises/Operations Liability
b. Products/Completed Operations Liability
c. PersonaUAdvertising Injury
d. Contractual Liability
e. Independent Contractors Liability
f. Stop GapBmployers Contingent Liability
g. Explosion, Collapse, or Underground (XCU)
h. Fire Damage
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
3. Such Policy(ies) must provide the following minimum limits:
a. Bodily Injury and Property Damage
b. $2,000,000 General Aggregate
c. $2,000,000 Products & Complete Operations Aggregate
d. $1,000,000 Personal & Advertising Injury
e. $250,000 Fire Damage
4. Stop Gap Employers Liability:
a. $1,000,000 Each Accident
b. $1,000,000 Disease — Policy Limit
c. $1,000,000 Disease — Each Employee
5. A policy of Business Automobile Liability including coverage for owned,
non-owned, leased or hired vehicles written on an insurance industry standard
form or equivalent.
Such policy(ies) must provide the following minimum limit:
a. Bodily Injtuy and Property Damage
b. $1,000,000 Per Person
c. $2,000,000 Per Occurrence
6. A policy of Workers Compensation Insurance. With respects to Workers
Compensation insurance in the Sta.te of Georgia, the Contractor shall secure
its liability for industrial injury to its employees in accordance with the
provisions of § 34-9-1 et seq, Official Code of Geor�ia Annotated.
Such policy must provide the following minimum limits:
a. Statutory coverage for injuries and occupational disease.
b. $1,000,000 Employer's Liability.
7. Any deductible or self-insured retention must be disclosed and is subject to
approval by Augusta. The cost of any claim payments falling within the
deductible shall be the responsibility of the Contractor.
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
8. If any such policy is written on a"Claims Made" form, the retroactive date
shall be prior to or coincident with the Start Date of this Contract. The policy
shall state the coverage is "Claims Made", and state the retroactive date.
Claims made from coverage shall be maintained by Contractor for a minimum
of two years following the expiration or earlier termination of this Contract, .
and Contractor shall annually provide Augusta with proof of renewal. If
renewal of the claims made form of coverage becomes unavailable, or
economically prohibitive, Contractor shall purchase an extended reporting
period ("tail") or execute another form of guarantee acceptable to Augusta. to
assure financial responsibility for liability for services performed.
a. Additional Insured and Pritnary Insurance Provisions:
Such insurance, as provided under items (1), and (2) above, shall be
endorsed to include Augusta, its officers, elected officials, employees,
agents, and volunteers as additional insured, and shall not be reduced or
canceled without forty-five (45) days prior written notice to Augusta. In
addition, Contractor's insurance shall be primary and any other insurance
maintained by Augusta. shall be excess and not contributing insurance with
the Contractors insurance.
b. Evidence of Insurance: The following documents must be provided as
evidence of insurance coverage:
i. A copy of the policies declazations pages, showing the insuring
company, policy effective dates, limits of liability and the schedule of
forms and endorsements.
ii. A copy of the endorsement naming Augusta as an additional insured
showing the policy number and signed by an authorized representative
of the insurance company for business auto liability and for the
commercial general liability policy a form CG 2010 (ISO) or
equivalent.
iii. A copy of the "Endorsement Form List" to the policy or policies
showing endorsements issued on the policy, and including any
company-specific or manuscript endorsements.
iv. A copy of an endorsement stating that the coverage's provided by this
policy to Augusta or any other named insured shall not be terminated,
reduced or otherwise materially changed without providing at least
forty-five (45) days prior written notice to Augusta.
v. A copy of a"Separation of Insured" or "Severability of InteresY'
clause indication essentially that — except with respect to the limits of
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
insurance and any rights or duties specifically assigned to the first
named insured and separately to each insured against whom claim is
made or suit is brought (Commercial General Liability and Business
Automobile Liability Insurance).
c. Policy Rating: All policies shall be subject to approval by Augusta as to
company (must be rated A-:VII or higher in the A.M. BesYs Key Rating
Guide and licensed to do business in the State of Georgia or issued as a
surplus line by a Georgia Surplus lines broker), form and coverage, and
primary to all other insurance
d. Self Insurance: Should Contractor be self insured, under item (1), (2) and
(3) above, a letter from a Corporate Officer stipulating if actuarially funds
and fund limits; plus any excess declaration pages to meet the Contract
requirements. Further, this letter should advise how Contractor would
protect and defend Augusta as an Additional Insured in their Self-Insured
layer, and include claims handling directions in the event of a claim.
e. Subcontractors: Contractor shall include all subcontractors as insured
under its policies or shall furnish separate evidence of insurance as stated
above for each subcontractor. All coverage's for subcontractors shall be
subject to all the requirements stated herein and applicable to their
profession.
9. Failure of the Contractor to furnish and maintain said Insurance requirements
shall be considered a material default of this Contract.
Section 550: Indemnitv
The Contractor(s) shall defend, indemnify and save harmless Augusta and Augusta's
officers, employees and agents from any and every claim and risk, and from all losses,
damages, demands, suits, judgments and attorney fees, and other expenses of any kind
(collecrively "losses") arising out of this Contract or the performance thereof; including
but not limited to any personal injury, or death of any and all persons (including but not
limited to the Contractor, its agents, employees, subcontractors and their successors and
assignees, as well as Augusta or Augusta's agents and all third parties); and including
any property damage of any kind, whether tangible or intangible, including loss of use
resulting there from, in connection with or related to the negligent or willful act(s) or
omissions of the Contractor of its subcontractor which were caused in whole or in part by
the Contractor or its subcontractor while perfomung work under this Contract, or in
connection with or related to (in whole or in part by reason o� the presence of the
Contractor or its subcontractors or their property, employees or agents, upon or in
proximity to the property of Augusta or any other property (upon which the Contractor is
performing any work called for), except only those losses resulting solely from the
negligence of Augusta.
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
Section 560: Liquidated Damages — Reasonable nre-estimate of Owners Dama�es
1. Augusta is committed to delivering quality solid waste disposal services to its
citizens and maintaining clean streets and public areas. This Section
establishes damages for failure to meet performance standards hereinafter set
forth. This Section is independent of Section 511 — Default of Contractor.
Augusta and Contractor expressly agree that the potential hann or injury to
Augusta caused by the following incidents of substandard performance are
difficult or impossible to accurately estimate. Augusta and Contractor
sripulate that the following damages are a reasonable pre-estimate of the
probable loss to Augusta and the public. The parties agree that these
provisions for liquidated damages are not intended to operate as penalties for
breach of Contract.
2. This Section is independent of Section 520 - Default of Contractor. The
amounts agreed to herein for each act or omission are Liquidated Damages.
Liquidated Damages may be set-off and deducted from the monthly payment
to the Contractor.
3. This section will be effective on and after February 1, 2006.
a. Performance
Standard .
(Omission): Not placing CartsBins back in their original locations in a
neat and orderly manner, CartsBins upright, and
thoroughly emptied. (Section 114)
Damage: $25 per incident
b. Performance
Standard
(Omission): Commencement or completion of collections outside of
contract specifications except as expressly pernutted
herein. (Section 126)
Damage: $100 per incident (each truck is a separate incident plus
starting early and ending late will be considered two
events)
c. Performance
Standard
(Omission): Failure to collect spillage. (Section 230)
Damage: $100 per incident per day (each Unit represents a sepaxate
incident)
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
d. Performance
Standard
(Omission): Failure to collect missed Garbage, Yard Waste, Recycling
or Bulky Waste pursuant to this Contract. (Section 144)
Damage: $25 per incident to a maximum of $500 per truck per day
for each type of collecrion (Garbage, Yard Waste, etc.)
e. Performance
Standard
(Omission): Failure to deliver or replace CartsBins as specified in the
Contract. (Sections 148 and 150.)
Damage: $25 per CartsBins per day.
f. Performance
Standard
(Omission): Failure to start the Contract on the Start Date.
Damage: $5,000 per day.
g. Performance
Standard
(Omission): Mixing of Contract waste with non-contract waste. (Section
60)
Damage: $5,000 per event
h. Performance
Standard
(Omission): Intentional disposal of Yard Waste and/or Recycling
Materials placed in a collection vehicle collecting Garbage.
Damage: $100 per incident per day (each Unit represents a separate
incident) (Section 104)
4. The liquidated damages set forth above are not intended to compensate
Augusta for any damages other than inconvenience and loss of use or delay in
services. The existence or recovery of such liquidated damages shall not
preclude Augusta from recovering other damages in addition to the payments
made hereunder which Augusta. can document as being attributable to the
above referenced failures. In addition to other costs that may be recouped,
Augusta may include costs of personnel and assets used to coordinate, inspect,
and re-inspect items within this Contract as well as attorney fees if applicable.
G. Equal Opportunity/Non-Discrimination, Drug Free Work Place
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
Section 600: Equal Emnlovment Ouportunitv
1. The Contractor shall not discriminate against any employee or applicant for
employment because of race, religion, creed, color, sex, marital status, sexual
orientation, political ideology, ancestry, national origin, or the presence of any
sensory, mental, or physical handicap, unless based upon a bonafide
occupational qualification. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment, without regard to their of race, religion, creed, color, sex, marital
status, sexual orientation, political ideology, ancestry, national origin, or the
presence of any sensory, mental, or physical handicap. Such acrion shall
include, but not be limited to the following: employment, upgrading,
promotion, demotion, transfer, recruitrnent or recruitrnent advertising, layoff
or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices are provided, setting forth the provisions of this non-discrimination
clause.
2. The Contractor agrees that it will inform Augusta of any alleged violation(s)
of employment practices involving any employees who work under this
Contract which are asserted in any claims filed with the Equal Employment
Opportunity Commission, Labor Department, or any other federal or state
compliance agency within ten (10) days of becoming aware of said claim.
The Contractor will also inform Augusta of the final disposition of such cases
within ten (10) days of becoming aware of the final disposition.
Section 610: Equal Emplovment Onnortunitv — ImAlementation
Augusta, Georgia does not have a race or gender conscious Disadvantaged Business
Enterprise (DBE) program for projects having Augusta, Georgia as the source of funding.
Augusta does enforce mandatory DBE requirements of federal and sta.te agencies on
contracts funded by such agencies and has a DBE Program to comply with U.S.
Department of Transportation (DOT), Federal Transit Administration (FTA), Federa.l
Aviation Administration (FAA), and other federal and state mandated DBE requirements
for certain DOT, FTA, FAA, and other federal and state assisted contracts as required by
49 C.F.R. Part 26, et. seq. and/or 49 C.F.R. Part 23, et. seq. This DBE program is only
for DOT, FTA and FAA assisted contracts and other federal or state funded contracts
having mandatory DBE requirements. (See Article 13 of the Augusta, GA Code.)
Augusta, Georgia prohibits any language in any solicitation, bid or contract that is
inconsistent with the July 21, 2011 Court Order in the case, Thompson Wrecking, Inc. v.
Augusta, Georgia, civil action No. 1:07-CV-019. Any such language appearing in any
Augusta, Georgia solicitation, bid or contract is void and unenforceable.
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Solid Waste Collections Contract — Augusta. Disposal — ADR — Month-to-Month
A copy of this order can be reviewed at www.au��a.gov home page.
Section 640: Non-Discriminatorv Service
The Contractor will not discriminate against any customer or Augusta resident in the
provision of service or quality of service on account of race, religion, creed, color, sex,
marital status, sexual orientarion, political ideology, ancestry, national origin, or the
presence of any sensory, mental, or physical handicap, unless based upon a bona fide
qualification to or for service. The Contractor shall provide the same good quality
service throughout the Collection Area without regard to racial, ethnic, or cultural
chazacteristics or relative standard of living of the neighborhood.
Section 650: Drug —Free Workulace
l. Augusta is a drug-free workplace employer. The Contractor hereby certifies
that it has or it will within thirty (30) days prior to the Start Date of the
Contract:
2. Notify employees that the unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance is prohibited in the workplace and
specifying acrions that will be taken for violations of such prohibirion;
3. Establish a drug-free awareness program to inform employees about (i) the
dangers of drug abuse in the workplace, (ii) the Contractor's policy of
maintaining a drug-free workplace, (iii) any available drug counseling,
rehabilitation, and employee assistance programs, and (iv) the penalties that
may be imposed upon employees for drug abuse violations;
4. Notify each employee that as a condition of employment, the employee will
(i) abide by the terms of the prohibition outlined above, and (ii) notify the
Contractor of any criminal drug statute conviction for a violation occurring in
the workplace not later that five (5) days after such conviction;
5. Impose a sanction on, or requiring the satisfactory participation in a drug
counseling, rehabilitation or abuse program by, an employee convicted of a
drug crime;
6. Make a good faith effort to continue to maintain a drug-free workplace for
employees; and require any party to which it subcontracts any portion of the
work under the Contract to comply with the above provisions.
7. A false certification or the failure to comply with the above drug-free
workplace requirements during the performance of the Contract shall be
grounds for suspension, termination or debarment.
8. The foregoing provisions will be inserted in a11 subcontracts for work covered
by this Contract.
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
H. Operations Plan, Emergency Plan
Section 700: Onerations Plan
1. After the Contract has been awarded and no less than ninety (90) days prior to
the Start Date, the Contractor shall prepare a.nd submit to Augusta a
comprehensive and detailed Operations Plan, which describes in detail all
tasks, procedures and resources associated with the transirion from Augusta's
current Contract for Garbage, Yard Waste, Recycling and Bulky Waste
collection to the awazdees of this Contract. The Operations Plan, once
approved by Augusta, will become a part of this Contract.
2. The Operations Plan shall spell out in detail all costs, steps, tasks, activities,
events, procedures and resources necessary for the Contractor to provide for a
smooth and efficient transition from Augusta's current service providers to the
Contractor awardees, with minimum disruption to Augusta'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 Augusta's input in developing
the Operations Plan, and the Operations Plan shall not be deemed final until
accepted in writing by Augusta.
3. The Operations Plan shall be maintained by the Contractor, and shall be
updated and submitted to Augusta on a weekly basis throughout the
implementation phase to reflect the current status of all work. Aside from
updates to show tasks accomplished, no changes to the Operations Plan shall
be made without the prior written approval of Augusta.
4. Augusta shall have the right to audit, on its own behalf or through agents, the
Operarions Plan and the progress of all work throughout the implementation.
Augusta or its agents shall be entitled to conduct audits as it sees fit.
5. The Contractor will adhere to the schedule set forth in Operations Plan
regarding the transition and implementation of its Garbage, Yard Waste,
Recycling, and Bulky Waste. There shall be no extensions of the time periods
or completion dates set forth in the Operations Plan without Augusta's written
consent.
6. When stating days in the Operations Plan, it is to be based on Calendar Days.
7. Throughout the implementation phase weekly reports will be made to Augusta
regarding the progress of the transition.
8. Samples of items to include in the operarions plan would be;
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
a. Acquiring assets, preparing assets for collection, scheduling asset
inspections, etc.
b. Asset Inspections.
c. Developing asset inventory lists.
d. Setting up contractors offices.
e. Ensuring disposal stickers are purchased, and placed on vehicles.
f. Setting up routes, and creating service maps.
g. Procedures for notifying customers of new collection days.
h. Procedures for orientation of collection and CartBin delivery personnel
including route coordination/cooperation with Augusta staff.
i. Identifying handicapped/special needs customers.
j. Procedures for transmitting information to and from Augusta and the
Contractor
k. Procedures for applying, appealing and reversing liquidated damages.
1. Standards for electronic transfer of information.
m. Acquisition of bonds and insurance.
n. Developing an emergency plan.
Section 710: Emergencv Plan
1. At least thirty (30) days prior to the Start Date, the Contractor shall submit an
Emergency Plan to Augusta which sha11 detail those actions which the
Contractor will take to deal with emergency situations such as extreme cold
temperatures, snow/ice, fire, or natural disaster which would require a
deviation from normal operating procedures.
2. The Emergency Plan shall also include emergency phone numbers of the
Contractor, and for key contact persons, such that a responsible conta.ct person
is available to Augusta at all times. The Emergency Plan must also include
customer notification procedures.
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
3. Upon submission of the Emergency Plan to Augusta, Augusta shall approve or
reject the Emergency Plan. If the Emergency Plan is rejected, the Contractor
and Augusta will begin negotiations to develop a mutually agreeable
Emergency Plan prior to the Start Date of the Contract.
4. The emergency plan shall be updated annually in the month of January.
Additional updates are required when items in the plan change or need
updated.
I. Ancillary Provisions '
Section 800: Assignment of Pledge of Monies bv the Contractor
The Contractor shall not assign or pledge any of the monies due under this Contract
without securing the written approval of the surety on the performance bond as well as
the payment bond and providing at least thiriy (30) days prior written notice to Augusta
of such assignments or pledge together with a copy of the surety's approval(s) thereof.
Such assignments or pledge, however, shall not release the Contractor or its sureries from
any obligations or liabilities arising under or because of this Contract.
Section 805: Assi�nment. Subcontracting. DeleEation of Duties
1. The Contractor may not sub-Contract more than 50% of the total amount of
collections and total work under this Contract without the prior written
approval of Augusta. Augusta's decision shall be final and binding.
2. Except for the subcontracting identified in the Contractor's proposal, the
Contractor shall not assign or subcontract or transfer any of the work or
delegate any of its duties under the Contract without the prior written approval
of Augusta, which approval may be withheld in Augusta's sole discrerion.
Notwithstanding the foregoing, Augusta's approval shall not unreasonably be
withheld if the Contractor proposes to assign or transfer this Contract to an
affiliate of the Contractor or to Contractors parent corporation, provided that
Contractor can establish to the reasonable satisfaction of Augusta that (i) the
assignee or transferee will operate the Contract in substanrially the same
manner as the Contractor, will use substantially the same management and
collection personnel as Contractor, and possesses substantially the same
financial capabilities as Contractor and (ii) the assignee or transferee is not
affiliated in any way with the company that has a Contract for residenrial
collection with Augusta for the portion of Augusta outside the Contractor
Collection Area.
3. In the event of an assignment, subcontract, or delegation of duties, the
Contractor shall remain responsible for the full and faithful performance of
the Contract and the assignee, subconiractor, other obligor shall also become
responsible to Augusta for the satisfactory performance of the work assumed.
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
Augusta. may condition its approval upon the delivery by the assignee,
subcontractor or other obligor of its covenant to Augusta to fully and
faithfully complete the work or responsibility undertaken.
4. During the term of this Contract, the Contractor shall not have an ownership
interest in any other company that has a Contract for residential collection
with Augusta.
5. Should a Contractor sub-contract work under this contract, a sub-contract
contract/agreement shall be generated in writing. This agreement shall at a
minimum include the area to be serviced, the price that the sub-contractor
shall be paid, and the required sections under this contract that flow through to
a sub-contractor. A copy of said agreement(s) shall be provided to Augusta
within fourteen (14) days of execution.
Section 810: Audit and Insnections
1. During the term of the Contract and for a period of one (1) year after the
termination or expiration of the Contract for any reason, Augusta shall have
the right to audit, either itself or through an agent, the books and records
(including but not limited to technical records) of the Contractor to ensure the
Contractor's compliance with all the terms and conditions of the Contract.
2. During the term of the Contract, Augusta shall have the right to inspect any
item deemed necessary to ensure that Contract provisions are/were being met.
This can include, but is not limited to; site visits to the office or other
locations used under this Contract, disposal locations, field, shop inspections
or equipment, etc.
3. During and after the term of this contract, Contractor agrees to provide
Augusta with any information required to evaluate the effectiveness of
Augusta's LSBOP.
Section 815: Contractor Will Not Sell or Disclose Data
The Contractor will treat as confidential information, all data in connection with the
Contract. Augusta data processed by the Contractor shall remain the exclusive property
of Augusta. The Contractor will not reproduce, copy, duplicate, disclose or in any way
treat the data supplied by Augusta in any manner except as contemplated by this
Contract.
Section 820: No Publicitv
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
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
Augusta. The Contractor, its agents or representaxives shall not reference this Contract or
Augusta in any manner without the prior written consent of Augusta.
Section 825: Contract Rights
1. Rights under this Contract are cumulative, and in addition to rights existing at
common law.
2. Payment by Augusta and performance by the Contractor do not waive their
Contract rights.
3. Failure by either party on any occasion to exercise a Contract right shall not
forfeit 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.
4. Augusta, Georgia shall have the unilateral right to order in writing a
temporary stopping of the work, or delaying performance so long as it does
not alter the scope of this Contract.
5. Augusta, Georgia has the right to terminate this contract in whole or in part
for its convenience.
SecNon 830: Ouen Records Act
Contractor acknowledges that Augusta records including this Contract are subject to
Georgia's Open Records Act:
Section 835: Interpretation
1. This Contract shall be interpreted as a whole and to carry out its purpose. This
Contract is an integrated document and contains all the promises of the
parties; no earlier oral understandings modify its provisions.
2. Captions are for convenient reference only. A caption does not limit the scope
or add commentary to the text.
Section 840: Law; Venue
The laws of the State of Georgia shall govern the validity, construction and effect of this
Contract. The venue for any claims, litigation or causes of action between the parties
shall be in the Superior Court of the Richmond County, Georgia.
5ection 845: DiscreHonarv Waiver of Right to a Jurv Trial
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
The Contractor and Augusta may waive all rights to have a trial by jury in any action,
proceeding, claim, or counterclaim brought by either of them against the other on any
matter whatsoever arising out of or in any way related to or connected with the Contract.
Section 850: S�ecific Performance and Iniunctive Relief
The Contractor agrees that the services are critical to Augusta's operation and that
monetary damages are not an adequate remedy for the Contractors failure to provide
services as required by the Contract, nor could damages be the equivalent of the
performance of such obligarion. 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
Augusta to injunctive relief.
SecNon 855: Notices
1. All official notices or approvals shall be in writing. Unless otherwise
directed, notices shall be delivered by messenger, by certified or registered
mail, return receipt requested, or by fax to the parties at the following
respective addresses:
To Augusta: To the Contractor:
Augusta Solid Waste Departrnent
Assistant Director Contract Manager
4330 Deans Bridge Road P.O. Box 334
Blythe, GA. 30805 Evans, GA. 30809
(706) 592-9634 Phone (706) 860-2208 Phone
(706) 592-1658 Fax (706) �i�1:�'� Fax
2. Either parry may from time to time designate a new address for notices.
Unless a return receipt or other document establishes otherwise, a notice sent
by U.S. Mail shall be presumed to be received the third business day after its
mailing.
Section 860: Severabilitv
Should any term, provision, condition, or other portion of this Contract or its applicarion
be held to be inoperative, invalid, or unenforceable, and the remainder of the Contract
still fulfills its purposes, the remainder of this Contract or its application in other
circumstances shall not be affected thereby and shall continue in force and effect.
Section 865: Interest of the Parties
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
The Contractor covenants that its officers, employees and shareholders have no interest
and shall not acquire any interest, direct or indirect, which would conflict in any manner
of degree with the performance of services required under the Contract.
Section 870: No Briberv
The Contractor certifies that neither it, any of its affiliates or subcontractors, nor any
employees of any of the forgoing has bribed or attempted to bribe an officer or employee
of Augusta in connection with the Contract.
Section 875: Chan�e in Control — Legal Counsel
1. In the event of a change in "Control" of the Contractor (as defined below),
Augusta shall terminate the Contract for default unless Augusta has granted
prior written approval. Such approval shall be at the sole discretion of
Augusta. Any approval by Augusta for transfer of ownership or control shall
be contingent upon the perspective controlling parly becoming a signatory to
the Contract and otherwise complying with the terms of the Contract. The
Contractor shall notify Augusta within ten (10) days after it becomes aware
that a change in Control will occur. As used in the Contract, the term
"Control" shall mean the possession, direct or indirect of either;
a. The ownership of or ability to direct the voting of, as the case may be fifty
one (51 %) or more of the equiry interest, value or voting power of the
Contractor; or
b. The power to direct or cause the direcrion of the management and policies
of the Contractor whether through the ownership of voting securities, by
Contract or otherwise.
Section 880: Force Maieure
1. The Contractor shall not be liable for any failure or delay in the performance
of its obligations pursuant to this Contract (and such failure or delay shall not
be deemed a default of this Contract or grounds for termination hereunder if
all of the following conditions aze sarisfied:
a. If such failure or delay
i. could not have been prevented by reasonable precaution, and
ii. cannot reasonably be circumvented by the non-performing party
through the use of alternate sources, work around plans, or other
means, and
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Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
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 revolurions, or court
order.
2. Upon the occurrence of an event which satisfies all of the conditions set forth
above, the Contractor shall be excused from any further performance of those
obligations pursuant to this Contract affected by the Force Majeure for as long
as;
a. Such Force Majeure event continues and,
b. The Contractor continues to use commercially reasonable efforts to
recommence performance whenever and to whatever extent possible
without delay.
3. Upon the occurrence of a Force Majeure event, the Contractor shall
immediately notify Augusta by telephone and confirmed in writing within two
(2) days of the occurrence of a Force Majeure and shall describe in reasonab�e
detail the nature of the Force Majeure. If any Force Majeure prevents the
Contractor from performing its obligarions for more than five (5) days,
Augusta may terminate this Contract.
4. Strikes, slow-downs, walkouts, lockouts and individual disputes are not
excused under this provision.
Section 885: Disuute Resolution
1. In the event of a dispute arising under this Contract, the parties shall continue
performance of their respecrive obligations under this Contract and sha11
attempt to resolve such dispute in a cooperative ma.nner. If the parties are
unable to resolve the dispute, then, in addition to and without waiving any
rights and remedies under this Contract or under civil or common law, the
parties may voluntarily agree to arbitration pursuant to the terms of this
section.
2. Within fifteen (15) days after agreement to arbitration has been reached, each
party shall submit the name of its own arbitrator, selected from a panel of
persons qualified by the American Arbitration Association and the two
azbitrators shall select a third azbitrator from such panel within fifteen (15)
days thereafter, or in case of a disagreement concerning the appointment of
the third arbitrator, the third arbitrator shall be appointed from such panel by a
presiding judge of Richmond County Superior Court. During such time that
the arbitrators are being selected or appointed, the parties shall continue to
negotiate in good faith to resolve their dispute in a cooperative manner.
58
Solid Waste Collections Contract — Augusta. Disposal — ADR — Month-to-Month
3. The arbitrators shall apply applicable provisions of Georgia law in reaching
their determination. The determination by the arbitrators shall be final and
binding on the parties, and any judgment upon the awazd rendered pursuant to
such arbitration may be entered in any court having jurisdiction thereof.
Augusta and Contractor shall use their best efforts to conclude all arbitration
proceedings involving fee and rate adjustment disputes within thirty (30) days
following the commencement of such arbitration proceedings. Any arbitration
determination granting an increase in fees or rates may include an award of
interest at the statutory rate until the date the increase becomes effective.
4. The arbitrators shall have the authority, but shall not be required, to award to
the prevailing party in the arbitration proceedings reasonable attorneys fees,
expert and non-expert witness costs and expenses, and all other reasonable
costs and expenses incurred directly or indirectly in connection with the
proceedings provided, however, the costs of the arbitrators shall be shared
equally by the parties.
Section 890: Contractor Acknowled�ement
"Contractor acknowledges that this contract and any changes to it by amendment,
modification, change order or other similar document may have required or may require the
[egislative authorization of the Board of Commissioners and approval of the Mayor. Under
Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability
to assume contractual obligations and the consequences of Contractor's provision of goods or
services to Augusta, Georgia under an unauthorized contract, amendment, modification,
change order or other similar document, including the possibility that the Contractor may be
precluded from recovering payment for such unauthorized goods or services. Accordingly,
Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract
that has not received proper degislative authorization or ij the Contractor provides goods or
services to Augusta, Georgia in excess of the any contractually authorized goods or services, as
required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment
for any utrauthorized goods or services provided by Contractor. Contractor assumes all risk of
non payment for the provision of any unauthorized goods or services to Augusta, Georgiu, and
it waives all claims to payinent or to other remedies for the provision of any unauthorized
goods or services to Augusta, Georgia, however characterized, including, without limitation, all
remedies at law or equity. "
SIGNATURES ON FOLLOWING PAGE
59
Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
�� Augusta, Georgia
P ��� �� ,
��� �� �� �
By: P � �
As its Mayor
.A,.�:'°a���.��
Attest��,�� a�-� � �'������
�`'��,�.n�(e�=�.:aovo p� CGG�%�,i
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G � � ��,;; r�, ;o/
, � �� �ry =_ • s
r � � �.�...V�...��� Q
� ;' �The fo��going C��t is hereby executed by the below-listed parties:
� � �a � �.• ,�r
� ��
� ' f�CiOE � �� !
����.�`�� :t.; � E. �.� � Contract • .l'.z . � lS�D� � CC��,� /6��
"��..��,.t a
By:
As its: (�/,d/1/��
to and ubscribed before me thi�� day of
� ,
,
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Nota •y ic
' ion Expi
60
Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
Egample From Section 146
Assumations
1. Cart rental rate in Exhibit B=$2.00
2. Augusta elects to replace 250 carts.
3. Carts were received by the contractor on the 1 S�' of the month.
Calculations
Proration Amount
1. ($2.00/31) _$.0645 (cents per day per cart)
2. ($.0645* 15) _$.9675 (prorated amount per cart based on date received)
3. ($.9675*250) _$241.88 (amount owed based on prorated amount and the
number of carts)
I�lementation Amount
1. ($.0645*14) _$.903 (prorated amount multiplied by allowed implementation
days)
2. ($.903 *250) _$225.75 (amount owed based on 14 days implementation
multiplied by 250 carts)
Total owed to Contractor
$241.88 for prorated amount plus $225.75 for implementation period =$467.63
5. Augusta may ship the Contractor Carts which are assembled, unassembled, in
single, limited, or truckload quantity.
6. All cost(s) associated with assembly and delivery of said carts shall be that of
the Contractor.
61
Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
Exhibit A: Collection Area(s)
�
s,
�,,
t' : :
a :
�';
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;t
#
� Augt�sta Dispos�l !�'= Waste �Ia�nagement
Adv�n.ced Ir�land �ervices
62
9olid W�vt� C<rlY�ctinn� Concrect w A.ugus� Dlspc>eal - AUR -� lVtoatl►-to-Moath
]�xh„�,W„t 3�s �te T�tbtc
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Ysrd i�asie ,7f, �.�
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Bulk W��ttr 0.95 ; �, ��'�
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��
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� �artw � Gnit�don r �at4i�onal cart aervic�d ,�•�. �
Fattra Fte�G Gin GolleGiEon er eddi�onai cari serv(�ed D.� �}Y L`
63
__ _
Solid Waste Collections Contract - Augusta Disposal - ADR - Month-to-Month
Ezhibit C: Force Maieure Rate Table
Rate Rate Per
10 Yard Roll Off $125.00 Pull
20 Yard Roll Off $125.00 Pull
30 Yard Roll Off $150.00 Pull
40 Yard Roll Off $0.00 Pull
Repular Time Rate Overtime Rate Rate Per
15-24 Yard Rear Load (Driver and Helper) $100.00 $117.50 Hour
25 Yard or Larger Rear Load (Driver and Helper) $115.00 $135.00 Hour
15-24 Yard Side Load (Driver) N/B $0.00 Hour
25 Yard or Larger Side Load (Driver) N/B $0.00 Hour
25 Yard or Larger Front Load (Driver and wo�ic can) N/B $0.00 Hour
Additional Laborer (per person as requested) $15.00 $22.50 Hour
Additional Senrices Offered bv Contractor Reqular Time Rate Overtime Rate Rate Per
1 Skid Loader /Bob Cat $95.00 $125.00 Hour
2 $0.00 $0.00
3 $0.00 $0.00
4 $0.00 $0.00
5 $0.00 $0.00
s $0.00 $0.00
� 7 $0.00 $0.00
8 $0.00 $0.00
9 $0.00 $0.00
10 $0.00 $0.00
64
Solid Waste Collections Contract — Augusta Disposal — ADR — Month-to-Month
Exhibit D: Eviction. Vacant Lo� Special Clean-up
Rate Rate Per
10 Yard Roll Off $125.00 Pull
20 Yard Roll Off $125.00 Pull
30 Yard Roll Off $150.00 Pull
40 Yard Roll Off N/B Pull
Reaular Time Rate Overtime Rate Rate Per
Rear Load (Driver) $85.00 $95.00 Hour
Side Load (Driver) N/B $0.00 Hour
Front Load (Driver and work can) N/B $0.00 Hour
Additional Laborer (per person as requested) $15.00 $22.50 Hour
Additional Services Offered by Contractor Reaular Time Rate Overtime Rate Rate Per
1 LoadeNBod Cat $95.00 $125.00
2
3
4
5
6
7
8
9
10
65