HomeMy WebLinkAboutINLAND SERVICE CORP SOLID WASTE AND RECYCLABLES COLLECTION AGREEMENTAUGUSTA, GEORGIA SOLID WASTE AND
RECYCLABLES COLLECTION AGREEMENT
1
2
4 THIS AGREEMENT (the "Agreement ") is effective as of the day of i V ' V o7 2012 (the
5 "Effective Date "), with the first day of service being June 1, 2013 (the `Sta ° ng Date ") by and between
6 Angus la, Georgia, p itical subdivision of the state of Georgia re naft r referred to as the "Augusta "),
7 and j' 1 U U/ C2 co Yp , a(n) L / (Cf n OM(,.corporation doing
8 business as / h 9b 9 �,Y( /( � 2 `C Q rp , (hereinafter referred to as "Contractor ").
9
10 WHEREAS, Augusta, Georgia owns and operates a Subtitle D and inert landfill known as Deans Bridge
11 Road Landfill; and
12
13 WHEREAS, the Deans Bridge Road Landfill is the destination for the solid waste to be collected under
14 this Agreement; and
15
16 WHEREAS, Augusta desires the Contractor to provide Residential Units with Residential Garbage,
17 Recyclables, Yard Waste and Bulky Waste collection to its citizens; and
18
19 WHEREAS, Augusta desires the Contractor to provide Designated Non - Residential Locations with
20 Residential Garbage and Recyclables, collection to its citizens; and
21
22 WHEREAS, Augusta desires the Contractor to provide Unoccupied Locations with Yard Waste and
23 Bulky Waste collection to its citizens; and
24
25 WHEREAS, the Contractor desires to provide such solid waste and recyclables collection services; and
26
27 WHEREAS, Augusta desires the Contractor to provide vehicles that operate solely on compressed natural
28 gas (hereinafter referred to as "CNG "); and
29
30 WHEREAS, Augusta desires to provide the Contractor with CNG; and
31
32 WHEREAS, the Contractor agrees to purchase CNG from Augusta; and"
33
34 WHEREAS, all parties hereto desire to set forth the rights and obligations of the parties in this
35 Agreement.
36
37 NOW, THEREFORE, in consideration of the promises, the mutual premises and the compensation as
38 defined below and other good and valuable consideration, the parties hereto hereby agree as follows:
39
40
41 SECTION 1 - DEFINITIONS
42
43 For the purpose of this collection services contract, hereinafter referred to as "Contract ", the definitions
44 contained in this Section shall apply unless otherwise specifically stated. When not inconsistent with the
45 context, words used in the present tense include the future, words in the plural include the singular, and
46 words in the singular include the plural. To the extent the definitions contained herein conflict with
47 similar definitions in any federal, state or local law, the definition in the Contract shall prevail. Use of the
48 masculine gender shall include the feminine gender. The word "shall" is always mandatory and not
49 merely discretionary.
50
Solid Waste & Recyclables Collection
Augusta, GA
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51 Area Miss means missed collection involving one hundred (100) or more Residential Units, Designated
52 Non - Residential Locations, and Unoccupied Locations in the Designated Collection Area on one
53 collection day.
54
55 Appliances see White Goods.
56
57 Building Material see Construction Debris.
58
59 Bulky Waste means large items of solid waste such as furniture, mattresses, and other items too large for
60 the Roll -Out Cart, including any oversized wastes whose large size precludes or complicates their
61 handling by normal solid waste collection. Bulky Waste as defined here shall include property owner or
62 tenant generated building materials. Bulky Waste is divided into two (2) distinct categories; a) piles less
63 than 10 cubic yards; and b) piles 10 cubic yards or greater.
64
65 Carry -Out Collection means special handling service provided to those individuals unable to place their
66 Residential Garbage or Recyclables curbside for collection due to Physical Impairment and where no
67 person(s) capable of placing the Residential Garbage or Recyclables curbside resides at the dwelling.
68 Carry -Out Collection services are not available for Yard Waste or Bulk Waste. In no event will the
69 quantity of persons receiving Carry-Out Collection services exceed three percent (3 %) of the total
70 Residential Units located within the Designated Collection Area. Carry-Out Collections shall be limited
71 to a maximum of 200 feet from the public right of way.
72
73 Collection Schedule means the days of collection authorized by the Contract.
74
75 Collection Services means Residential Garbage, Recyclables, Yard Waste and Bulky Waste collection, as
76 described herein.
77
78 Construction Debris means waste building materials resulting from construction, remodeling, repair, or
79 demolition operations.
80
81 Contract means this Agreement as executed for the provision of solid waste collection services in
82 Augusta, including all of the provisions, responsibilities, procedures, remedies, and attachments without
83 exception.
84
85 Contract Administrator means Augusta's Environmental Services Director, or designee, assigned to
86 administer this Contract on behalf of Augusta.
87
88 Contract Term means the duration of the Contract, measured from the Starting Date as set forth in this
89 Agreement.
90
91 Courtesy Collections means special collection requests by Augusta that the Contractor shall be
92 responsible for providing within the same time period as regularly scheduled collections.
93
94 Customer means the recipient of collection services within Augusta, provided through this Contract, and
95 includes Residential Units, Designated Non - Residential Locations, and Unoccupied Locations.
96
97 Damages means agreed to, actual, compensatory, consequential, continuing, direct, irreparable, punitive,
98 presumptive, proximate and /or recissory damages incurred by Augusta, the payment of which shall not be
99 an exclusive remedy.
100
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Augusta, GA
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101 Dead Animals means animals or portions thereof equal to or less than 100 pounds in weight, which have
102 expired.
103
104 Designated Collection Area means the geographic area of which the Contractor will provide collection
105 and other services pursuant to the Contract. Collection points will be at the curb or other Augusta
106 determined locations for Customers receiving Carry -Out Collection service.
107
108 Designated Disposal Facility means a facility to which Garbage, Yard Waste and Bulky Waste collected
109 under the Contract must be delivered. The disposal facility for Residential Garbage, Yard Waste and
110 Bulky Waste collected as part of this Contract will be the Deans Bridge Road Landfill located in Augusta,
111 Georgia.
112
113 Designated Non - Residential Location means a non - residential location in the Service Area that receives
114 collection and other solid waste services from the Contractor. An example would be public facilities or
115 small businesses serviced by Roll -Out Carts.
116
117 Designated Recycling Facility means a Materials Recovery Facility or transfer station selected by
118 Augusta for delivery of Recyclables and/or White Goods collected under this Contract.
119
120 District Manager means the employee designated by the Contractor as the Contractor's primary
121 representative with regard to matters involving this Contract.
122
123 Fiscal Year means Augusta's fiscal year that runs from January 1 through December 31.
124
125 Garbage, Residential See Residential Garbage
126
127 Hazardous Waste means waste, in any amount, which is defined, characterized, or designated as
128 hazardous by the United States Environmental Protection Agency or appropriate State agency by or
129 pursuant to federal or state law, or waste, in any amount, which is regulated under federal or state law; as
130 well as all waste defined as "Hazardous Waste" in this Agreement. For the purposes of this Agreement,
131 the term Hazardous Waste shall also include, but is not limited to, motor oil, gasoline, and liquid paint.
132
133 Hot Load means any vehicle carrying solid waste observed to be smoldering, smoking, on fire, giving off
134 odors, or leaking a caustic or corrosive substance.
135
136 Implementation Plan means a document describing in detail the activities that will be undertaken and
137 the schedule that will be followed to successfully implement the Contractor's collection services under
138 this Contract on the Start Date. The Implementation Plan shall include a description of how the
139 Contractor will evaluate routing and determine routes.
140
141 Littering means allowing spilled or wind -blown materials to come from the vicinity of the Contractor's
142 truck hopper or to fall to the ground as the Roll -Out Carts are emptied.
143
144 Maintenance Director means the person the Contractor has assigned to Augusta, and shall be a qualified
145 person to be in charge of maintenance associated with providing Collection Services within the Service
146 Area. The Maintenance Director shall be physically stationed in the Service Area and available to
147 Augusta through the use of telecommunications equipment at all times that the Contractor is providing
148 Collection Services.
149
150 Material Recovery Facility or MRF means a site used for the collection, storage, and processing of
151 Recyclables.
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Augusta, GA
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152
153 Miss means any Request for Service of a missed collection reported to Augusta.
154
155 Physical Impairment means a condition that renders an individual physically unable to bring a Roll -Out
156 Cart either to the curb or for whom the undertaking of such an act would clearly and seriously threaten
157 that person's health.
158
159 Putrescible means wastes that will decay or become rotten such as meats, dairy products, vegetables,
160 fruits, etc. that are normally the source of odors and are attractive to insects.
161
162 Producer means a property owner or tenant of a Residential Unit, Designated Non - Residential Location
163 and Unoccupied Location who generates solid waste.
164
165 Recyclables means solid waste including but not limited to newsprint and inserts; junk mail, cardboard,
166 books and phone books, food packaging (not contaminated by food), magazines, paper bags and boxes;
167 plastic bottles and containers to include items labeled #1 and #2, plastic milk containers, detergent bottles
168 and plastic soft drink and liquor bottles; aluminum, steel, or tin cans; and other items determined to be
169 recyclable by Augusta. Augusta may amend this list from time to time.
170
171 Recyclables Cart means the container designated and authorized by Augusta based upon the container's
172 depth, size, and material and identified solely for Recyclables. It shall be subject to the collection
173 regulations pertaining to Recyclables.
174
175 Refuse means all nonputrescible material discarded for disposal as Residential Garbage.
176
177 Repeat Collection Miss means two or more collection misses at any one Residential Unit, Designated
178 Non - Residential Location, Unoccupied Location, or other designated collection point during any thirty
179 (30) day period or four (4) or more collection misses in a ninety (90) day period.
180
181 Request for Service means reported customer service requests or discovered missed collection of
182 Residential Garbage, Recyclables, Yard Waste or Bulky Waste from any one Residential Unit,
183 Designated Carry -out Collection Locations, Designated Non - Residential Locations, Unoccupied Location
184 or Courtesy Collections on the form used by Augusta to document customer service requests. Usually this
185 request is transmitted electronically to the Contractor and can also be referred to as an "Insight" or "GBA"
186 work order.
187
188 Residential Garbage means residential waste including but not limited to animal and vegetable matter;
189 non - hazardous residential waste materials; properly contained medical waste; discarded food or beverage
190 containers; discarded toys, clothing and other residential items; but excluding liquids of any kind. For the
191 purpose of this Contract, Residential Garbage also includes garbage generated by Designated Non -
192 Residential Locations.
193
194 Residential Unit means any single - family dwelling, condominium, or rental unit with four (4) or fewer
195 dwelling units at one location. Each dwelling unit contained in a condominium and each dwelling unit in
196 apartment complexes with four (4) or fewer rental units will be counted as separate collection points.
197
198 Roll -Out Cart means the gray (or any other color) plastic Roll -Out Cart supplied by Augusta to
199 Customers or other designated Producers for the collection of Residential Garbage or Recyclables.
200
201 Service Area means the area(s) within Augusta limits served by the Contractor(s) and any annexations, if
202 granted.
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203
204 Supervisor means the person the Contractor has assigned to Augusta, and shall be a qualified supervisor
205 to be in charge of the operations within the Service Area. The supervisor shall be physically stationed in
206 the Service Area and available to Augusta through the use of telecommunications equipment at all times
207 that the Contractor is providing Collection Services.
208
209 Valid Miss means any missed Request for Service or solid waste collection determined by Augusta to
210 result from Contractor negligence or omission.
211
212 Vehicle Leaks and Spills means leaks consisting of a constant drip of fluids or fluid spills that leave
213 visible puddles or "staining" upon the pavement. These fluids can be any of the motor fluids, hydraulic
214 fluids, or waste liquids from the compactor unit.
215
216 White Goods includes refrigerators, ranges, water heaters, freezers, unit air conditioners, washing
217 machines, dishwashers, clothes dryers, any others similar domestic appliances that are collected by the
218 Contractor for recycling.
219
220 Yard Waste means grass, leaves, limbs, trimmings, or other plant or vegetative material generated by the
221 Customer and separated and placed at curbside for collection. Yard Waste is divided into two (2) distinct
222 categories; a) quantities less than 10 cubic yards; and b) quantities 10 cubic yards or greater.
223
224 Unoccupied Locations means a vacant or unoccupied Residential Unit, unimproved property or vacant
225 lot.
226
227 SECTION 2 - CONTRACT TERM AND COMMENCEMENT
228
229 2.1 Performance Commencement
230 The term of this Agreement shall commence on June 1, 2013, and terminate on December 31, 2021 (the
231 "Initial Term ") unless this Agreement is terminated earlier by Augusta as herein provided. This
232 Agreement may be renewed for two (2) or more successive two (2) year terms (the "Renewal Terms ")
233 upon mutual agreement of the parties at the rates herein (as may be adjusted as provided herein) no less
234 than sixty (60) days prior to the expiration of the Initial Term or the then current Renewal Term.
235
236 2.2 Transition prior to Commencement Date of this Contract.
237 Contractor understands and agrees that the time between the formal Contract signing and June 1, 2013 is
238 intended to provide the Contractor with sufficient time to, among other things, order equipment, prepare
239 necessary routing changes, and prepare to start services. Contractor shall be responsible for the provision
240 of all collection services beginning June 1, 2013. Accordingly, Contractor shall provide collection
241 services as set forth in this Contract no later than June 1, 2013.
242
243 2.3 Deadlines for the Contractor's Implementation Planning.
244 At a minimum, the Contractor must address the following specific performance requirements in the
245 Implementation Plan and accomplish them according to the following deadlines. Dates may be modified
246 by mutual agreement.
247 • By June 29, 2012 Contractor shall hire the District Manager, who shall attend the Implementation
248 Plan discussion meeting.
249 • By July 13, 2012 Contractor shall provide Augusta's Contract Administrator with a collection and
250 maintenance plan, which shall be subject to the approval of Augusta's Contract Administrator.
251 The maintenance plan shall include a description of how emergency maintenance issues will be
252 handled. Ten days after receiving Augusta Contract Administrator's comments, the Contractor
Solid Waste & Recyclables Collection
Augusta, GA
253 shall provide Augusta Contract Administrator with a revised collection and maintenance plan, if
254 necessary.
255 • By July 13, 2012 Contractor shall submit to Augusta's Contract Administrator documentation
256 demonstrating that: (a) all necessary vehicles, equipment, and containers have been ordered and
257 will be delivered to Contractor's equipment yard no later than January 11, 2013.
258 • By July 13, 2012 Contractor and Augusta shall meet and discuss the Contractor's Implementation
259 Plan.
260 • By July 13, 2012 Contractor shall request a detailed customer list from Augusta to show all
261 Residential Garbage, Designated Non - Residential, and Unoccupied Locations. The Contractor
262 shall also request other information that the Contractor may reasonably need for an effective
263 implementation. This may include lists of Carry-Out Collection locations, exempt locations from
264 services, and locations with multiple Roll -Out Carts.
265 • By Augusta 10, 2012 Contractor and Augusta shall meet and discuss the Contractor's
266 Implementation Plan.
267 • By September 7, 2012 Contractor and Augusta shall meet and discuss the Contractor's
268 Implementation Plan.
269 • By September 14, 2012 the Contractor shall have audited the detailed customer list from Augusta
270 to show all Residential Garbage, Designated Non - Residential, and Unoccupied Locations and
271 provide discrepancies back to Augusta in a format acceptable to Augusta.
272 • By October 5, 2012 Contractor and Augusta shall meet and discuss the Contractor's
273 Implementation Plan.
274 • By November 9, 2012 Contractor and Augusta shall meet and discuss the Contractor's
275 Implementation Plan.
276 • By December 7, 2012 Contractor and Augusta shall meet and discuss the status of the
277 Contractor's Implementation Plan and its completion.
278 • By January 11, 2013 Contractor and Augusta shall meet and discuss the status of the Contractors
279 Implementation Plan and its completion.
280 • By January 11, 2013 Contractor shall confirm in writing to Augusta Contract Administrator that
281 all of the vehicles and equipment necessary to provide Collection Services have been delivered to
282 the Contractor's equipment yard.
283 • By January 18, 2013 Contractor shall confirm in writing to Augusta Contract Administrator that
284 all of the vehicles necessary to provide collection services have been registered, licensed, tagged,
285 and equipped, and are ready to perform in compliance with the requirements of this Contract.
286 • By January 18, 2013 Contractor shall provide Augusta Contract Administrator with a vehicle and
287 equipment list, which shall identify the make, type, year, license number, and identification
288 number for each Collection vehicle.
289 • By January 25, 2013, Contractor shall ensure that all collection vehicles have been properly
290 permitted, inspected, and have an established tare weight with the Designated Disposal Facility.
291 • By January 25, 2013 Contractor shall confirm in writing to Augusta Contract Administrator that:
292 (a) Contractor has hired and trained all of the employees needed to provide Collection Service in
293 compliance with the requirements in this Contract; (b) all of the Contractor's drivers have
294 inspected their collection routes and confirmed their ability to complete their routes on the
295 scheduled collection work day; (c) drivers have been made aware of all Carry-Out Collection
296 locations; (d) provide a certification that all employees working under this contract have passed
297 the Contractors background check; (e) provide a certification that all employees working under
298 this contract have passed a pre- employment drug test; and (f) provide a certification that all
299 employees working under this contract have agreed to abide the operating rules of the Designated
300 Disposal Facility and Designated Recycling Facility.
301
302 2.3.1 CNG Station Implementation Planning
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Augusta, GA
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303 At a minimum, the Contractor must address the following specific performance requirements in
304 the Implementation Plan and accomplish them according to the following deadlines. Dates may
305 be modified by mutual agreement.
306
307 ■ Within one week of Contract award, Contractor shall meet with Augusta to discuss the
308 implementation of the CNG stations.
309 ■ By June 29, 2012, Contractors and Augusta shall meet and discuss locations as well as site
310 design, specifications and the companies who will construct the stations.
311 • By July 20, 2012, Contractors shall finalize design of the station and an Agreement shall be
312 entered into with a development partner.
313 • By August 13, 2012, Construction commencement.
314 ■ By January 18, 2013, Construction completion and facility operational.
315 • By June 1, 2013, title of said property, equipment and the station shall be turned over to Augusta.
316
317 2.4 Transition upon Expiration of this Contract
318
319 2.4.1 Continuation of Contractor's Service
320 If Augusta does not exercise its right to renew this Contract or if there are no renewal options
321 remaining, Augusta will attempt to award a new agreement at least six (6) months prior to the
322 expiration of this Contract. In the event a new agreement has not been awarded within such time
323 frame, Contractor shall provide Collection Services to Augusta on a month -to -month basis after
324 the expiration of this Contract, at the then established rates, if Augusta requests this service with
325 at least thirty (30) days' notice to the Contractor.
326
327 2.4.2 Schedule for Termination of Contractor's Service
328 Prior to the termination of this Contract, Contractor shall work with Augusta to ensure that there
329 is no interruption or reduction of service when the Contractor ends its services to Augusta. If a
330 new contract is awarded to a hauler other than the Contractor, the Contractor shall coordinate and
331 cooperate with the newly selected hauler, as well as Augusta, to minimize any disruptions in the
332 service provided to the public.
333
334
335 SECTION 3 - GENERAL COLLECTION REQUIREMENTS
336
337 3.1 Scope of Service
338 Commencing on the Starting Date, the Contractor shall collect and transfer, in a workmanlike manner,
339 according to the Collection Service Frequency in Section 3.5; the following:
340
341 3.1.1 Residential Garbage
342 Residential Garbage and Recyclables in Augusta- provided Roll -Out Carts placed at curbside,
343 Yard Waste placed at curbside, and Bulky Waste placed at curbside at each Residential Unit.
344
345 3.1.2 Designated Non - Residential Location
346 Residential Garbage and Recyclables in Augusta - provided Roll -Out Carts placed at curbside, at
347 each Designated Non - Residential Location.
348
349 3.1.3 Unoccupied Locations
350 Yard Waste placed at curbside, and Bulky Waste placed at curbside at each Unoccupied
351 Location.
352
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Augusta, GA
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Augusta, GA
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353 3.1.4 Roll -out Carts
354 Approved Roll -Out Carts have been or shall be provided by Augusta to each Residential Unit
355 and Designated Non - Residential Location. Additionally, the Contractor shall provide Carry -Out
356 Collection for those residents qualifying for this special service and all Courtesy Collections
357 when requested by Augusta. The Contractor shall furnish all labor, equipment materials, tools,
358 storage, insurance, supervision, and all other items incidental thereto and to perform all work
359 necessary and specified in the prescribed manner and time, to provide Collection Services, in the
360 Designated Collection Area, as described herein.
361 a. Residential and Designated Non - Residential Location Roll -Out Carts — Garbage:
362 Each Residential Unit and Designated Non - Residential Locations is initially authorized
363 one (1) gray topped Roll -Out Cart with an Augusta, Georgia logo, should the volume
364 needs for Residential Garbage increase for a specific Residential Unit or Designated
365 Non - Residential Locations, Augusta may authorize additional Roll -Out Cart(s) for that
366 location. Augusta will then pay for the additional Roll -Out Cart(s) at the rates specified.
367 Multiple Augusta, Georgia Roll -Out Carts beyond those authorized at each location,
368 personal carts or cans, and Roll -Out Carts from other hauling services containing
369 Residential Garbage shall not be emptied, and the Contractor shall report these
370 unauthorized carts immediately to Augusta for investigation.
371
372 b. Residential and Designated Non - Residential Location Roll -Out Carts — Recyclables:
373 Each Residential Unit and Designated Non - Residential Locations are authorized one (1)
374 blue topped Roll -Out Cart with an Augusta, Georgia logo, should the volume needs for
375 Recyclables increase for a specific location, Augusta may authorize additional Roll -Out
376 Cart(s).
377
378 3.1.5 Extra Residential Garbage Collection
379 Residential Garbage placed outside the Roll -Out Cart on a regular basis shall not be collected,
380 and the Contractor shall report the address to Augusta for investigation. A maximum of five (5)
381 bags of Residential Garbage placed outside the Roll -Out Cart no more than once per quarter will
382 be allowed to accommodate special occasions, but the Contractor shall report the address for
383 entry into the Insight Work Order System for monitoring purposes. Residential Garbage shall
384 not be collected as Bulky Waste except as otherwise allowed by the Agreement.
385 3.1.6 Bulky Waste Collection
386 The Contractor shall collect Category One (1) Bulky Waste once per week from Residential Units
387 and Unoccupied Locations. Contractor shall strictly follow established process as written herein
388 or as later modified in writing. Bulky Waste is divided into two distinct categories as described
389 below:
390 a. Category One (1): Bulky piles less than 10 cubic yards that do not require scheduling, qualify
391 for curb -side collection, and are collected by the Contractor as part of the residential route
392 collection process; and
393
394 b. Category Two (2): Bulk Waste piles 10 cubic yards or greater that do not qualify for curbside
395 collection, must be placed for Augusta grapple truck collection. When the Contractor
396 encounters a Bulk Waste pile 10 cubic yards or greater the Contractor shall NOT collect any
397 portion of this Bulk Waste pile and report the location immediately to Augusta for
398 investigation.
399
400 c. Reporting of Category Two bulky waste shall be either through an automated on -board
401 software solution or via email from the Contractor.
402
451 3.3 Monthly Performance Summary
Solid Waste & Recyclables Collection
Augusta, GA
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403 3.1.7 Yard Waste Collection
404 The Contractor shall collect Category One (1) Yard Waste from Residential Units and
405 Unoccupied Locations according to Section 3.5. Yard Waste shall be placed in Kraft paper bags,
406 in Customer provided cans, clearly identifiable as Yard Waste, or in piles. Contractor shall
407 strictly follow established process as written herein or as modified later in writing. Yard Waste is
408 divided into two distinct categories as described below:
409 a. Category One (1): Yard Waste Piles less than 10 cubic yards that do not require scheduling,
410 qualify for curb -side collection, and are collected by the contractor as part of the residential
411 route collection process, provided that any material shall be no longer than 5 feet in length
412 and be reasonably accessible by manpower. Christmas trees will be eligible for collection as
413 Yard Waste and are not required to meet the stated standards, so long as lights and
414 decorations have been removed; and
415
416 b. Category Two (2): Yard Waste piles 10 cubic yards or greater that do not qualify for curbside
417 collection must be placed for Augusta grapple truck collection. When the Contractor
418 encounters a Yard Waste pile 10 cubic yards or greater Contractor shall NOT collect any
419 portion of this Yard Waste pile and report the location immediately to Augusta for
420 investigation.
421
422 c. Reporting of Category Two yard waste shall be either through an automated on -board
423 software solution of via email from the Contractor.
424
425 3.1.8 Residential Recyclables Collection
426 The Contractor shall collect Recyclables from Residential Units, and Designated Non - Residential
427 Locations. Operation and expansion of the residential recycling program is a high priority for
428 Augusta.
429 a. The Contractor shall provide an incentive based recycling program offered by Recycling
430 Perks. The Recycling Perks scope of services is listed as Appendix D and shall be
431 considered a material requirement of this Contract.
432
433 b. The Contractor shall exercise due care not to contaminate the Recyclables.
434 c. The Contractor shall ensure that its provision of the services does not in any manner
435 contribute to contamination levels and shall adhere to the collection vehicle cleaning
436 requirements described herein.
437
438 3.1.9 Roll -Out Cart and Recyclable Cart Placement
439 Contractor shall return Roll -Out Carts and Recyclable Carts to their original position, as provided
440 by Section 5.4; taking care not to block access to driveways or mailboxes after it has been
441 emptied. Contractor shall reasonably attempt to close Roll -Out Cart and Recyclable Cart lids.
442
443 3.2 Designated Collection Area
444 Augusta hereby gives, grants, and awards to the Contractor the exclusive right to pickup, collect, and
445 transport for disposal or processing Residential Garbage, Recyclables, Yard Waste and Bulky Waste from
446 all Residential Unit, Designated Non - Residential Location and Unoccupied Location collection points
447 within the Designated Collection Area, as described herein. For this Agreement, Advanced Disposal
448 Services Augusta, LLC, shall provide service to Designated Collection Area 1 (DCA 1) and Inland
449 Services Corporation shall provide service to Designated Collection Areas 2 and 3 (DCA 2 and DCA 3).
450 A map of the Designated Collection Areas is presented in Appendix A.
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Augusta, GA
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452 A monthly performance summary form ( "Monthly Performance Summary ") has been established to assist
453 Augusta in evaluating Contractor performance under this Agreement. The Monthly Performance
454 Summary consists of the following two elements, which are further described in Appendix B:
455
456 3.3.1 The Monthly Performance Summary
457 The Summary will include a listing of key performance measures profiling the Contractor's
458 service level. These measures may be reviewed with the Contractor throughout the month in an
459 effort to identify potential service issues and to work proactively toward a resolution of any
460 deficiencies.
461
462 3.3.2 Annual Customer Satisfaction Survey
463 An annual customer satisfaction survey that will be administered by a professional survey
464 company selected by Augusta and paid for by the Contractor. This survey will target areas where
465 service problems or poor participation are observed.
466 Augusta will evaluate the results of the survey in conjunction with the profile of the key
467 performance measures to determine the overall performance of the Contractor. Augusta will
468 review the results of the Monthly Performance Summary with the Contractor on at least a
469 quarterly basis and the Contractor agrees to implement measures as necessary to improve areas
470 identified as requiring improvement. The Contractor recognizes that these results will be
471 compiled by Augusta and may be presented internally or publically.
472
473 Contractor acknowledges that its performance relative to the Monthly Performance Summary
474 shall not be construed to mean that the Contractor is meeting its performance obligations as
475 required by this Agreement. Should the Contractor not comply with any other material provision
476 of this Agreement, Augusta may declare the Contractor in default notwithstanding its
performance levels relative to the Monthly Performance Summary.
ii8 3.4 Materials to be Collected
481 The Contractor shall provide alley collection and curbside collection of Residential Garbage, Yard Waste,
482 Recyclables and Bulky Waste placed for collection in accordance with the Collection Schedule in the
483 Designated Collection Area, and as further described in this document.
484
485 3.4.1 Mixing
486 The Contractor shall not mix Garbage and Bulky Waste with any Yard Waste or Recyclables.
487 Further, the Contractor shall not mix any Yard Waste and Recyclables. The Contractor shall
488 not collect material in the same truckload from both Recyclables Carts and Roll -Out Carts,
489 unless Augusta has identified the Recyclables Carts as containing an excess of non - recyclable
490 material.
491
492 3.4.2 Damages
493 If the Contractor's equipment operator collects one or more commodities in the same
494 truckload without permission, or as otherwise allowed by this Agreement, from Augusta, the
495 Contractor shall be assessed Damages in the amount of one thousand dollars ($1,000) per
496 incident and Augusta may declare it an event of default.
497 3.5 Collection Service Frequency
498 The Contractor shall collect Residential Garbage, Recyclables in Augusta - provided Roll -Out Carts placed
499 at curbside, Yard Waste placed at curbside, and Bulky Waste placed at curbside at each Residential Unit
500 and Designated Non - Residential Location. Yard Waste placed at curbside, and Bulky Waste placed at
501 curbside at each Unoccupied Location shall also be collected. Each Customer's Residential Garbage,
502 Recyclables, Yard Waste and Bulky Waste must be collected on the same day of the week (i.e., the
503 collection of Residential Garbage, Recyclables, Yard Waste and Bulky Waste for a single Customer shall
504 be coordinated so that the designated collection day of each type of material occurs on the same day of
505 the week at the Customer's collection point). The Customers' collection day shall be in accordance with
506 the approved Collection Schedule. Augusta expects Roll -Out Carts, Recyclables Carts, Yard Waste and
507 Bulky Waste to be placed at curbside by 7:00 a.m. on the designated collection day. Table 1, below,
508 describes the service frequencies.
509 Table 1: Service Levels
510
511
512
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Residential Unit
Garbage - Once per week
Yard Waste - Once per week
Designated Non - Residential Location
Garba • e - Once • er week
Unoccupied Location
Yard Waste - Once • er week
Rec clables - Once s er week
Bulk Waste - Once . er week
Bul Waste - Once . er week
Rec clables - Once • er week
513 3.6 Collection Days
514 Routes for Residential Garbage, Recyclables, Yard Waste and Bulky Waste must be spread out evenly
515 over five (5) collection days, Monday through Friday. For each Residential Unit, Designated Non -
516 Residential Location, and Unoccupied Location, all services will be performed on the same day as
517 Residential Garbage.
518
519 3.7 Hours of Collection
520 No Residential Garbage, Recyclables, Yard Waste or Bulky Waste collection shall commence prior to
521 7:00 a.m., and the Contractor must request permission to continue collection after 8:00 p.m.
522 3.8 Holiday Collection
523 The Contractor shall provide Collection Services on all legal holidays except New Years Day, Memorial
524 Day, Fourth of July, Labor Day, Thanksgiving and Christmas. Collection services shall be delayed one
525 (1) day for each observed holiday. For example, if Friday is a holiday then collections normally scheduled
526 on Friday will be collected on Saturday.
527
528 3.8.1 Extra Holiday Collections
529 Contractor shall provide adequate resources to collect the increased holiday waste loads during
530 the five (5) work day(s) following the holiday, as listed in Section 3.8. Extra bags of Refuse and
531 Residential Garbage placed outside the Roll -Out Carts shall be collected, and may be collected as
532 Bulky Waste.
533
534 3.9 Extra Masters Collections
535 Contractor shall provide adequate resources to collect the increased waste loads during the week prior to,
536 the week of, and the week after the Masters Golf Tournament. Extra bags of Refuse and Residential
537 Garbage placed outside the Roll -Out Carts during that period shall be collected, and may be collected as
538 Bulky Waste.
539
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540 3.10 Dead Animals
541 Augusta personnel will pick up Dead Animals within Augusta limits. Augusta reserves the right to
542 transfer these Dead Animals to any of the Contractor's solid waste trucks operating in the vicinity when
543 Dead Animals are collected by Augusta crews. Contractor's Supervisor shall provide immediate direction
544 and/or location of nearest Contractor solid waste collection truck upon request. Dead Animals shall not be
545 placed in a Collection Vehicle collecting Yard Waste or Recyclables.
546 3.11 Requests for Service
547 Once any route has been completed, or is scheduled to have been completed, any Customer missed will
548 be designated as a Request for Service, regardless of the time of day.
549
550 3.11.1 Communication of Requests for Service and Completion
551 a. Upon the receipt of a Request for Service, Augusta will notify the Contractor immediately,
552 through the issuance of a Request for Service, with the date and address where the Request
553 for Service occurred.
554
555 b. If Augusta sends a Request for Service, or provides verbal notification of a Request for
556 Service to the Contractor between the hours of 7:00 a.m. to 5:30 p.m. on any given collection
557 day, the Contractor shall provide collection by 8 p.m. on the same day. The Contractor shall
558 collect any Request for Service received after 5:30 p.m. by noon of the following scheduled
559 collection day. Once Augusta has sent a Request for Service, it shall be considered received
560 by the Contractor, in accordance with Section 10.1.
561
562 c. When Contractor's equipment operators are collecting material based on Requests for
563 Service, they shall be responsible for checking other Residential Units, Designated Carry -out
564 Collection Locations, Designated Non - Residential Locations and Unoccupied Locations in
565 the same vicinity for other possible misses in order to prevent additional calls from other
566 Customers reporting collection misses.
567
568 d. Requests for Service and other emergency calls received by Augusta on non - collection days
569 and evenings will be conveyed to the Contractor's representative, as designated in Section
570 10.1. The Contractor shall respond to such requests in the same timeframe and manner as
571 specified in Section 3.11 for Requests for Service, or as specified in other sections of this
572 Agreement for other requests.
573
574 e. The Contractor shall collect solid waste based on Requests for Service and shall transport the
575 materials to the appropriate and approved Designated Disposal Facility or Designated
576 Recycling Facility, as appropriate, during normal business hours.
577
578 f. The Contractor shall notify Augusta, through its response to the Request for Service, of the
579 date and time that collection was completed.
580
581 3.11.2 Route Status
582 Communication from the Contractor on the status of each day's route completion is vital so that
583 Augusta can adequately respond to Customer complaints as they are received. If the Contractor
584 does not keep Augusta so informed, any reported or discovered collection misses for routes,
585 which should have been completed for that collection day, will be designated as Valid Collection
586 Misses. Therefore, the Contractor shall notify Augusta immediately of the following:
587 a. The status of Contractor collection service.
611 a. One hundred dollars ($100) for each violation of Section 3.11.1.b during any one
612 (1) calendar month;
613
614 b. The Contractor shall also pay Augusta additional Damages of five thousand dollars
615 ($5,000) per month for any month in which there are two hundred (200) or more
616 violations of Section 3.11.1.b
617
618 c. The Contractor shall remain responsible for providing collection. However, if the
619 Contractor fails to pick up the Request for Service by the times specified in Section
620 3.11.1.b Augusta may elect to provide the service and charge the Contractor Damages in
621 the amount of $500 per missed collection to cover crew mobilization, collection,
622 transport for disposal, and staff costs. The intent is to ensure that quality customer service
623 is provided to each Customer.
624
625 d. Repeat Collection Miss: Should Contractor fail to provide immediate collection of a
626 Repeat Collection Miss, Augusta may, in its sole discretion, provide the collection
627 service and charge the Contractor Damages of $500 for each collection point serviced by
628 Augusta. The Contractor shall also pay Augusta Damages as follows for Repeat
629 Collection Misses:
630
631 (i) Five hundred dollars ($500.00) for the second and third Collection Miss of
632 any one (1) Residential Unit, Designated Non - Residential Location, or
633 Unoccupied Locations location during any thirty (30) day period.
634
635 (ii) One thousand dollars ($1,000.00) for each Collection Miss for four or more
636 Collection Misses of any one (1) Residential Unit, Designated Non - Residential
637 Location, or Unoccupied Locations location during any ninety -(90) day period.
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588 b. Unresolved Requests for Service from the previous day and plans to resolve these
589 outstanding requests.
590 c. Any changes or delays in route completion.
591 d. Any open routes not covered in the morning.
592 e. Equipment breakdowns.
593 f. Any other event, which could affect the normal time of completion of any route.
594
595 3.11.3 Missed Collections
596 Augusta employees will investigate Request for Service(s), and classify it as a "Valid Miss" if, in
597 their opinion, the reported miss is due to Contractor negligence or omission. Otherwise, it will
598 remain classified as a Request for Service.
599
600 The Contractor is responsible for avoiding Repeat Collection Misses.
601
602 Requests for Service result in additional work for Augusta, requiring customer service staff to
603 handle customer service requests, and field and office staff to provide follow -up to ensure
604 completion. Therefore, the Contractor shall use its best efforts to minimize the number of Missed
605 Collections.
606
607 3.11.4 Damages
608 If the Contractor fails to provide collection of a Request for Service by the times specified in
A98 Section 3.11, the Contractor shall pay Augusta Damages in the following amounts:
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Augusta, GA
638
639 e. Route Changes: When approved route changes are implemented, the Contractor will
640 be given a four week grace period beginning with the Contractor's first collection day
641 under the approved transition schedule during which misses will be noted but no
642 Damages will be assessed. The grace period is intended solely for one (1) to five (5)
643 Residential Units, Designated Non - Residential Locations, and Unoccupied Locations
644 missed on any one (1) route due to driver unfamiliarity with new routes, therefore any
645 misses of six (6) or more Residential Units, Designated Non - Residential Locations, and
646 Unoccupied Locations on any one (1) route will not be covered by the grace period. Any
647 such misses shall be designated as Valid Misses and shall be subject to Damages. The
648 Contractor shall use its best efforts to limit the number of collection misses, and shall
649 remain responsible for the timely collection of any collection misses during the grace
650 period.
651
652 f. Area Misses: The Contractor shall respond to Area Misses in the same timeframe
653 and manner as specified above. The Contractor shall pay Augusta Damages in the amount
654 of:
655
656 (i) Two thousand dollars ($2,000) for the first one hundred (100)
657 Residential Units, Designated Non - Residential Locations and
658 Unoccupied Locations missed, and
659 (ii) Twenty dollars ($20) for each Residential Unit, Designated Non -
660 Residential Location or Unoccupied Location missed over the first one
661 hundred (100) Residential Units, Designated Non - Residential Locations
662 and Unoccupied Locations.
663 (iii) In addition, if the Contractor fails to provide collection by the times
664 specified in Section 3.11.1 (b), Augusta may elect to provide the service
665 and charge the Contractor Augusta's fee for such service as specified in
666 Section 3.11.4 (c).
667
668 3.11.5 Courtesy Collections
669 The Contractor shall be responsible for providing Courtesy Collections, upon request by Augusta.
670 Contractor shall limit Courtesy Collections to a number not to exceed the number of Residential
671 Units times 0.15% percent in any calendar week. This service consists of collections of
672 Residential Garbage, Recyclables, Yard Waste and Bulky Waste from specific Residential Units,
673 Designated Non - Residential Locations and Unoccupied Locations.
674
675 The Contractor shall respond to Courtesy Collection requests from Augusta in the same
676 timeframe and manner as specified in Section 3.11.1.b. Augusta shall designate Courtesy
677 Collection requests that are not collected in the specified timeframe to be a Valid Miss, which
678 shall be subject to the Damages specified in Section 3.11.4
679
680 3.11.6 Review of Damages Assessed
681 If Augusta assesses damages that the Contractor believes are not justified by the facts, the
682 Contractor will provide its evidence and schedule a meeting with the Contract Administrator to
683 review. If the matter is not resolved at the review meeting the Contractor may ask the Contract
684 Administrator (or his designee) in writing to review the record and make a determination as to the
685 amount of damages assessed. The Contract Administrator's review shall be made and a written
686 answer provided to the Contractor no later than ten (10) Augusta working days following the
687 receipt of the request for review by the Contract Administrator. Upon receipt of any decision
688 finding liability following the review, the amount of the damages for which liability is found may
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689 be withheld by Augusta from the next payment due to Contractor without such withholding being
690 considered a breach of this Agreement.
691 3.12 Designated Non - Residential Location Collection
692 The Contractor shall provide collection service to Designated Non - Residential Locations identified and
693 designated by Augusta, which may include facilities such as fire stations, schools, churches, non - profit
694 agencies, businesses, and public buildings. Each Designated Non - Residential Location shall be counted as
695 one stop. Payment for collection at Designated Non - Residential Locations will be based on the actual
696 number of Roll -Out Carts at each location. Each Designated Non - Residential Location is required to be
697 served by a Grey, Augusta, Georgia Roll -Out Cart. Any Roll -Out Carts without the Augusta, Georgia hot -
698 stamp on the cart shall not be emptied, but shall be reported immediately to Augusta for investigation.
699 3.13 Unoccupied Location Collection
700 The Contractor shall provide collection service to Unoccupied Locations identified and designated by
701 Augusta. Each Unoccupied Location shall be counted as one stop, and therefore the Contractor shall be
702 paid for one stop for each Yard Waste pick up and each Bulky Waste pickup. Unoccupied Locations will
703 not be issued Roll -Out carts, and any Roll -Out carts at these locations shall not be emptied but shall be
704 reported to Augusta for investigation.
705 3.14 Carry -Out Collection
706 The Contractor shall provide Carry -Out Collection for those individuals who are unable to place their
707 solid waste for collection in the usual manner due to severe physical disability. The Contractor shall not
708 receive special payment for this service.
709
710 Augusta will investigate new requests for Carry -Out Collection. If approved, Augusta will notify the
711 Contractor to start the service on the next regularly scheduled collection day.
712
713 At its discretion, Augusta will re- confirm the need for Carry -Out Collection. However, if the Contractor
714 has reason to believe that Carry -Out Collection is no longer required at any Residential Unit, the
715 Contractor shall notify Augusta. Augusta will investigate and confirm the need for Carry-Out Collection
716 and notify the Contractor of the result of the investigation and whether the service is to be continued or
717 discontinued.
718
719 3.15 Service Verification and Documentation
720 The Contractor shall purchase, install, and utilize on -board technologies on each of the collection vehicles
721 and supervisor vehicles. This technology will be used to perform a variety of tasks which will provide
722 necessary data and service validation both for Augusta and for our customers. All data should be
723 available to Augusta on a real -time basis. This technology shall, at a minimum:
724
725 3.15.1 Fully Automated Service Verification
726 The RFID technology shall be capable of reading Augusta's RFID tags in each Roll -Out
727 Cart and shall verify the accuracy of containers being serviced, including positively
728 identifying which Customers were not serviced and why; identify which containers were
729 not out for collection; and which customers had extra materials for collection. It should
730 also identify containers that have been moved, stolen, or relocated. All such actions
731 should be captured by photograph attached to the customer and /or container.
732
733 3.15.2 Provide Detailed Route Sheets
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734 Driving directions to the next stop based on the route sheets, also allow the driver to
735 choose the next stop manually when running the route out of sequence. When this
736 occurs, the system shall recalculate the route.
737
738 3.15.3 On -Board Scale Technology
739 Automatically record lift events and lift weights for Roll -Out carts and Recyclables Roll -
740 Out carts for each Customer.
741
742 3.15.4 Roll -Out Carts
743 Capable of automating the delivery, damage, exchanges, returns, and removals of Roll -
744 Out Carts for each Customer. This will be performed by Augusta, but the software
745 should be capable of supporting cart data.
746
747 3.15.5 Hand -Held Devices
748 A hand -held device which integrates with the on -board computer that will allow the
749 driver and/or supervisor to collect information while outside of the vehicle. The hand -
750 held device shall have at least signature verification and RFID reader capabilities.
751
752 3.15.6 Global Positioning System
753 All data gathering and tracking shall be geo -coded and provide real -time vehicle location
754 (within 2 minutes), route driven, and stops made.
755
756 3.15.7 Messaging
757 Wireless communication to each vehicle while in the yard, en- route, or at the Designated
758 Disposal facility, and real -time messaging between the driver and the back - office
759 software.
760
761 3.15.8 Reporting
762 A report center that allows the logging of time for breaks, customer stops, refueling,
763 landfill, and others. This should also provide the recording of detailed events during
764 accident situations, and the exact route each vehicle took any day. Reports should be
765 customizable.
766
767 SECTION 4 - ROUTING AND COLLECTION SCHEDULES
768
769 4.1 Route Maps
770 The Contractor shall annually review the existing collection maps and evaluate workloads and service
771 areas for effectiveness and efficiency in light of changed population density and/or distribution. Augusta
772 will review the Contractor's route maps to ensure that all areas to be collected are included, and that
773 routing does not result in dangerous collection practices.
774
775 4.1.1 Route Details
776 Each set of detailed route maps must show, for each collection day, the areas to be collected, the
777 starting point for collection, and the exact direction and sequence of travel of the streets and
778 alleys for each route to be collected. The Contractor shall use its best efforts to minimize the
779 number of Residential Units, Designated Non - Residential Locations and Unoccupied Locations
780 that are affected by collection day changes as a result of its initial routing plans.
781
782 The Contractor is responsible for ensuring that all routes are accurately populated in the on -board
783 vehicle technology.
784
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785 4.1.2 Route Summary Information
786 The Contractor shall include a summary of the route maps, indicating the number of Residential
787 Units, Designated Non - Residential Locations and Unoccupied Locations to be collected each
788 collection day, and the number of Residential Units, Designated Non - Residential Locations and
789 Unoccupied Locations per route, for Residential Garbage, Recyclables, Yard Waste and Bulky
790 Waste collection. The summary shall also show the number of Residential Units, Designated
791 Non - Residential Locations and Unoccupied Locations, which would be affected by any changes
792 in their current collection days, and an explanation of those changes.
793
794 4.1.3 Route Boundaries
795 Routes shall be bounded by natural boundaries, such as bodies of water, major highways or
796 arterials. Any boundaries that are on secondary or residential roads shall be divided on the back
797 of property lines to ensure both sides of the street are collected on the same day and route.
798
799 4.1.4 Route Map Format
800 Route maps shall be submitted in reproducible, approved GIS format. All street names must be
801 legible. The Contractor may request current street maps showing parcel information from
802 Augusta's GIS manager. Once a format is agreed upon, all future route maps shall be prepared
803 using the same format.
804
805 4.2 Routing and Collection Day Changes
806 When adjustments are warranted, the Contractor shall submit detailed route maps, one (1) set each for
807 Residential Garbage, Recyclables, Yard Waste and Bulky Waste collection, to Augusta for Augusta's
808 review. Any routing change, which results in a change of collection days for any Residential Units,
809 Designated Non - Residential Locations and Unoccupied Locations, requires compliance with the
810 notification process described in Section 4.3. Augusta may require the Contractor to phase in collection
811 day changes and any changes affecting more than five (5) routes.
812
813 4.2.1 Route Change Requests
814 In the event collection days or routes become unbalanced due to population changes or other
815 reason, Augusta may allow the Contractor to make revisions to its initial approved route maps.
816 The Contractor shall submit any requests for changes in routing or collection schedules to
817 Augusta for Augusta's review and approval as follows:
818 a. Not less than six (6) weeks prior to the week proposed for a routing change for five
819 (5) routes or less to become effective. Augusta will approve or disapprove the request
820 within three (3) week of receipt.
821 b. Not less than twelve (12) weeks prior to the week proposed for a routing change for
822 more than five (5) routes or a collection day change to become effective. Augusta
823 will approve or disapprove the request within six (6) weeks of receipt.
824
825 4.2.2 Route Change Documentation
826 All such changed routes must be documented in the same detail as the original route maps
827 supplied by the Contractor, as described in Section 4.1, and must include the reasons for the
828 requested change and the number of Residential Units, Designated Non - Residential Locations
829 and Unoccupied Locations affected in each route. Changes shall involve easily identifiable route
830 and area boundaries for ease in communicating the change to Customers.
831
832 4.2.3 Route Change Justification
833 The Contractor shall not request any routing or collection day changes without a valid reason
834 because of the resulting confusion to Customers and increases in the number of customer service
835 calls which must be handled by Augusta staff. In addition to the Courtesy Collections provided by
836 the Contractor in accordance with Section 3.11.5, the Contractor shall provide Courtesy
837 Collection to any Residential Units, Designated Non - Residential Locations and Unoccupied
838 Locations affected by a routing or collection day change, upon request from Augusta, for a two -
839 week period following implementation of the change.
840
841 4.3 Collection Day Change Notification Process
842 The Contractor shall be responsible for the full cost and provision of notification to all Residential Units,
843 Designated Non - Residential Locations and Unoccupied Locations affected by any change in routes or
844 collection schedules, which has been approved by Augusta, which alters the day of collection. The
845 Contractor shall submit a notification plan for Augusta's review and approval, at the time of submittal of
846 any request for collection day changes. The notification plan shall outline the process recommended by
847 the Contractor.
848
849 Notification must be received by each affected Residential Unit, Designated Non - Residential Location or
850 Unoccupied Location not less than one (1) week or more than two (2) weeks prior to the starting date of
851 such change. Notice shall be made in writing to each individual Customer. Such notice shall include the
852 reason for the change and a Augusta telephone number and e-mail address to contact if further
853 information is desired. The method of notification may be a letter sent through the U.S. Postal Service to
854 every affected Customer of record, or the same letter or a door hanger hand - delivered door -to -door (either
855 handed to the Customer or left at each service address). Notification to Unoccupied Locations shall be a
856 letter sent through the U.S. Postal Service. Notification by notice attached to Roll -Out Carts is not
857 permitted. The method and date of notification and the proposed content of the notice letter or door
858 hanger must be reviewed and approved by Augusta. Augusta may conduct random inspections to ensure
859 notification procedures are being followed.
860
861 The Contractor is also responsible for ensuring that its equipment operators are fully informed of any
862 approved change, and that the change is accomplished with a minimum of disruption to Customers and
863 daily operations.
864
§ga 4.4 Route Order
867 The Contractor shall always collect each route in the order approved by Augusta. Route maps are used by
868 Augusta to document and monitor areas to be collected in order to provide good customer service to the
869 public and to respond to Customer complaints and reported collection misses. Should there be an
870 equipment failure reported to Augusta, the Contractor may request authorization from Augusta for a
871 temporary route change.
872
873 4.4.1 Damages
874 Should the Contractor collect Residential Garbage, Recyclables, Yard Waste and Bulky
875 Waste in any other order without obtaining approval of Augusta in accordance with Section
876 4.4 and 4.2, and without providing notification to affected residents before the change, the
877 Contractor shall pay Augusta Damages of five hundred dollars ($500) per route for each
878 daily occurrence.
879
880 4.4.2 Route Audits
881 Augusta shall have the right to be a passenger in the collection vehicles for the purposes of
882 auditing routes and services. Augusta shall request such activity at least 48 -hours in
883 advance.
884
885 4.5 Collection Impediments
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886 A number of collection impediments may require special effort by the Contractor to provide collection
887 service. Collection impediments of any type, in any portion of the Service Area including streets and
888 alleys, shall not result in disruption of collection service. When conditions require special efforts to
889 complete collection service, the Contractor shall make these additional efforts at no additional cost to
890 Augusta.
891
892 4.5.1 Adverse Weather
893 If the impassability of the street or alley due to extreme weather conditions is anticipated to last
894 for only one or two scheduled collection days, Augusta may elect to delay collection services until
895 conditions improve. When this occurs, the Contractor shall resume collection services on the next
896 scheduled collection day.
897
898 4.5.2 Infrastructure Construction
899 Periodically major renovation is necessary to maintain the infrastructure of Augusta. This
900 renovation includes such activities as replacing gas, water, and sewer lines, surfacing or
901 resurfacing streets, and replacing wiring for telephone, electricity, or cable television. If the
902 Contract Administrator is notified in advance of these activities, the Department will notify the
903 Contractor. However, it is not uncommon for work to be initiated without prior notification.
904 Alternate collection service must be provided during this period of disruption. Each circumstance
905 must be evaluated individually to determine the appropriate alternative. The Contractor shall
906 notify Augusta of the nature of the disruption, its location, and the Contractor's recommended
907 alternative to provide service. Augusta will either approve the alternative method or require the
908 Contractor to use a different collection method.
909
910 4.5.3 Materials Blocking the Street or Alley
911 When materials of any kind are placed in the street or alley in such a way that the collection
912 vehicle cannot proceed down the street or alley, the Contractor shall immediately notify Augusta.
913 Augusta will attempt to locate the individual responsible for the material and have them remove it.
914 However, if the responsible party cannot be located immediately and Augusta determines that the
915 amount of material is too large for the Contractor to move or to collect, Augusta will remove the
916 material blocking the street or alley and the Contractor shall provide collection service as
917 scheduled at no extra charge to Augusta. If Augusta determines that the Contractor should collect
918 the material, the Contractor shall remove the material and provide collection service as scheduled
919 at no extra charge to Augusta.
920
921 4.5.4 Illegally Parked Vehicles
922 If an illegally parked vehicle blocks a street or alley, the Contractor must inform Augusta of the
923 situation and request removal of the vehicle. Removal of the vehicle usually occurs in a matter of
924 hours, thus collection must be provided on the scheduled day. If the vehicle is not removed by the
925 end of the collection day and there is no other access to the Roll -Out Carts, the Contractor shall,
926 upon notification to and approval by Augusta, provide collection at start of shift on the following
927 day. The Contractor is responsible for follow -up with Augusta until the vehicle is removed and
928 shall inform Augusta when the vehicle is removed.
929
930 SECTION 5 - ROLL - OUT CARTS AND RECYCLABLES CARTS
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931 5.1 Provision & Maintenance of Roll -Out and Recyclables Carts
932 Except as otherwise provided for in this Agreement, Augusta will be responsible for providing and
933 delivering Roll -Out and Recyclables Carts to Customers, and delivering replacement Roll -Out and
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934 Recyclables Carts for those which are lost, stolen, damaged or worn beyond their useful life. Augusta will
935 also be responsible to repair or replace all Roll -Out and Recyclables Carts as needed.
936 5.2 Roll -Out and Recyclables Cart Size & Types
937 Roll -Out and Recyclables Carts provided to Customers by Augusta include 35- gallon, 64- gallon and 95-
938 gallon nominal capacity carts. Augusta may distribute Roll -Out and Recyclables Carts of other sizes;
939 however, all such Roll -Out and Recyclables Carts will be compatible with the approved collection
940 equipment. The number of Roll -Out and Recyclables Carts distributed will be at the sole discretion of
941 Augusta.
yi3 5.3 Roll -Out and Recyclables Cart Loss & Damage
944 The Contractor shall exercise all reasonable care and diligence to ensure that Roll -Out and Recyclables
945 Carts are not damaged by its collection vehicles while providing collection service.
946
947 When Contractor's equipment operators observe any damaged Roll -Out Cart or Recyclables Cart, the
948 Contractor shall report the address and description of the damaged Roll -Out Cart or Recyclables Cart to
949 Augusta through the onboard computer. If, in Augusta's judgment following inspection, the Contractor is
950 responsible for damaging a Roll -Out Cart or Recyclables Cart, the Contractor shall pay Augusta's fee to
951 cover the costs to repair or replace the damaged Roll -Out Cart or Recyclables Cart. Augusta will adjust
952 the payment of the Contractor's next monthly invoice in an amount equal to the cost of these repairs or
953 replacements.
954
955 From the Start Date, the Contractor will be given a waiver on Roll -Out Cart and Recyclables Cart
956 damages for a period of ninety (90) days. This time shall be used by the Contractor to identify any
957 current damages to Roll -Out and Recyclables Carts and afford Augusta time to make such repairs or
958 replacements.
959
960 5.4 Roll -Out and Recyclables Cart Placement
961 Contractor shall return Roll -Out and Recyclables Carts to their original location, or to a safe location,
962 taking special care not to create a hazard to the traveling public, not to block access to driveways or
963 mailboxes. The Roll -Out and Recyclables Carts shall be located a safe distance from either side of the
964 driveway to assure Customers are not impeded in entering their driveway. Roll -Out Carts and Recycling
965 Carts shall not be left in the gutter line of the street, but shall be placed behind the curb where curb and
966 gutter exist and off the road, on public right -of -way when no curb and gutter exist. When the Contractor
967 shall fail to meet these performance standards, the Contractor shall pay Augusta damages described
968 herein.
969
970 5.4.1 Due Care
971 The Contractor shall exercise all reasonable care and diligence to ensure that Roll -Out and
972 Recyclables Carts are not damaged by its collection vehicles while providing collection service.
973
974 5.4.2 Damages by Collection Vehicles, Actions, or Neglect
975 The Contractor shall be responsible for any damage to or loss of Roll -Out or Recyclables Carts
976 resulting from misplacement (if hit by vehicle because they are placed too near to the travel lane),
977 mishandled (damaged by or falls into the Contractor's collection truck), abuse (slinging or
978 throwing) or crushed (either by the packing blade or automated arm). The Contractor shall
979 immediately notify Augusta of any damaged Roll -Out or Recyclables Carts caused by
980 Contractor's collection vehicles, action or neglect.
981
982 a. One hundred dollars ($100) for each offense starting at the eleventh (11) violation of
983 Sections 5.4, 5.4.1, and 5.4.2 during any one (1) calendar month;
984
985 b. An additional five thousand dollars ($5,000) for each month in which there are two
986 hundred (200) or more violations of Sections 5.4, 5.4.1, and 5.4.2 in any one (1)
987 calendar month.
988
989 5.4.3 Damages - Wheels
990 The Contractor shall be responsible for any damage to or loss of Roll -Out or Recyclables Carts
991 wheels. If, in Augusta's judgment, following inspection, the Contractor is responsible for
992 damaging a Roll -Out Cart or Recyclables Cart, the Contractor shall pay Augusta's fee to cover the
993 costs to repair or replace the damaged Roll -Out Cart or Recyclables Cart.
994
995 a. Twenty -five ($25) for each offense starting at the eleventh (11) violation of Sections
996 5.4.3. during any one (1) calendar month;
997
998 b. An additional five thousand dollars ($5,000) for each month in which there are two
1888 hundred (200) or more violations of Sections 5.4.3 in any one (1) calendar month.
1001
1002 SECTION 6 — EQUIPMENT/FACILITIES
1884 6.1 Collection Vehicles
1005 The Contractor shall provide and maintain during the Contract a fleet of collection vehicles sufficient in
1006 number and capacity to perform the services described in this Agreement. All vehicles shall be
1007 appropriately licensed with the State of Georgia in Richmond County and comply with all applicable
1008 federal, state, and local laws and regulations.
1009
1010 The Contractor shall provide and use only such equipment, material, and facilities as are capable of
1011 performing quality and timely services required by this Agreement. The fleet shall be sufficient to handle
1012 the special requirements of adverse weather, holiday and Masters overloads. The Contractor's collection
1013 vehicles shall be maintained by the Contractor, kept clean, neat, kept in good repair and working order.
1014 The Contractor shall furnish, at its sole expense, whatever backup or substitute equipment may be
1015 required to continue performance of the services.
1016
1017 6.1.1 Vehicle Specifications
1018 a. All collection vehicles shall have enclosed bodies.
1019
1020 b. The Contractor may use new or used equipment so long as the equipment is capable
1021 of performing the required services in accordance with this Agreement. Collection
1022 equipment utilized in this Agreement shall not be more than three (3) years old at the
1023 Starting Date of this Agreement. In no event shall a vehicle operating under this
1024 Agreement exceed a maximum age of ten (10) years.
1025
1026 c. The noise level for collection vehicles during the stationary compaction process shall
1027 not exceed seventy -five (75) decibels at a distance of twenty -five (25) feet from the
1028 collection vehicle and at an elevation of five (5) feet from the ground elevation of
1029 such vehicle.
1030
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1031 d. Prior to the Starting Date and then quarterly thereafter, the Contractor shall supply
1032 Augusta with a list of all equipment to be used in providing services and shall notify
1033 Augusta of additions or deletions as they occur.
1034
1035 e. The Contractor shall maintain a dedicated fleet solely for use to provide Augusta,
1036 Georgia collection services included in this Contract. With Augusta approval, and at
1037 the sole discretion of Augusta, vehicles used in the provision of services under this
1038 Agreement may be used for other purposes, provided that the Contractor has made a
1039 request in writing, and such request was approved by Augusta in writing. Any such
1040 use shall not interfere in any way with the Contractor's provision of services under
1041 this Agreement. Augusta reserves its right to revoke such authorization at any time
1042 for any reason.
1043
1044 f. The Contractor shall be responsible for arranging for tare weights with the
1045 Designated Disposal Facility and the Designated Recycling Facility for all collection
1046 vehicles prior to the Starting Date, and shall periodically, upon request from Augusta,
1047 arrange for updating tare weights.
1048 g. All vehicles collecting Roll -Out or Recyclables Carts shall have cart tippers /dumpers
1049 on the collection vehicles which are operational. All such tipper /dumpers shall be
1050 designed to empty carts pursuant to ANSI Z245.30 -2008 and ANSI Z245.60 -2008.
1051 Cart tippers /dumpers shall be operated at the original equipment manufacturers
1052 specifications. Cart tippers /dumpers which do not meet this requirement shall not be
1053 used. Augusta has the right to inspect and test cart tipper /dumpers. Should a cart
1054 tipper /dumper not pass inspection, the collection vehicle shall be removed from
1055 service until such time as the deficiency has been remedied.
1056
1057 If a cart tipper /dumper is used that does not meet the above specifications, the
1058 Contractor risks being responsible for additional damages to Roll -Out Carts and
1059 Recyclables Carts to include the cost of repair or replacement under Section 5.4.
1060
1061 h. All collections vehicles used to perform functions under this Contract shall be
1062 equipped with the following in complete and sound working order:
1063
1064 1. Progressive ambient noise back -up alarm.
1065 2. Back -up camera with monitor visible from any driving position.
1066 3. A 10 pound fire extinguisher.
1067 4. A 25 person first aid kit.
1068 5. Minimum of three safety marking devices (flares, or reflective triangles).
1069 6. Rear - mounted strobe light(s) activated while collecting materials.
1070 7. A spill kit with a minimum size of 10 gallons to handle operational spills.
1071 8. Onboard computer hereinafter defined.
1072 i. All supervisors vehicles used to perform functions under the Contract shall be
1073 equipped with the following in complete and sound working order:
1074
1075 1. A 10 pound fire extinguisher.
1076 2. A 25 person first aid kit.
1077 3. Minimum of three safety marking devices (flares, or reflective triangles).
1078 4. A spill kit with a minimum size of 10 gallons to handle operational spills.
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1079 5. Onboard computer hereinafter defined.
1080 j. All collection vehicles or personnel must be equipped with a communication device
1081 (i.e. cell phone or radio) which allows for immediate communication between the
1082 collection vehicle and a supervisor, and/or the Contractor's office.
1083 k. All vehicles operated under the authority of this Contract shall be driven in
1084 compliance with Uniform Rules of the Road and Georgia State traffic laws and,
1085 where applicable, Augusta's codes, ordinances, and rules.
1086 1. The Contractor shall make a reasonable effort to empty each collection vehicle at the
1087 end of each day.
1088 m. The Contractor is responsible for any and all fees associated with disposal permits,
1089 inspection fees, IFTA stickers, etc. These permits shall be timely obtained.
1090 n. Prior to the Starting Date, and annually thereafter, the Contractor shall have a D.O.T.
1091 inspection performed on all vehicles operating under this Contract by a competent
1092 third party firm to perform such inspections. Copies of said inspection shall be
1093 supplied to Augusta within 30 days of the inspection taking place. Should a vehicle
1094 not pass inspection, it shall be removed from service until such time as the deficiency
1095 has been remedied.
1096 o. Augusta shall have the right to inspect all vehicles used in performing this Contract.
1097 Augusta shall have the right to do random spot inspections as it deems reasonably
1098 necessary. Should a vehicle not pass inspection, it shall be removed from service
1099 until such time as the deficiency has been remedied.
1100 p. All vehicles operated under this Agreement, to include collection vehicles and
1101 supervisor's vehicles, shall operate solely on Compressed Natural Gas (CNG).
1102 1. Vehicles operating on CNG shall be able to be filled at a minimum
1103 flow rate of six (6) diesel gallon equivalents (DGE) per minute.
1104 2. All vehicles operating on CNG shall be equipped with a 1000 scfm
1105 fill port for fast filling and it is recommended that they also have a
1106 5000 scfm fast fill port.
1107 3. All vehicles shall be equipped with Syntech - Fuelmaster Systems,
1108 AIMS II product which will communicate directly with the fueling
1109 island.
1110
1111
1112
1113
1114
1115
1116
1117
1118
1119
1120
1121
1122
1123
1124
1125
1126
1127
Page 23 of 74
6.2 Smart Vehicle Onboard Technology
The Contractor shall purchase, install, and utilize on -board technologies on each of the collection vehicles
and supervisor vehicles. This technology will be used to perform a variety of tasks which will provide
necessary data and service validation both for Augusta and for our customers.
6.2.1 Fully Automated Service Verification
The RFID technology shall be capable of reading Augusta's RFID tags in each Roll -Out
Cart and shall verify the accuracy of containers being serviced, including positively
identifying which customers were not serviced and why; identify which containers were
not out for collection; and which customers had extra materials for collection. It should
also identify containers that have been moved, stolen, or relocated. All such actions
should be captured by photograph attached to the customer and /or container.
6.2.2 Provide Detailed Route Sheets
Driving directions to the next stop based on the route sheets, also allow the driver to
choose the next stop manually when running the route out of sequence. When this
occurs, the system shall recalculate the route.
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Augusta, GA
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1128 6.2.3 On -Board Scale Technology
1129 Automatically record lift events and lift weights for Roll -Out carts and Recyclables Roll -
1130 Out carts for each customer.
1131
1132 6.2.4 Roll -Out Carts
1133 Automate the delivery, damage, exchanges, returns, and removals of Roll -Out Carts for
1134 each customer. This function will be performed by Augusta, but the software should be
1135 capable of supporting cart data.
1136
1137 6.2.5 Hand -Held Devices
1138 A hand -held device which integrates with the on -board computer that will allow the
1139 driver and/or supervisor to collect information while outside of the vehicle. The hand -
1140 held device shall have signature verification and RFID reader capabilities.
1141
1142 6.2.6 Global Positioning System
1143 All data gathering and tracking shall be geo -coded and provide real -time vehicle
1144 locations (within 2 minutes), route driver, and stops made.
1145
1146 6.2.7 Messaging
1147 Wireless communication to each vehicle while in the yard, en- route, or at the Designated
1148 Disposal facility, and real -time messaging between the driver and the back - office
1149 software.
1150
1151 6.2.8 Reporting
1152 A report center that allows the logging of time for breaks, customer stops, refueling,
1153 landfill, and others. This should also provide the recording of detailed events during
1154 accident situations, and the exact route each vehicle took any day. Reports should be
1155 customizable.
1156 6.3 Collection Vehicle Cleaning
1157 All collection vehicles must be kept clean, in sanitary condition, and good repair at all times. The
1158 Contractor shall ensure that all collection vehicles are washed as required to reduce possible odor, reduce
11 a vector problems and provide a positive image.
11Ai 6.4 Emergency Unloading
1163 While Augusta recognizes that an occasional emergency such as a Hot Load may require unloading a
1164 collection vehicle in the field, the Contractor shall recollect this material within two (2) hours of the
1165 unloading. The Contractor shall notify Augusta immediately of such an event and shall take whatever
1166 measures are necessary to ensure that no fire danger exists. The area must be litter free after the re-
1167 collection. The Contractor shall notify Augusta when the material has been collected; at which time
1168 Augusta may conduct a follow -up inspection to ensure that the cleanup has been completed to the
1169 satisfaction of Augusta.
1170
1171 6.4.1 Damages
1172 If the Contractor fails to collect the load and notify Augusta of such collection within two
1173 (2) hours, the Contractor shall pay Augusta in Damages one hundred dollars ($100) for
1174 each two- (2) hour period such load is not collected. If the material is not collected in a
1175 timely manner, Augusta may, in addition to assessing Damages for time delays, assess
1176 Damages of $2,000 to collect the load, and will invoice the Contractor the cost to repair
1177 any damage to Augusta's streets, sidewalks or other infrastructure as soon as Augusta can
1178
1179
1180
1181
1182
1183
1184 6.5 Vehicle Leaks & Spills
1185 Minimizing hydraulic fluid, oil leaks and spills on public or private streets and parking lots is a high
1186 priority for Augusta, Georgia. The Contractor shall maintain equipment in top mechanical condition, and
1187 the operator shall exercise vigilance in observing for leaks and spills that may develop during the
1188 collection day and take immediate corrective action to stop the leak or spill and call for cleanup of
1189 hydraulic fluid, oil, other vehicle fluids or other leaks or spills present upon the public or private streets or
1190 parking lots in accordance to the following standards.
1191
1192 6.5.1 Removal from Service /Spill Cleanup
1193 The Contractor's vehicles shall be repaired or removed from service immediately if any spill or
1194 leak is a result of a mechanical problem, or poor seal(s). The Contractor shall be responsible for
1195 applying absorbent materials, clean up, and disposal in a manner which complies with all federal,
1196 state, and local laws and regulations, of all oil spills, hydraulic fluid or other leaks or spills
1197 associated with its provision of services. In the event of a spill or leak, the Contractor shall
1198 immediately notify Augusta and shall send a representative to the location of the incident. If the
1199 spill or leak is in a street location and/or is a public safety hazard, the Contractor shall also
1200 immediately request traffic control and any other required public safety personnel. Augusta and
1201 the Contractor will evaluate the spill or leak to determine proper handling. Augusta must approve
1202 the Contractor's recommended clean -up plan, which may require steam cleaning. The clean up
1203 must commence as soon as possible but no later than two (2) hours following the spill or leak.
1204 After application of absorbent materials is complete, the Contractor is responsible for removal of
1205 the absorbent material and/or cleaning of the street, if necessary. The Contractor shall notify
1206 Augusta when the cleanup is completed so that a follow -up inspection can be conducted to ensure
1207 that the cleanup has been completed to the satisfaction of Augusta. Any fluids associated with the
1208 spill or the cleanup shall be recovered for proper disposal and shall NOT be released into the
1209 storm water system.
1210
1211 6.5.2 Damages
1212 In the event the vehicle operator fails to remove the leaking vehicle from service or call for the
1213 on -call mechanic to make field repairs, and continues collecting the route spreading puddles of
1214 hydraulic fluid, oil, other vehicle fluids or other leaks or spills throughout the road system, the
1215 Contractor shall be subject to Damages in the amount of $3,000, plus the damages described
1216 below.
1217 a. In the event that Contractor does not clean up any spill or leak within the time
1218 specified above, the Contractor shall be subject to Damages in the amount of one
1219 thousand five hundred dollars ($1,500) for each such occurrence. The Contractor
1220 shall endeavor to prevent such occurrences by whatever means possible.
1221
1222 b. If the Contractor fails to initiate proactive measures necessary to reduce the
1223 frequency and severity of vehicle leaks or spills the Contractor shall, in addition to
1224 the Damages described above, be subject to the following Damages:
Page 25 of 74
assess the costs of such damages to infrastructure. All repairs to Augusta property shall
be completed by a licensed professional and in a means and matter approved by Augusta.
Augusta shall not be liable to Contractor for any damage to Contractor's collection
vehicles or injury to Contractor's personnel, or any other damage or injury, as a result of a
Hot Load.
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Augusta, GA
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Page 26 of 74
1225 (i) One thousand dollars ($1,000.00) for each leak or spill during any
1226 one- (1) month period in which there were three (3) or more leaks or
1227 spills;
1228
1229 6.6 Vehicle Identification and Presentation
1230 Each Contractor vehicle will be clearly identified with the Contractor name, a vehicle number, and a local
1231 telephone number that can be clearly read from a distance of 100 feet.
1232
1233 6.6.1 Marketing Campaign — Vehicles
1234 The Contractor shall provide trucks that have been wrapped in a marketing campaign that address
1235 the following issues. At a minimum, it shall include Augusta phone number and Augusta email
1236 and/or web site information. Wraps may need to be replaced from time to time, to ensure that
1237 their appearance is acceptable to Augusta.
1238 a. Recycling awareness and participation
1239 b. Waste reduction strategies
1240 c. Eco friendly solutions
1241 d. Composting
1242 e. CNG Benefits
1243 f. Others as approved
1244
1245 6.7 Facilities
1246 The Contractor shall operate a facility within Augusta, Georgia, and will license /tag all vehicles utilized
1247 by the Contractor in the performance of this Contract in Augusta.
1248
1249 SECTION 7 - DISPOSAL AND PROCESSING SITES
1250 7.1 Ownership of Solid Waste Materials
1251 The Contractor shall have ownership of solid waste from the time of collection until the materials are
1252 deposited at the Designated Disposal Facility or the Designated Recycling Facility.
1253 7.2 Designated Disposal and Recycling Facilities
1254 The Contractor shall be responsible for abiding by all rules and policies pertaining to the delivery of
1255 Residential Garbage, Yard Waste and Bulky Waste as directed by the Designated Disposal Facility, and
1256 delivery of Recyclables as directed by the Designated Recycling Facility. A copy of the current policies
1257 and procedures for the Designated Disposal Facility and Designated Recycling Facility will be provided
1258 to the Contractor by Augusta, and are subject to modification from time to time.
1259
1260 7.2.1 Designated Disposal Facility
1261 All Residential Garbage, Yard Waste and Bulky Waste shall be delivered to the Deans Bridge
1262 Road Landfill, located at 4330 Deans Bridge Road, Blythe, Georgia 30805.
1263
1264 Disposal of Residential Garbage, Yard Waste and Bulky Waste will be provided by Augusta at no
1265 charge to the Contractor for all materials delivered to the Designated Disposal Facility.
1266
1267 Mixing of non - contract solid waste is strictly prohibited, and will be considered a breach of
1268 contract.
1269
1270 7.2.2 Designated Recycling Facility
1271 All Recyclables shall be delivered to the transfer station located at 3946 Goshen Industrial Blvd,
1272 Augusta, Georgia, 30906 or other location as may be determined by Augusta from time to time.
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Augusta, GA
Page 27 of 74
1273
1274 Disposal of Recyclables will be provided by Augusta at no charge to the Contractor for all
1275 materials delivered to the Designated Recycling Facility.
1276
1277 7.2.3 Damages
1278 If the Contractor delivers Recyclables to the landfill, Damages in the amount of five hundred
1279 dollars ($500.00) per incident will be assessed.
1280
1281 7.3 Non Contract Waste
1282
1283 Beginning on the Effective Date, the Contractor servicing Designated Collection Area 1 has the right to
1284 bring Augusta non - contract waste collected, or under its control, where economically feasible, in the areas
1285 surrounding Richmond County. The Contractor shall pay Augusta the standard volume based disposal
1286 rates from 0 -5000 tons per month. The Contractor shall pay Augusta $17.00 dollars per ton on the 5001-
1287 10,000 tons per month. After that the standard volume based disposal rates shall apply.
1288
1289 a. The tons being charged at the reduced rate will factor into the standard volume based rates
1290 tonnages.
1291
1292 b. Augusta shall be entitled to the same CPI Adjustment as afforded the Contractor in Section 12.3.
1293 All the same general conditions of adjustment shall apply with the exception that Augusta does
1294 not have to provide notice as required under Section 12.3.1 (b).
1295
1296 7.4 Additional Non - Contract Waste
1297 The Contractor, with Augusta's prior approval, may market Augusta's landfill in an effort to generate
1298 additional revenues for both the Contractor and Augusta. Negotiated disposal pricing must be approved
1299 by the Environmental Services Director and Augusta's Administrator.
1300
1301 SECTION 8 — MEDIA AND CAPITAL COSTS
1302
1303 8.1 Media Design and Distribution
1304 Between the Effective Date and the Start Date, the Contractor shall provide a Media Design and
1305 Distribution firm capable of designing, distributing, and producing the following items. The estimated
1306 expense per Designated Collection Area awarded is $75,000.00. The schedule of such services shall be
1307 coordinated with Augusta to insure a timely implementation.
1308
1309 8.1.1 Internet Site
1310 This shall include the acquiring and hosting of the domain name "augustasolidwaste.com ". The
1311 website shall be interactive and capable of providing fill -able forms, customer service
1312 information, and educational items, at a minimum. The content will be coordinated, specified,
1313 and approved by Augusta. Said domain name will be transferred to free and clear to Augusta at
1314 the termination of this Agreement.
1315
1316 8.1.2 Truck Media
1317 The Media firm will design, produce, and install various vehicle media and wraps as approved by
1318 Augusta. The Contractor shall bear all costs for the production and installation of media items on
1319 their collection vehicles. All vehicles shall state that they are fueled by CNG ". See Section 6.6.1
1320 for details.
1321
1322 8.1.3 Pamphlets, Handouts, Advertising, Public Service Announcements
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1323 The Media firm will be capable of designing pamphlets, handouts, large advertising pieces (such
1324 as newspaper advertisements and billboards), as well as Public Service Announcements at the
1325 direction and approval of Augusta.
1326
1327 8.1.4 Other Media
1328 Augusta may utilize the funds for other media which may include newspaper advertisement,
1329 billboards, or other forms of advertisement or public relations as Augusta deems appropriate.
1330
1331 8.1.5 Annual Media
1332 The Contractor will provide additional funds in the amount of $50,000 per year per Designated
1333 Collection Area for updates to the media items, as well as additional media items as Augusta
1334 deems appropriate.
1335
1336 8.2 Capital Costs
1337 Between the Effective Date and the Start Date, the Contractor shall provide the following items per
1338 Designated Collection Area awarded.
1339
1340 8.2.1 Roll -Out Carts
1341 The Contractor awarded Designated Collection Area One (1) and Designated Collection Area
1342 Two (2) shall each provide:
1343 1. 8,000 96- gallon Cascade Engineering Roll -Out Carts to Augusta. Such Roll -Out Carts
1344 will be the same specification as Augusta currently owns. These Roll -Out Carts shall
1345 include in their cost, the RFID Chip, and Assembly and Delivery. These shall be
1346 provided prior to the Start Date.
1347 2. 1,000 96- gallon Cascade Engineering Recyclables Carts. Such Recyclables Carts will be
1348 the same specification as Augusta currently owns. Those Recyclables Carts shall include
1349 in their cost, the RFID Chip, In -mold recycling label and delivery to Augusta's Solid
1350 Waste Facility. These shall be provided prior to the Start Date.
1351 3. At a mutually agreeable time, 2,000 96- gallon Cascade Engineering Roll -Out Carts to
1352 Augusta. Such Roll -Out Carts will be the same specification as Augusta currently owns.
1353 These Roll -Out Carts shall include in their cost, the RFID Chip and delivery to Augusta's
1354 Solid Waste facility.
1355 4. At a mutually agreeable time, 2,500 96- gallon Cascade Engineering Recyclables Carts.
1356 Such Recyclables Carts will be the same specification as Augusta currently owns. Those
1357 Recyclables Carts shall include in their cost, the RFID Chip, In -mold recycling label and
1358 delivery to Augusta's Solid Waste Facility.
1359
1360 The Contractor awarded Designated Collection Area Three (3) shall provide, prior to the Start
1361 Date, spare parts from Cascade Engineering. This shall include 30 pallets of wheels and axles, as
1362 well as 200 bars, and 200 Recyclables Cart lids. All items will be of a size and type to match the
1363 existing Augusta inventory.
1364
1365 8.2.2 Management Software
1366 A one -time fee of $100,000 for software licensing, set up, and integration will be provided at the
1367 inception of the contract per Designated Collection Area. Each contract year thereafter, $50,000
1368 will be provided for ongoing licenses, technology support, and programming per Designated
1369 Collection Area.
1370
1371 8.2.3 Hand - Held Solutions
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1372 Three portable Windows CE -based hand -held devices will be provided to Augusta for their use in
1373 support and management of this Contract per Designated Collection Area. The devices will be
1374 capable of integrating with the on -board vehicle units and will be equipped with RFID readers,
1375 signature capture, and the ability to enter data. This shall include the cost of any monthly access
1376 or service fees.
1377
1378 8.2.4 CNG Station
1379 The Contractor awarded Designated Collection Area One (1) and Designated Collection Area
1380 Two (2) shall design and build a CNG station for the use under this Agreement. Such station
1381 shall be designed with Augusta's input. For Designated Collection Area One (1), a one -time fee
1382 of $2,650,000.00, for Designated Collection Area Two (2), a one -time fee of $2,650,000.00, for
1383 the development of CNG and LFG infrastructure, at an Augusta identified location and
1384 constructed by a mutually- agreed upon contractor. The CNG stations shall be operational by
1385 January 18, 2013, and on or before that date, the title to such property, equipment and
1386 improvements shall be transferred to Augusta, free and clear. Specifications for the construction
1387 of the station shall be provided once the Contract is awarded.
1388
1389 8.2.5 Additional CNG Infrastructure
1390 The Contractor awarded Designated Collection Area Two (2) and Designated Collection Area
1391 Three (3) shall provide an additional $2,650,000.00 for Augusta's use. Such funds shall be paid
1392 in the fifty fourth (54) month of the Agreement.
1393 8.3 Annual Survey
1394 An annual customer satisfaction survey that will be administered by a professional survey company
1395 selected by Augusta and paid for by the Contractor. This survey will target areas where service problems
1396 or poor participation are observed, and for the purpose of this Contract is valued at $15,000.00 per
1397 Designated Collection Area.
1398 Augusta will evaluate the results of the survey in conjunction with the profile of the key performance
1399 measures to determine the overall performance of the Contractor. Augusta will review the results of the
1400 Monthly Performance Summary with the Contractor on at least a quarterly basis and the Contractor
1401 agrees to implement measures as necessary to improve areas identified as requiring improvement. The
1402 Contractor recognizes that these results will be compiled by Augusta and may be presented internally or
1403 publically.
1404
1405 Contractor acknowledges that its performance relative to the Monthly Performance Summary shall not be
1406 construed to mean that the Contractor is meeting its performance obligations as required by this
1407 Agreement. Should the Contractor not comply with any other material provision of this Agreement,
1408 Augusta may declare the Contractor in default notwithstanding its performance levels relative to the
1409 Monthly Performance Summary.
1410
1411 8.4 Unused Funds
1412 Any unused funds from the activities in this Section shall be credited to Augusta on the final statement of
1413 each year.
1414
1415 SECTION 9 - CUSTOMER SERVICE
1416
1417 9.1 Requests for Service
1418 Augusta's Customer Care Center is responsible for receiving Customer inquiries, Requests for Service,
1419 and complaints related to service in the Service Area. Upon receipt of a call requiring follow -up by the
1420 Contractor, the Customer Care Center will prepare a Request for Service form and send such forms
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142f electronically to both the Contractor and the Environmental Services Department representative
1422 responsible for monitoring the Contractor's services under this Contract. The Contractor shall provide a
1423 computer system that is in compliance with Section 9.3 below. In the event that the Contractor receives
1424 any telephone calls from Customers, other than in response to follow -up property damage calls as
1425 described in Section 10.3, the Contractor shall refer such calls to Augusta.
1426
1427 9.1.1 Receipt of Requests for Service
1428 Once a Request for Service has been sent by Augusta, it shall be considered as received by the
1429 Contractor, therefore the Contractor shall ensure that its system for receipt of Requests for
1430 Service is operational at all times and monitored, at a minimum, at all times during the office
1431 hours set forth in Section 10.1 and any other time as necessary for the Contractor to comply with
1432 the requirements of this Agreement.
1433
1434 9.1.2 Completion of Service Request
1435 The Contractor shall notify Augusta, through its response to the Request for Service, of the
1436 Contractor's actions taken in response to the Request for Service including the date and time the
1437 request was completed.
1438
1439 9.1.3 Monthly Reports
1440 Augusta shall keep a record of the total number of Requests for Service received related to the
1441 Service Area by the Contractor under this Agreement. These records will be transmitted to the
1442 Contractor monthly.
1443 9.2 Customer Service
1444 The Contractor shall be responsible for responding to Customer requests for information that may be
1445 received by its employees in the course of providing services. To assist the Contractor in providing such
1446 information, Augusta will supply the Contractor with literature regarding Augusta services and the
1447 Contractor shall ensure that such literature is available at all times in all collection vehicles for use by its
1448 equipment operators. All literature used by the Contractor for this purpose must either be supplied by or
1449 approved by Augusta prior to use.
1450 9.3 Computer Hardware and Software Requirements
1451 The Contractor shall provide network access with sufficient bandwidth and speed to transfer data in a
1452 timely manner between the Customer Care Center and the Contractor's operation center in a manner
1453 acceptable to Augusta. The Contractor's computer system shall be capable of running in a Windows
1454 environment and at an appropriate version of Windows to be compatible with Augusta's software.
1455
1456 9.3.1 Software Requirements
1457 The Contractor shall acquire and operate at least one stand -alone license for Insight of the
1458 appropriate release to support the customer service software. The customer service software
1459 (Insight) and data shall remain the sole property of Augusta.
1460
1461 Augusta shall provide a customer service software capable of tracking complaints by street
1462 address. The data collected shall include route number, scheduled day of pickup, type of
1463 complaint, date, time, method of resolution, and related comments such as special conditions or
1464 services provided at the location. The ability to maintain a historical record of complaints and
1465 activities at this address, to transmit work orders, and to prepare daily or monthly reports sorted
1466 by day of week, address, street or neighborhood, and the ability to transmit data to remote
1467 locations are also required.
1468
Solid Waste & Recyclables Collection
Augusta, GA
1$�9
10.1 Contact with Contractor
Page 31 of 74
1469 Augusta shall be responsible for all data integrity including routine system maintenance, backups,
1470 and data recovery. The Contractor shall be responsible for system maintenance includes
1471 troubleshooting at the Contractor's facility.
1472
1473 System availability will be a minimum of 12 hours per day, 5 days per week as defined by
1474 Augusta.
1475
1476 The Contractor shall provide a firewall between their facilities and Augusta facilities acceptable
1477 to Augusta for the protection and integrity of Augusta's network.
1478
1479 SECTION 10 - PERSONNEL AND SAFETY
1482 10.1.1 Contractor Facility
1483 Throughout the Contract Term, the Contractor shall establish and maintain a local facility
1484 capable of receiving Requests for Service electronically and by telephone, and to dispatch
1485 appropriate trucks and personnel to respond to Request for Service or to respond to service
1486 complaints such as Littering, property damage, or Vehicle Leaks and Spills within the time
1487 limits established in this Agreement.
1488
1489 The contractor facility should be of sufficient size and type to house all vehicles used under
1490 this contract, maintenance and cleaning for all vehicles operated under this contract, an office
1491 of sufficient size for contractor staff, and storage space for equipment as needed.
1492
1493 10.1.2 District Manager
1494 All Contractor personnel shall be directed by a District Manager permanently stationed
1495 within Augusta. The Contractor shall furnish Augusta the name of the District Manager prior
1496 to the Starting Date and shall notify Augusta immediately if the District Manager is changed
1497 at any time. The Contractor's District Manager shall serve as the contact person for dealings
1498 and communications with the Contractor. A request to the Contractor's representative shall
1499 always constitute a request to the Contractor.
1500
1501 10.1.3 Office Hours and Contact Personnel
1502 A responsible person in charge shall be present at the Contractor's local office during the
1503 time period of 8:00 a.m. to 5:15 p.m. Monday through Friday, and on Saturday when
1504 collection is scheduled, with the authority to make decisions relevant to operations under this
1505 Agreement.
1506
1507 Route supervisors will be accessible by telephone between the hours from 6:30 a.m. to 8:00
1508 p.m. on all days when collection operations are in progress. The names and phone numbers
1509 of emergency representatives shall be given to Augusta prior to the Starting Date, and shall
1510 be updated as soon as any changes are made. Contractor's emergency representative shall be
1511 responsible for responding to any Requests for Service from Augusta on non - collection days
1512 and evenings, as described in this Agreement. If Friday is a scheduled collection day, misses
1513 will be collected on Saturday.
1514
1515 10.1.4 Augusta Contact Persons
1516 Augusta will designate a contact person for operational issues and a contact person for
1517 Agreement administration issues. It is, however, recognized that daily operational
Solid Waste & Recyclables Collection
Augusta, GA
Page 32 of 74
1518 communications will occur at all levels of staff. To the extent that these communications
1519 facilitate job performance, they are encouraged.
1520
1521 10.1.5 Communication Devices
1522 The Contractor shall provide, at the Contractor's cost, sufficient communicating devices to
1523 facilitate good two -way communication between Contractor personnel, Augusta Customer
1524 Care Center, and Augusta Environmental Services Department supervisory staff and support
1525 personnel.
1526 10.2 Employees: Character of Workers
1527 All employees, subcontractors, superintendents, foremen, and workers employed by the Contractor shall
1528 be competent and careful workers, skilled in their respective trades. The Contractor shall not employ any
1529 person who repeatedly engages in misconduct or is incompetent or negligent in the due and proper
1530 performance of his or her duties under this Agreement. The Contractor shall furnish such supervision,
1531 labor, and equipment as is considered necessary for the fulfillment of the services in an acceptable
1532 manner at a satisfactory rate of progress.
1533
1534 10.2.1 Drug -Free Work Place
1535 The Contractor shall prohibit the use of intoxicating and /or illegal substances by its employees,
1536 subcontractors, superintendents, foremen, and workers while on duty or in the course of
1537 performing their duties under this Agreement. Records of any such substance testing will be
1538 provided to Augusta upon written request.
1539
1540 10.2.2 Uniforms
1541 The Contractor's employees, subcontractors, superintendents, foremen, and workers shall be
1542 required to wear a clean uniform bearing the Contractor's name. The uniform shall meet an ANSI
1543 class II standard for reflectivity and visibility. Employees, who normally and regularly come into
1544 direct contact with the public, including drivers, shall bear some means of individual
1545 identification such as a nametag or identification card.
1546
1547 10.2.3 Driver Credentials
1548 Employees driving the Contractor's vehicles shall at all times possess and carry a valid
1549 Commercial Driver's License issued by the State of Georgia or South Carolina for the class
1550 appropriate to the weight of the vehicle being driven. Augusta reserves the right to require the
1551 Contractor to provide proof of compliance with federal laws regarding Commercial Driver's
1552 Licenses, specifically information regarding drug testing.
1553
1554 10.2.4 Contract Employees
1555 The Contractor's employees, officers, agents, and subcontractors shall, at no time, be allowed to
1556 identify themselves or in any way represent themselves as being employees of Augusta.
1557
1558 10.2.5 Removal of Contractor Employee
1559 Augusta shall have the sole right to require the removal and replacement of a Contractor's or
1560 subcontractor's employee working under this Contract. Augusta shall exercise such a right by
1561 providing written notice to the Contractor.
1562
1563 Contractor will replace any personnel who separate from the Contractors employment with equivalently
1564 qualified persons. The Contractor will replace such personnel as soon as reasonably possible.
1565 10.3 Property Damage /Accidents
1566 10.3.1 Property Damage
Solid Waste & Recyclables Collection
Augusta, GA
Page 33 of 74
1567 As between Augusta and the Contractor, the Contractor shall retain full responsibility for all
1568 claims of damage to private property caused by the negligence or willful misconduct of the
1569 Contractor. In the event of any property damage caused by the Contractor, the Contractor shall:
1570 a. Immediately notify Augusta Customer Care Center and Environmental Services
1571 Department by telephone.
1572 b. Leave a notice at the time of the damage at the Residential Unit, Designated Non -
1573 Residential Location, Unoccupied Location or the location where the damage occurred,
1574 informing the Customer of the damage and the telephone number of the Contractor to call for
1575 follow -up.
1576 c. Provide a written explanation to Augusta of the circumstances, results of any
1577 investigation, and disposition of the claim.
1578 d. Notify the Customer within ten (10) working days in writing of the disposition of the
1579 claim and provide a copy to Augusta. If the Contractor assumes responsibility for the
1580 damages, the notification shall include a date by which remedial action will be completed.
1581 e. The Contractor shall refer all calls regarding reporting of property damage to Augusta
1582 and Augusta will forward such claims to the Contractor in the form of a Request for Service.
1583 f. Should repair be required, the Contractor shall provide appropriately licensed personnel
1584 to complete the repair.
1585
1586 10.3.2 Claims Resolution
1587 The Contractor shall use its best efforts to promptly and expeditiously resolve claims. In the
1588 event that the Contractor denies responsibility for damages and the Customer pursues a remedy,
1589 Augusta may investigate. If Augusta believes that the Contractor is responsible and the
1590 Contractor continues to deny responsibility, Augusta may pursue, and the Contractor shall be
1591 obligated to the dispute settlement procedures as described in Section 20.16.
1592
1593 10.3.3 Damages
1594 If the Contractor does not notify Augusta of damages, the Contractor shall pay damages in the
1595 amount of $2,000.00 for each occurrence.
1596
1597 10.3.4 Accidents
1598 The Contractor shall immediately notify by telephone Augusta Customer Care Center and the
1599 Environmental Services Department of all vehicular accidents in which there is serious personal
1600 injury or a fatality. The Contractor shall notify Augusta Customer Care Center and the
1881 Environmental Services Department of all other accidents in a timely manner.
ig84 10.4 Care and Diligence/Littering
1605 The Contractor shall exercise all reasonable care and diligence in collecting Residential Garbage,
1606 Recyclables, Yard Waste and Bulky Waste. Collection service shall be accomplished in a manner, which
1607 contributes to a litter -free environment. Every effort must be made to prevent spilling, scattering,
1608 dropping, or littering of Residential Garbage, Recyclables, Yard Waste and Bulky Waste during the
1609 collection process and during transit to and from the Designated Disposal Facility, or Designated
1610 Recycling Facility. However, in the event that Residential Garbage, Recyclables, Yard Waste, or Bulky
1611 Waste are spilled, scattered, dropped, or littered, the Contractor's equipment operator shall immediately
1612 clean up the material, place it in the Roll -Out or Recyclables Cart, and collect the Cart contents. If any
1613 litter escapes from Contractor's collection vehicles on any roadways, the Contractor's equipment operator
1614 must immediately collect such litter. In the event that Contractor does not immediately collect such litter,
1615 the Contractor shall be subject to Damages in the amount of two hundred and fifty dollars ($250.00) for
Solid Waste & Recyclables Collection
Augusta, GA
Page 34 of 74
1616 each such occurrence. The Contractor shall endeavor to prevent such occurrences by whatever means
1617 possible.
1618
1619 The Contractor acknowledges that streets and alleys frequently include multiple utility features.
1620 Therefore, particular attention shall be given to the location of water meters, transformers, guy wires,
1621 utility poles, irrigation sprinkler heads and other private property features. Authorization to use the street
1622 or alley does not abrogate the Contractor's responsibility to exercise caution in relationship to the property
1623 of other authorized users.
1624
1625 10.4.1 Damages
1626 As stated above, in the event that Contractor does not immediately collect such litter, the
1627 Contractor shall be subject to Damages in the amount of two hundred and fifty dollars
1628 ($250.00) for each such occurrence.
1629
1630 10.5 Operator Awareness Training
1631 The Contractor shall be responsible for maintaining levels of operator participation regarding correct
1632 collection of Residential Garbage, Recyclables, Yard Waste and Bulky Waste; additional Carts; holiday
1633 collection, safe driving and operations, as well as all other contract provisions.
1634
1635 The Contractor shall be responsible for ongoing training of existing and new employees.
1636
1637 10.6 Communication Plan
1638 Within 30 -days of approval of this Contract and by January 1 and July 1 of each year the Contract
1639 remains in effect, the Contractor shall submit a written Communication Plan to Augusta for review and
1640 approval. The Communication Plan shall identify key operations and administrative personnel and
1641 include the contacts' name, title, primary area of responsibility, immediate supervisor including his/her
1642 office, home and cellular telephone number, pager number and email addresses for work day and after
1643 hour contact. The Communication Plan and /or contact names shall be updated as changes are made, but in
1644 no event less than semi - annually. The Communication Plan shall be included as an Appendix to this
1645 Contract once completed and approved by Augusta.
1646
1647 SECTION 11 REPORTING REQUIREMENTS
1648
1649 11.1 Daily Communication/Reports
1650 In addition to communications requirements described throughout this Contract, the Contractor shall be
1651 responsible for providing, at a minimum, the following information and reports to Augusta on a daily
I gB' basis:
1654 1. Listing of missed collections, or other problems remaining unresolved from the previous
1655 day and how they will effect today's operations.
1656 2. Listing of all confirmed, collected locations.
1657 3. Listing of all locations which were not collected which could include locations which
1658 were not out or available for service, services which were blocked, routes which did not get
1659 completed, or non - collected Solid Waste due to contract limits being exceeded.
1660 4. Responses to Requests for Service.
1661 5. Production data to include fuel usage, hours, and mileage.
1662 6. Roll -Out and Recyclables Cart repair needs identified by the Contractor.
1663 7. Street or alley repair needs identified by the Contractor.
1664 8. Other information as requested by Augusta.
1665
Page 35 of 74
1666 The information listed above shall be submitted in a format approved by Augusta.
1667
1668 Augusta and the Contractor shall meet on a monthly basis, or as often as deemed necessary by Augusta, to
1669 review and discuss any operational issues, Contractor's performance, and any other issues pertaining to
1670 services provided under this Agreement.
1671
1672 11.2 Monthly Reports
1673 The Contractor shall submit monthly reports via an electronic format acceptable to Augusta during the
1674 Contract Term commencing one (1) month after Contractor commences services. These reports shall be
1675 due by the 20th day of the month following the month for which the services were performed. Augusta
1676 may withhold up to twenty -five percent (25 %) of the latest monthly invoice until all items required in the
1677 report are submitted to Augusta. Augusta will pay the balance of the invoice after the required items are
1678 provided. At a minimum, the monthly report shall include:
1679 1. Deliver a trends report on the utilization and weights of the Recyclables collection
1680 program.
1681 2. Deliver a trends report on the utilization and weights of the Yard Waste collection
1682 program.
1683 3. Summary description of any property damage, including status and /or final
1684 disposition.
1685 4. A narrative description of any significant operational issues during the month.
1686 5. Required forms relating to section 11.6 of the Agreement.
1687 6. Other information as requested by Augusta.
1688
1689 11.3 Record Keeping, Accounting, and Auditing
1690 The Contractor shall keep and maintain complete and detailed records including, but not limited to the
1691 following:
1692 1. Records that provide the basis for the reports required under Section 12 including all matters
1693 affecting amounts payable by or to Augusta or the Contractor,
1694 2. Policies for required insurance, policy amendments, and all other related insurance
1695 documents,
1696 3. Accounting records and vouchers evidencing all costs, receipts, payments, and any other
1697 matter of accounting associated with the Contractor's performance in accordance with generally
1698 accepted accounting principles and
1699 4. Copies of bond documents for both payment and performance bonds.
1700
1701 11.3.1 Auditing
1702 The Contractor's books, records, and accounts shall accurately, fairly, and in reasonable detail
1703 reflect all Contractor's dealings and transactions, and shall contain sufficient data to enable those
1704 dealings and transactions to be audited in accordance with generally accepted governmental
1705 accounting and auditing standards.
1706
1707 Augusta, or its audit representative, shall have the right at any reasonable time to inspect, copy,
1708 and audit records relating to the services accounting records, vouchers, and their source
1709 documents which serve as the basis for costs, receipts, and payments. The said records shall be
1710 available for Augusta's inspection and audit for a period of three (3) years following the
1711 termination of this Agreement, and any extension of this Agreement and for such further periods
1712 as may be necessary to resolve any matters which may be pending at that time or any longer
1713 period required by applicable law. The Contractor shall make available at Contractor's Augusta
1714 offices any such records to Augusta upon request.
1715
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Augusta, GA
Solid Waste & Recyclables Collection
Augusta, GA
Page 36 of 74
1716 11.3.2 Financial Condition
1717 The Contractor shall immediately notify Augusta should it become apparent that the Contractor
1718 is unable to pay its debts as they become due and payable or if there is an adverse change in the
1719 Contractor's financial condition. The Contractor shall, upon Augusta's request, provide to
1720 Augusta the Contractor's most recent audited financial statements or un- audited statements if the
1721 audited statements are not then available.
1722 11.4 Reliability of Reports
1723 The Contractor represents that all information the Contractor has provided or will provide to Augusta is
1724 true and correct and can be relied upon by Augusta. Any material false or misleading information or
1725 omission shall be just cause for Augusta to terminate this Agreement and/or pursue any other appropriate
1726 remedy.
11.5 Observation and Inspection
1729 Augusta, its representatives, and invitees shall have the right to observe and inspect operations at all
1730 times, provided it is conducted in such a manner so as to minimize interference with the Contractor's
1731 performance and operations. The inspection may review operating records for the current and previous
1732 contract years, and may consist of an inspection of the physical areas of operations and equipment with
1733 emphasis on contract compliance, safety and hazard mitigation.
1734
1735 Augusta, at its own expense, may at any commercially reasonable time inspect any and all records
1736 relating to the services performed to verify that the services are being performed in accordance with this
1737 Agreement.
1738
1739 Augusta's inspections shall not relieve the Contractor of any of its obligations herein or impose any
1740 liability upon Augusta.
1741 11.6 Local Small Business Language
1742 In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractor expressly agrees to collect and
1743 maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small
1744 Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements
1745 of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance
1746 with AUGUSTA, GA. CODE § 1- 10- 129(d)(7), for all contracts where a local small business goal has been
1747 established, the contractor is required to provide local small business utilization reports. Contractor shall
1748 report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall
1749 provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta,
1750 Georgia. Such documents shall be in the format specified by the Director of minority and small business
1751 opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide
1752 such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to
1753 exercise any of the remedies set forth, including but not limited to, withholding payment from the
1754 contractor and/or collecting liquidated damages.
1755
1756 Contractor has agreed to a Local Small Business goal of twenty-five percent (25 %). In accordance with
1757 Augusta, GA. Code § 1- 10- 129(d)(7), Contractor will submit local small business utilization reports and
1758 any additionally required information as provided for in Appendix F
1759
1760 SECTION 12 - COMPENSATION
1761
1762 12.1 Basis and Method of Payment
Page 37 of 74
1763 The Contractor shall offer the services described herein at the following rates beginning at the
1 igi commencement of the Contract Term:
1766
1767
1768
1769
1770
1771
1772
1773
1774
1775
1776
1777
1778
1779
1780
1781
1782
1783
1784
1785
Residential Unit
Garba :e - Once ter week
Rec clables - Once s er week
Yard Waste - Once . er week
Bulk Waste - Once . er week
Rec din!, Perks $ 0.35
Desi nated Non - Residential Location
Garba :e - Once . er week
Rec clables - Once . er week
Rec clin ! Perks $ 0.35
Unoccu s ied Location
Yard Waste - Once . er week
Bulk Waste - Once .er week
Residential Unit
Garba .te - Once 9 er week
Rec clables - Once ser week
Yard Waste - Once . er week
Bulk Waste - Once ' er week
Rec clin: Perks $ 0.35
Desi nated Non - Residential Location
Garba:e - Once er week
Rec clables - Once t er week
Rec clin: Perks $ 0.35
Unoccu • ied Location
Yard Waste - Once l er week
Bulk Waste - Once , er week
The listed unit price shall be adjusted annually for inflation beginning January 2015 in accordance with
Section 12.3.
12.2 Number of Collection Points
Augusta shall pay the Contractor monthly for all services rendered as defined by this Contract. Payment
shall be based on the actual number of Residential Units, Designated Non - Residential Location(s) and
Unoccupied Locations serviced as well as additional services as allowed by this Contract. Adjustments in
the Residential Unit count, Designated Non - Residential Location count and Unoccupied Location(s)
count shall be made each month. A unit shall be considered billable if the Residential Unit, Designated
Non - Residential Location or Unoccupied Location had been receiving services for the majority of the
month. After services have been rendered, a Residential Unit, Designated Non - Residential Location or
Unoccupied Location will be removed from billing if services were not rendered for the majority of the
month.
12.3 Inflation Factor - CPI Adjustment
The Contractor shall be entitled to seventy percent (70 %) of the actual percentage change in the CPI (as
hereinafter defined).
Solid Waste & Recyclables Collection
Augusta, GA
Solid Waste & Recyclables Collection
Augusta, GA
1786 The "CPI ". Means the Consumer Price Index for All Urban Consumers ( "CPI -U "), Atlanta, Georgia —
1787 Atlanta, Georgia, All Items, 1982 -1984 equals 100, published by the United States Department of Labor,
1788 Bureau of Labor Statistics ( "BLS "), or its successor. If BLS designates an index with a nes title or code
1789 number or table number as being the continuation of the index cited above, the new index will be used, or
1790 if no new index is designated, the most nearly compatible index shall be used.
1791
1792 12.3.1 General Conditions for Adjustments
1793
1794 a. The CPI Index percentage change will be determined from January P to December 31s
1795 of the previous year, with an implementation of any adjustment being made on January
1796 1 and every January 1S thereafter with the first adjustment starting in January of 2015.
1797
1798 b. The Contractor must notify Augusta in writing by April 30 of each year beginning in
1799 April of 2014, of the percentage of any rate adjustment as well as the new rates to be
1800 implemented as allowed under this section. If timely notice is not received by Augusta,
1801 no increase will be allowed for that year.
1802
1803 c. Should the CPI Index show a decrease, Augusta will automatically be entitled to a
1804 reduced cost up to the allowable limits as defined hereinafter.
1805
1806 d. In any event, the adjustment will be limited to a maximum increase or decrease of four
1807 percent (4 %) annually.
1808 12.4 Payment Reduction for Damages
1809
1810 Damage charges will be monitored monthly and reviewed with the Contractor each month. Augusta will
1811 deduct any damages owed Augusta from the next payment owed to the Contractor. If the contract is not
1812 extended or renewed in accordance with the contract conditions, Augusta will deduct any remaining
1813 damages owed Augusta from the last payment. However, in no event is Augusta prohibited from taking
1814 actions to collect any unpaid amount owed to Augusta.
1815
1816 12.5 Fuel
1817 Augusta shall provide CNG for use by the Contractors performing under this Agreement. The
1818 Contractors shall pay Augusta $4.00 per Diesel Gallon Equivalent (DGE) for vehicles operated under this
1819 Agreement. Augusta will provide monthly fuel usage to the Contractor and the cost of fuel will be
1820 credited to Augusta on the Contractor's monthly invoice. For non - contract vehicles operating on CNG
1821 (those not operating under this Agreement), Augusta may negotiate a CNG fuel price separate from this
1822 Agreement.
1823 12.5.1 Augusta shall be entitled to the same CPI adjustment as afforded the Contractor in 12.3.
1824 All of the same general conditions of adjustments shall apply with the exception that
1825 Augusta does not have to provide notice as required under 12.3.1 (b).
1826 12.5.2 The first price adjustment shall not go into effect until January 2015.
1827 12.5.3 In any event, the adjustment will be limited to a maximum increase or decrease of four
1828 percent (4 %) annually.
1829 12.5.4 Should the Contractor not receive an Adjustment, Augusta reserves the right to adjust the
1830 price of fuel.
1831
1832
1833
Page 38 of 74
Coverages
Limits of Liability
Workers' Compensation Statutory
Employer's Liability
$500,000 each accident limit
$500,000 Disease Policy Limit
$500,000 Each Employee Limit
Contractors and lessees shall be
responsible for workers' compensation
insurance for subcontractors or sub
lessees who directly or indirectly provide
services or lease premise under the
Augusta, Georgia's contract.
General Liability
$2,000,000 per accident
$2,000,000 aggregate
Excess Umbrella Policy
$2,000,000 per accident
Pollution Liability Insurance
Automobile Bodily Injury and Property
Damage Liability
$1,000,000 per claims made basis. The
Contractor needs to warrant any
retroactive date applicable to coverage
under the policy precedes the effective
date of the contract.
$1,000,000 per accident
1834 SECTION 13 - INSURANCE AND PERFORMANCE SURETY
1835 13.1 Coverages
1836 The Contractor shall at all times during the Agreement maintain in full force and effect General Liability
1837 and Workmen's Compensation Insurance. All insurance shall be by insurers reasonably acceptable to
1838 Augusta and be in full force and effect before commencement of work.
1839 13.2 Insurance Limits
1840 For the purpose of the Agreement, the Contractor shall carry the following types of insurance in at least
1841 the limits specified below:
1842
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1843
1844 As an alternative to the above, the Contractor may insure the above public liability and property
1845 coverages under a plan of self - insurance. The Contractor's parent corporation may provide the required
1846 coverages to certify that their program is funded to actuarial projected losses.
1847 13.3 Certificate of Insurance
1848 a. The Contractor agrees to furnish Augusta certificates of insurance or other evidence
1849 satisfactory to Augusta to the effect that such insurance has been procured and is in force.
1850 The certificates shall contain the following express obligations:
1851
1852 "This is to certify that the policies of insurance described herein have
1853 been issued to the named insured for which this certificate is executed
1854 and are in force at this time. In the event of cancellation of a policy
1855 affecting the certificate holder, thirty (30) days prior written notice will
1856 be given to the certificate holder."
1857
1858 b. It is agreed that the Contractor will be responsible for notifying Augusta of any material
1859 change in a policy.
1860
1861 c. The certificates shall also include Augusta as an additional insured.
1862 13.4 Special Requirements
1863 The following special conditions shall apply to the insurance coverage:
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Augusta, GA
Page 40 of 74
1864 a. Augusta is to be included as an additional insured on both the commercial general liability
1865 and business auto liability policies. The Contractor providing the automobile liability coverage
1866 must include all vehicles owned, leased, hired, non - owned, and the employee non -owned
1867 vehicles Personal Injury Protection (when applicable).
1868 b. Commercial General Liability. The Commercial General Liability required coverage is
1869 ISO CG0001 or a substitute form providing equivalent coverage. Coverage must include:
1870 • Premises and Operations
1871 • Personal Injury /Advertising Liability
1872 • Products/ Completed Operations
1873 • Liability assumed under an Insured Contract (including tort liability of another assumed
1874 in a business contract)
1875 • Independent Contractors
1876 c. Pollution Liability. Contractors shall provide pollution liability coverage to cover bodily
1877 injury; property damage, (including natural resource damage), cleanup costs, removal, storage,
1878 disposal, and or use of the pollutant; and defense, including costs and expenses incurred in the
1879 investigation, defense, or settlement of claims. Coverage shall apply to the sudden and gradual
1880 pollution conditions resulting from the escape of smoke vapors, fumes, acids, alkalis, toxic
1881 chemicals, liquids, or gases, natural gases, waste materials, or other irritants, contaminants or
1882 pollutants (including asbestos). The Contractor needs to warrant any retroactive date applicable
1883 to coverage under the policy precedes the effective date of the contract
1884
1885 d. Current, valid insurance policies meeting the requirements herein identified shall be
1886 maintained during the Contract Term. Renewal certificates shall be sent to Augusta 30 days prior
1887 to an expiration date. There shall also be a 30 -day notification to Augusta in the event of
1888 cancellation, modification of coverage, or reduction of aggregate limits below those required in
1889 Section 13.2. Certificates of insurance meeting the required insurance provisions shall be
1890 forwarded to Augusta. Wording on the certificate that states that no liability shall be
1891 imposed upon the company for failure to provide such notice is not acceptable.
1892
1893 e. It is agreed that the Contractor will be responsible for notifying Augusta of any material
1894 changes in a policy.
1895
1896 f. It shall be the Contractor's responsibility to ensure that all subcontractors comply with the
1897 same insurance requirements that the Contractor is required to meet.
1898
1899 g. All Certificates of Insurances shall be furnished on an ACORD form or equivalent as require
1900 by this contract. The certificates for each insurance policy are to be signed by a person
1901 authorized by that insurer to bind coverage on its behalf.
1902 13.5 Surety
1903
Page 41 of 74
1904 13.5.1 Performance Bond
1905 A performance bond and payment bond will be provided to Augusta prior of the execution of this
1906 Contract, the Contractor shall provide Augusta with a surety bond from a company rated A or better
1907 by A.M Best's Rating Service in an amount equal to 100% of the Contract's value. With each
1908 submittal of a bond, the Contractor shall furnish a current copy of the A.M Best's rating for the
1909 surety company providing the bonds.
1910
1911 For the first year, assume that Designated Collection Area 1 has 30,701, Designated Collection Area
1912 2 has 24,056 and Designated Collection Area 3 has 13,007 Residential Units. For each awarded
1913 Designated Collection area, take the number of assumed Residential Units and multiply by the
1914 Residential Unit rate in this Contract.
1915
1916 For each subsequent year, use the amount of the prior year's actual payments received from January
1917 1S through December 31S to establish the surety amount, in a form acceptable to Augusta, to ensure
1918 the performance of the Contractor. Updated bonds shall be received by Augusta no later than January
1919 31, for each subsequent year of the contract. The form and amount of this surety bond shall be
1920 reviewed annually and updated as may be required by Augusta upon 30 days written notice to the
1921 Contractor.
1922
1923
1924
1925 SECTION 14 - REPRESENTATIONS AND WARRANTIES
1926
1927 14.1 Representations and Warranties
1928 The Contractor represents and warranties satisfactory performance in accordance with this Contract as
1929 well as:
1930 a. Organization and Qualification. The Contractor is duly incorporated or otherwise legally
1931 organized and, validly existing and in good standing under the laws of the State of Georgia,
1932 and has all requisite power and authority to enter into and perform its obligations under this
1933 Contract.
1934
1935 b. Authority.
1936
1937 1. The Contractor has the authority to execute this Contract, to make the representations and
1938 warranties set forth in it and is appropriately skilled, organized and financially able to
1939 perform the obligations of Contractor under this Contract in accordance with its terms.
1940
1941 2. This Contract has been validly executed by the authorized representatives of the Contractor
1942 and constitutes a legally binding, enforceable obligation of Contractor.
1943
1944 c. Government Authorizations and Consents. The Contractor has or will obtain prior to the
1945 Effective Date such licenses, permits, and other authorizations from federal, state, and other
1946 governmental authorities, as are necessary for the performance of its obligations under this
1947 Contract.
1948
1949 d. Compliance with Laws. The Contractor is not in violation of any applicable law, ordinance
1950 or regulation, the consequence of which will or may materially affect Contractor's ability to
1951 perform its obligations under this Contract. The Contractor is not subject to any order or
1952 judgment of any court, tribunal, or governmental agency which could materially and
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1953 adversely affects its operations or assets in the State of Georgia, or its ability to perform its
1954 obligations under this Contract.
1955
1956 e. Accuracy of Information. None of the representations or warranties in this Contract and none
1957 of the documents, statements, certificates or schedules furnished or to be furnished by
1958 Contractor pursuant hereto or in connection with the performance of the obligations
1959 contemplated under this Contract, contains or will contain any untrue statement of a material
1960 fact or omits or will omit to state a material fact necessary to make the statements of fact
1961 contained therein not misleading.
1962
1963 f Independent Examination. In accepting these responsibilities, the Contractor represents and
1964 affirms that it has made its own examination of all conditions, facilities, and properties
1965 affecting the performance of this Contract and of the quantity and expense of labor,
1966 equipment, materials needed, and of applicable taxes permits and laws. The Contractor
1967 affirms that within the Designated Collection Area, it is aware of the present placement of
1968 Roll -Out Carts and Recyclables Carts at the curb, alley, or Carry -Out Collection locations,
1969 and the present location of Carry-Out Collection customers. The Contractor represents and
1970 warranties that it is capable of continuing to collect Roll -Out Carts and Recyclable Carts from
1971 their present locations.
1972
1973 SECTION 15 - INDEMNITY
1974
1975 15.1 Indemnity
1976 The Contractor(s) shall defend, indemnify and save harmless Augusta and Augusta's officers, employees
1977 and agents from any and every claim and risk, and from all losses, damages, demands, suits, judgments
1978 and attorney fees, and other expenses of any kind (collectively "losses ") arising out of this Contract or the
1979 performance thereof; including but not limited to any personal injury, or death of any and all persons
1980 (including but not limited to the Contractor, its agents, employees, subcontractors and their successors
1981 and assignees, as well as Augusta or Augusta's agents and all third parties); and including any property
1982 damage of any kind, whether tangible or intangible, including loss of use resulting there from, in
1983 connection with or related to the negligent or willful act(s) or omissions of the Contractor or its
1984 subcontractor which were caused in whole or in part by the Contractor or its subcontractor while
1985 performing work under this Contract, or in connection with or related to (in whole or in part by reason of)
1986 the presence of the Contractor or its subcontractors or their property, employees or agents, upon or in
1987 proximity to the property of Augusta or any other property (upon which the Contractor is performing any
1988 work called for), except only those losses resulting solely from the negligence of Augusta.
1989
1990 SECTION 16 - DEFAULT AND TERMINATION
1991
1992 16.1 Default and Termination
1993 This section is independent, notwithstanding any other provisions of this Contract. The Contractor may
1994 be held in default of the Contract in the event the Contractor:
1995
1996 a. Fails to perform ninety percent (90 %) of the collections required by this Contract and
1997 appears, to Augusta, to have abandoned the work, or to be unable to resume collections
1998 within forty-eight (48) hours.
1999
2000 b. Has failed on any occasion of two (2) consecutive working days, in any year, or ten (10)
2001 days in a calendar year to perform the collections required by the Contract.
2002
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2003 c. Mixes Contract materials with materials collected from outside this Contract.
2004
2005 d. Fails to furnish and maintain a Performance and/or Payment Bond per Section 13.
2006
2007 e. Fails to furnish and maintain the Insurance requirements per Section 13.
2008
2009 f. Fails to be granted and/or receive prior written approval of a change of control or other
2010 provision as defined in Sections 20.3 and 20.4.
2011
2012 g. Fails to perform any material obligation of the Contractor under the terms of this
2013 Contract, and continuance of such failure after receiving written notice by Augusta
2014 specifying such failure, and Contractor's failure to cure the default or immediately
2015 initiate and diligently pursue reasonable action to cure such non - performance within the
2016 thirty (30) day period.
2017
2018 To initiate proceedings under this Section, Augusta shall give notice to the Contractor and its
2019 surety. Within 7 days, Contractor may demand a hearing at which the Contractor may show
2020 cause as to why it should not be declared in default or why it should be given the opportunity
2021 to cure said default. In the event the Contractor fails to show cause, to the reasonable
2022 satisfaction of Augusta, why the Contractor should not be declared to be in default of this
2023 Contract, Augusta may make a declaration of default. In evaluating whether to make such a
2024 declaration of default, Augusta may, in its sole discretion, consider the severity of the alleged
2025 violations, and the overall performance of the Contractor under the Contract.
2026
2027 In declaring the Contractor to have defaulted on the Contract, Augusta also may order the
2028 Contractor to discontinue further performance of work under the Contract and transfer the
2029 obligation to perform such work from the Contractor to the surety on the Contractor's
2030 performance bond and take any other action it deems advisable.
2031
2032 Under receipt of a notice that the work has been transferred to the surety without termination
2033 of the Contract, the surety shall take possession of all materials and equipment described in
2034 the most recent inventory submitted to Augusta, for the purpose of completing the work
2035 under the Contract, employ, by the Contract or otherwise, any person and/or all persons
2036 needed to perform the work; and provide materials and equipment required therefore. Such
2037 employment shall not relieve the surety of its obligations under the Contract of bond. If there
2038 is a transfer to the surety, payments shall be made to the surety or its agent for all work
2039 performed under the Contract subsequent to such transfer, in amounts equal to those that
2040 would have been made to the Contractor had it performed in the manner and to the extent of
2041 the surety's performance, and the Contractor shall have no claim upon the same.
2042
2043 In the event the surety on the Contractor's performance bond fails to assume or continue
2044 performance within two (2) days after its receipt of notice that the work has been transferred
2045 to such surety, the Contractor shall be deemed to have leased, subleased, or otherwise license
2046 Augusta to use all, or whatever portion is desired by Augusta, of the materials and equipment
2047 described on the most recent inventory submitted to Augusta pursuant to Section 6 hereof, for
2048 collection (and processing) purposes for a period of up to one (1) year following the date of
2049 the declaration of default by Augusta without requiring Augusta to execute any other
2050 document whatsoever to accomplish such lease, sublease, or license and without requiring
2051 Augusta to post any bond, pledge, deposit or other security for such equipment and materials,
2052 but upon the condition that Augusta pay for the equipment and materials actually used for
2053 such collection, a market rental that is no greater than (i) the monthly lease, in the event such
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2054 property is leased by the Contractor, (ii) the periodic installment, in the event such property is
2055 being acquired under a purchase Contract, (iii) the periodic financing interest and principal, in
2056 the event such property is being acquired under a purchase Contract, or (iv) the financing
2057 arrangement; provided, that under no circumstances shall Augusta be liable during its use of
2058 such property for any arrearages, balloon payment, accrued interest, accelerated charges in
2059 the event of a default, or other extraordinary payment; nor shall the satisfaction thereof be a
2060 condition of Augusta's interim use of such property; provided, further, that such lease, sub -
2061 lease, or license shall be suspended the date the surety on the Contractor's bond or its agent
2062 accepts the transfer of work under the Contract.
2063
2064 In the event Augusta secures the performance of work under the Contract at a lesser cost than
2065 would have been payable to the Contractor had the Contractor performed the same, then
2066 Augusta shall retain such difference; but in the event such cost to Augusta is greater, the
2067 Contractor and its surety shall be liable for and pay the amount of such excess to Augusta.
2068
2069 All payments due the Contractor at the time of default, less amounts due Augusta from the
2070 Contractor, shall be applied by Augusta against damages suffered and expense incurred by
2071 Augusta to reason of such default, any excess shall be paid to the Contractor unless otherwise
2072 provided herein.
2073
2074 Notwithstanding the provisions of this Section, a delay or interruption in the performance of
2075 all or any part of the Contract resulting from causes beyond the Contractor's control, as
2076 defined in section 20.28, shall not be deemed to be a default and the rights and remedies of
2077 Augusta provided for herein shall be inapplicable; provided that all labor disputes as defined
2078 in section 20.28 hereof shall not be considered a cause beyond the Contractor's control as
2079 defined in section 20.28.
2080
2081 Augusta shall have the unilateral right to order in writing a temporary stopping of the work,
2082 or delaying performance that does not alter the scope, of the contract.
2083
2084 Augusta shall have the unilateral right to terminate this Contract in whole or in part for the
2085 convenience of Augusta, Georgia; provided however,
2086
2087 a. For the Contractor servicing Designated Collection Area 1, in the event that Augusta
2088 elects to terminate this Agreement, Augusta agrees to pay all costs associated with the
2089 CNG infrastructure at one hundred and five percent (105 %) of the then outstanding
2090 amount owed on the CNG infrastructure. The amount shall be calculated by dividing the
2091 total amount of money spent on the CNG infrastructure pursuant to Section 8.2.4, divided
2092 by 107 (months of the agreement) and multiplied by the remaining full months of the
2093 then terminated agreement.
2094
2095 b. For the Contractor servicing Designated Collection Area Two (2) and Designated
2096 Collection Area Three (3), in the event that Augusta elects to terminate the Agreement in
2097 the first 53 months of the agreement, Augusta agrees to pay all costs associated with the
2098 initial CNG infrastructure expense at one hundred and five percent (105 %) of the then
2099 outstanding amount owed on the CNG infrastructure. The amount shall be calculated by
2100 dividing the total amount of money spent on the CNG infrastructure pursuant to Section
2101 8.2.4, divided by 53 and multiplied by the remaining full months through the 53 month.
2102
2103 c. For the Contractor servicing Designated Collection Area Two (2) and Designated
2104 Collection Area Three (3), in the event that Augusta elects to terminate the Agreement in
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2105 the last 54 months of the agreement, Augusta agrees to pay all costs associated with the
2106 second CNG expense at one hundred and five percent (105 %) of the then outstanding
2107 amount owed on the CNG infrastructure. The amount shall be calculated by dividing the
2108 total amount of money spent on the CNG infrastructure pursuant to Section 8.2.5, divided
2109 by 54 and multiplied by the remaining full months of the then terminated agreement.
2110
2111 d. In the event that Augusta terminates this contract for convenience, Augusta shall pay
2112 Contractor three months straight line depreciation on the collection vehicles operated
2113 under this agreement. A month of straight line depreciation shall be defined as the
2114 amount of money paid for the collection vehicles operating under this Agreement divided
2115 by 107 months.
2116
2117 SECTION 17 — COMMITMENT OF EQUIPMENT
2118
2119 1. Unless a replacement or substitute is provided, all vehicles, facilities, equipment and property
2120 identified in the Contractor's inventory under Section 6 for use in the performance of this
2121 Contract (called "such property") shall be available for use in collecting Refuse, Garbage,
2122 Yard Waste, Recyclables, White Goods, and Bulky Waste. When provided, this Section
2123 applies to the replacement and substitute.
2124
2125 2. For the duration of this Contract, any document (including a lease to or by the Contractor,
2126 financing Contract, acquisition over time, mortgage, or other instrument establishing a
2127 security interest) that encumbers or limits the Contractor's interest in such property shall:
2128
2129 a. Allow the surety on the Contractor's performance bond to take over the Contractor's
2130 obligations and to continue the use of the equipment in service for performance of the
2131 Contract;
2132
2133 b. Allow Augusta to take over the Contractor's obligations and to continue the use of the
2134 equipment in service for performance of the Contract;
2135
2136 c. Exempt Augusta from liability during its usage of such property for arrearages, balloon
2137 payments, accrued interest, accelerated charges on account of a default, or other
2138 extraordinary payments, and not make satisfaction thereof a condition of Augusta's
2139 interim usage; and
2140
2141 d. Forbare any foreclosure, trustee's sale or other dispossession of the Contractor's interest
2142 in such property without giving both Augusta and surety on the Contractor's performance
2143 bond sixty (60) days prior notice, and then make any termination of the Contractor's
2144 interest in such property pursuant to such action or the enforcement thereof subject to the
2145 requirement of Subsections a, b, and c of this section.
2146
2147 3. To assure compliance with this Section, the Contractor shall submit to Augusta for review
2148 and approval or disapproval prior to execution all contracts, leases, or other documents for
2149 acquisition of, or encumbering or limiting the Contractor's interest in, such property or for
2150 replacements thereof and any proposed agreement that would encumber or transfer any
2151 interest of the Contractor in such property before the Contractor's execution of such
2152 agreement. Augusta's approval shall not be unreasonably withheld.
2153
2154 SECTION 18 - AFFIRMATIVE ACTION AND NON - DISCRIMINATION SERVICE
2155
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2156 The Contractor shall not discriminate against any employee or applicant for employment because of race,
2157 religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin,
2158 or the presence of any sensory, mental, or physical handicap, unless based upon a bonafide occupational
2159 qualification. The Contractor will take affirmative action to ensure that applicants are employed, and that
2160 employees are treated during employment, without regard to their of race, religion, creed, color, sex,
2161 marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any
2162 sensory, mental, or physical handicap. Such action shall include, but not be limited to the following:
2163 employment, upgrading, promotion, demotion, transfer, recruitment or recruitment advertising, layoff or
2164 termination, rates of pay or other forms of compensation, and selection for training, including
2165 apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
2166 applicants for employment, notices are provided, setting forth the provisions of this non - discrimination
2167 clause.
2168
2169 The Contractor will not discriminate against any Customer or Augusta resident in the provision of service
2170 or quality of service on account of race, religion, creed, color, sex, marital status, sexual orientation,
2171 political ideology, ancestry, national origin, or the presence of any sensory, mental, or physical handicap,
2172 unless based upon a bona fide qualification to or for service. The Contractor shall provide the same good
2173 quality service throughout Augusta without regard to racial, ethnic, or cultural characteristics or relative
2174 standard of living of the neighborhood.
2175
2176 SECTION 19 — DRUG AND ALCOHOL FREE WORKPLACE
2177
2178 19.1 Drug and Alcohol Free Workplace
2179 Augusta is a drug -free workplace employer. The Contractor hereby certifies that it has or it will within
2180 thirty (30) days prior to the Start Date of the Contract:
2181
2182 a. Notify employees that the unlawful manufacture, distribution, dispensation, possession, or
2183 use of alcohol or a controlled substance is prohibited in the workplace and specifying actions
2184 that will be taken for violations of such prohibition;
2185
2186 b. Establish an alcohol and drug -free awareness program to inform employees about (i) the
2187 dangers of alcohol and drug abuse in the workplace, (ii) the Contractor's policy of
2188 maintaining an alcohol and drug -free workplace, (iii) any available alcohol and drug
2189 counseling, rehabilitation, and employee assistance programs, and (iv) the penalties that may
2190 be imposed upon employees for alcohol and drug abuse violations;
2191
2192 c. Notify each employee that as a condition of employment, the employee will (i) abide by the
2193 terms of the prohibition outlined above, and (ii) notify the Contractor of any alcohol or drug
2194 statute conviction for a violation occurring in the workplace, or that could affect the
2195 employees ability to perform their job, not later that five (5) days after such conviction;
2196
2197 d. Impose a sanction on, or requiring the satisfactory participation in an alcohol or drug
2198 counseling, rehabilitation or abuse program by, an employee convicted of an alcohol or drug
2199 crime;
2200
2201 e. Make a good faith effort to continue to maintain an alcohol and drug -free workplace for
2202 employees; and require any party to which it subcontracts any portion of the work under the
2203 Contract to comply with the above provisions.
2204
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2205 f. A false certification or the failure to comply with the above alcohol and drug -free workplace
2206 requirements during the performance of the Contract shall be grounds for suspension,
2207 termination or debarment.
2208
2209 g. The foregoing provisions will be inserted in all subcontracts for work covered by this
2210 Contract.
2211
2212 SECTION 20 - GENERAL PROVISIONS
2213 20.1 Taxes
2214 The Contractor shall promptly pay all taxes and license fees required by Augusta and by the State of
2215 Georgia.
2216 20.2 Permits
2217 The Contractor shall obtain all licenses and permits (other than the license and permit granted by the
2218 Agreement) required by Augusta, by the State of Georgia, or by the federal government.
2219 20.3 Non - Assignment; Subcontracting; Delegation of Duties
2220 Except for the subcontracting identified in the Contractor's proposal, the Contractor shall not assign or
2221 subcontract or transfer any of the work or delegate any of its duties under the Contract without the prior
2222 written approval of Augusta, which approval may be withheld in Augusta's sole discretion.
2223 Notwithstanding the foregoing, Augusta's approval shall not unreasonably be withheld if the Contractor
2224 proposes to assign or transfer this Contract to an affiliate of the Contractor or to Contractor's parent
2225 corporation, provided that Contractor can establish to the reasonable satisfaction of Augusta that (i) the
2226 assignee or transferee will operate the Contract in substantially the same manner as the Contractor, will
2227 use substantially the same management and collection personnel as Contractor, and possesses
2228 substantially the same financial capabilities as Contractor and (ii) the assignee or transferee is not
2229 affiliated in any way with the company that has a Contract for collection with Augusta for any portion of
2230 Augusta outside the Contractors current Designated Collection Area.
2231
2232 In the event of an assignment, subcontract, or delegation of duties, the Contractor shall remain responsible
2233 for the full and faithful performance of the Contract and the assignee, subcontractor, or other obligor shall
2234 also become responsible to Augusta for the satisfactory performance of the work assumed. Augusta may
2235 condition its approval upon the delivery by the assignee, subcontractor or other obligor of its covenant to
2236 Augusta to fully and faithfully complete the work or responsibility undertaken.
2237
2238 During the term of this Contract, the Contractor shall not have an ownership interest in any other
2239 company that has a Contract for residential collection with Augusta.
2240
2241 Should a Contractor sub - contract work under this contract, a sub - contract contract/agreement shall be
2242 generated in writing. This agreement shall at a minimum include the area to be serviced, the price that the
2243 sub - contractor shall be paid, and the required sections under this contract that flow through to a sub -
2244 contractor. A copy of said agreement(s) shall be provided to Augusta within fourteen (14) days of
2245 execution.
2246
2247 20.4 Change in Control
2248 In the event of a change in "Control" of the Contractor (as defined below), Augusta shall terminate the
2249 Contract for default unless Augusta has granted prior written approval. Such approval shall be at the sole
2250 discretion of Augusta. Any approval by Augusta for transfer of ownership or control shall be contingent
2251 upon the perspective controlling party becoming a signatory to the Contract and otherwise complying
Page 48 of 74
2252 with the terms of the Contract. The Contractor shall notify Augusta within ten (10) days after it becomes
2253 aware that a change in Control will occur. As used in the Contract, the term "Control" shall mean the
2254 possession, direct or indirect of either;
2255
2256 a. The ownership of or ability to direct the voting of, as the case may be fifty one (51 %) or
2257 more of the equity interest, value or voting power of the Contractor; or
2258
2259 b. The power to direct or cause the direction of the management and policies of the
2260 Contractor whether through the ownership of voting securities, by Contract or otherwise.
2261 20.5 Laws and Regulations
2262 The Contractor shall conduct operations under this Agreement in compliance with all applicable laws,
2263 rules or standards. These shall include OSHA, EPA, EPD, Federal Highway Safety, as well as state and
2264 local rules, regulations, and practices.
2265 20.6 Governing Law; Forum; Venue
2266 The terms, conditions and provisions in the Request for Proposal may supplement the Contract between
2267 Augusta and the Contractor. The order of precedence will be the Contract, the RFP, the winning
2268 proposer's response and general law. This Agreement shall be governed under the laws of the State of
2269 Georgia. The appropriate forum for judicial interpretation of this Agreement and the sole venue for legal
2270 actions concerning this Contract shall be the Superior Courts of Richmond County Georgia.
2271 20.7 No Other Parties to Benefit
2272 This Agreement is for the benefit of the parties hereto and does not enlarge any party's liability to any
2273 third party. The provisions of this Agreement shall not be construed to create a higher standard of safety
2274 or care in any evidentiary sense with respect to third party claims.
2275 20.8 Appropriation of Funds
2276 This Agreement, and Augusta's payment obligation for succeeding fiscal periods shall be subject to the
2277 budget process, availability and appropriation of funds. In the event that Augusta does not appropriate
2278 funds, said agreement shall terminate as required by statute.
2279 20.9 Headings
2280 The headings of the paragraphs and subparagraphs shall not be interpreted as a limitation upon the
2281 language contained therein.
2282 20.10 Severability
2283 Should any term, provision, condition, or other portion of this Contract or its application be held to be
2284 inoperative, invalid, or unenforceable, and the remainder of the Contract still fulfills its purposes, the
2285 remainder of this Contract or its application in other circumstances shall not be affected thereby and shall
2286 continue in force and effect.
2287 20.11 Indulgences Not Waivers
2288 A waiver of any breach of any provision of the Agreement shall not constitute or operate as a waiver of
2289 any breach of such provision or any other provision, nor shall any failure to enforce any provision hereof
2290 operate as a waiver of such provision.
2291 20.12 Modifications and Waiver
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2292 The parties must mutually agree upon any changes in the Agreement and must be incorporated by written
2293 amendments to the Agreement. The Augusta Administrator or their designee shall have the authority to
2294 amend the Agreement on behalf of Augusta.
2295
2296 This Agreement constitutes the entire agreement of the parties regarding the subject matter hereof and
2297 may be amended or modified only by a written agreement signed by both parties.
2298 20.13 Independent Contractor
2299 The Contractor and Augusta agree that the Contractor is an independent contractor and not an employee
2300 nor agent of Augusta. The Contractor shall have exclusive control of and the exclusive right to control the
2301 details of the services and work performed, and such action does not create a partnership, agency, joint
2302 venture or other similar relationship between Augusta and the Contractor.
2303
2304 The Contractor agrees that it will not represent to anyone that its relationship with Augusta is other than
2305 that of an independent contractor, and Augusta and the Contractor may so inform any parties with whom
2306 they deal and may take any other responsible steps to carry out the intent of this section. The Contractor
2307 shall be fully and solely responsible for its own acts and omissions and those of its employees, officers,
2308 agents, and subcontractors.
2309
2310 20.14 Notices
2311 Any notice required herein shall be given by certified mail to:
2312
2313 For Augusta:
2314
2315 Fred Russell
2316 Administrator
2317 530 Greene Street, Room 802
2318 Augusta, Georgia 30901
2319
2320
2321 Mark Johnson
2322 Director of Solid Waste
2323 Augusta, Georgia
2324 4330 Deans Bridge Road
2325 Blythe, GA 30805
2326 Telephone: 706 -592 -3201
2327
2328
2329 Lori Videtto
2330 Deputy Director of Solid Waste
2331 Augusta, Georgia
2332 4330 Deans Bridge Road
2333 Blythe, GA 30805
2334 Telephone: 706 -592 -3206
2335
2336 For Inland Services:
2337 Robert A. Smith
2338 President
2339 Inland Services Corporation
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2340 8404 E. Gore Blvd.
2341 Lawton, OK 73501
2342 580- 353 -4556
2343 580- 353 -4557 fax
2344 ras @inlandservice.com
2345
2346 Monty Davison
2347 Chief Financial Officer
2348 Inland Service Corporation
2349 8404 E. Gore Blvd.
2350 Lawton, OK 73501
2351 580- 353 -4556
2352 580- 353 -4557 fax
2353 956- 346 -5016 mobile
2354 Monty.davison @inlandservice.com
2355
2356 For Advanced Disposal:
2357
2358 Wally Hall
2359 President & Chief Operating Officer
2360 7915 Baymeadows Way, Suite 300
2361 Duval County, Jacksonville, FL 32256
2362 904 - 737 -7900
2363 904 - 636 -0699 fax
2364
2365 Charlie Gray
2366 Regional Vice President
2367 8880 Old Federal Road
2368 Ball Ground, GA 30107
2369 678 - 238 -7374
2370 706 - 760 -4471 fax
2371
2372 Bobby Williams
2373 Assistant Regional Vice President
2374 5734 Columbia Road
2375 Grovetown, GA 30813
2376 678 - 994 -5939
2377 706 - 760 -4471 fax
2378
2379 20.15 Exclusive Agreement
2380 The Contractor is granted an exclusive Agreement to provide Garbage, Recyclables, Yard Waste and
2381 Bulky Waste collection services, as described herein, within the Designated Service Area. Augusta
2382 intends to Contract ONLY with the Contractor for routine collection services as described herein. In the
2383 event of an emergency declared by the appropriate governmental authorities, an event of Force Majeure
2384 or breach of this Agreement by the Contractor, Augusta may provide alternative collection services.
2385 20.16 Dispute Settlement
2386 Any claim, dispute, or other matter concerning the performance of the Contractor shall initially be
2387 referred to the Environmental Services Director in writing, for a decision. Such decision shall be rendered
2388 within thirty (30) days in writing, following the final presentation by the Contractor of evidence or
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2389 argument relative to such claim, dispute, or matter. The decision of the Director may be appealed to
2390 Augusta's Administrator or his designee, in writing, within fifteen (15) days from the date of the
2391 Director's decision. Augusta's Administrator must render a written decision to the Contractor within thirty
2392 (30) days from the date of the appeal. The decision of the Administrator shall be subject to formal
2393 mediation between the parties. The cost of mediation shall be shared equally by the parties. If mediation
2394 is not successful, either party may bring an action in a court of appropriate venue. In the event of any
2395 litigation between the parties, each party shall pay their own attorney fees and despite who is the
2396 prevailing party, neither party shall be entitled to reimbursement of attorney's fees in any litigation
2397 between the parties.
2398 20.17 Augusta Not Liable for Delays
2399 It is further expressly agreed that in no event shall Augusta be liable for or responsible to the Contractor
2400 for or because of any stoppages or delay in the work herein provided for by injunction or other legal or
2401 equitable proceedings or due to any delay for any cause over which Augusta has insufficient control to
2402 cause a different result.
2403
2404 20.18 Contractor Will Not Sell or Disclose Data
2405 The Contractor will treat as confidential information, all data in connection with the Contract. Augusta
2406 data processed by the Contractor shall remain the exclusive property of Augusta. The Contractor will not
2407 reproduce, copy, duplicate, disclose or in any way treat the data supplied by Augusta in any manner
2408 except as contemplated by this Contract.
2409
2410 20.19 No Publicity
2411 No advertising, sales promotion or other materials of the Contractor or its agents or representatives may
2412 be distributed to Customers without prior written approval of Augusta. The Contractor, its agents or
2413 representatives shall not reference this Contract or Augusta in any manner without the prior written
2414 consent of Augusta.
2415
2416 20.20 Contract Rights
2417
2418 1. ` The parties reserve the right to amend this Contract from time to time by mutual agreement in
2419 writing.
2420
2421 2. Rights under this contract are cumulative, and in addition to rights existing at common law.
2422
2423 3. Payment by Augusta and performance by the contractor do not waive their Contractual rights.
2424
2425 4. Failure by either party on any occasion to exercise a Contractual right shall not forfeit or
2426 waive the right to exercise the right of another occasion. The use of one remedy does not
2427 exclude or waive the right to use another.
2428
2429 20.21 Open Records Act
2430
2431 Contractor acknowledges that Augusta records including this Contract are subject to Georgia's Open
2432 Records Act.
2433
2434 20.22 Interpretation
2435
2436 1. This Contract shall be interpreted as a whole and to carry out its purpose. This Contract is an
2437 integrated document and contains all the promises of the parties; no earlier oral
2438 understandings modify its provisions.
2439
2440 2. Captions are for convenient reference only. A caption does not limit the scope or add
2441 commentary to the text.
2442
2443 20.23 Law; Venue
2444
2445 The laws of the State of Georgia shall govern the validity, construction and effect of this Contract. The
2446 venue for any claims, litigation or causes of action between the parties shall be in the Superior Court of
2447 Richmond County, Georgia.
2448
2449 20.24 Discretionary Waiver of Right to a Jury Trial
2450
2451 The Contractor and Augusta may waive all rights to have a trial by jury in any action, proceeding, claim,
2452 or counterclaim brought by either of them against the other on any matter whatsoever arising out of or in
2453 any way related to or connected with the Contract.
2454
2455 20.25 Specific Performance and Injunctive Relief
2456
2457 The Contractor agrees that the services are critical to Augusta's operation and that monetary damages are
2458 not an adequate remedy for the Contractors failure to provide services as required by the Contract, nor
2459 could damages be the equivalent of the performance of such obligation. Accordingly, the Contractor
2460 hereby consents to an order granting specific performance of such obligations of the Contractor in a court
2461 of competent jurisdiction within the State of Georgia. The Contractor further agrees that a failure by it to
2462 perform the services in the manner required by the Contract will entitle Augusta to injunctive relief.
2463
2464 20.26 Severability
2465
2466 Should any term, provision, condition, or other portion of this Contract or its application be held to be
2467 inoperative, invalid, or unenforceable, and the remainder of the Contract still fulfills its purposes, the
2468 remainder of this Contract or its application in other circumstances shall not be affected thereby and shall
2469 continue in force and effect.
2470
2471 20.27 Interest of the Parties
2472
2473 The Contractor covenants that its officers, employees and shareholders have no interest and shall not
2474 acquire any interest, direct or indirect, which would conflict in any manner of degree with the
2475 performance of services required under the Contract.
2476
2477
2478 20.28 Force Majeure
2479
2480 1. The Contractor shall not be liable for any failure or delay in the performance of its
2481 obligations pursuant to this Contract (and such failure or delay shall not be deemed a default
2482 of this Contract or grounds for termination hereunder if all of the following conditions are
2483 satisfied:
2484
2485 a. If such failure or delay
2486
2487 i. could not have been prevented by reasonable precaution, and
2488
Solid Waste & Recyclables Collection
Augusta, GA
Page 52 of 74
Solid Waste & Recyclables Collection
Augusta, GA
Page 53 of 74
2489 ii. cannot reasonably be circumvented by the non - performing party through the use of
2490 alternate sources, work around plans, or other means, and
2491
2492 b. If and to the extent such failure or delay is caused, directly or indirectly by fire, flood,
2493 hurricanes, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
2494 sabotage, and governmental actions.
2495
2496 2. Upon the occurrence of an event which satisfies all of the conditions set forth above, the
2497 Contractor shall be excused from any further performance of those obligations pursuant to
2498 this Contract affected by the Force Majeure for as long as;
2499
2500 a. Such Force Majeure event continues and,
2501
2502 b. The Contractor continues to use commercially reasonable efforts to recommence
2503 performance whenever and to whatever extent possible without delay.
2504
2505 3. Upon the occurrence of a Force Majeure event, the Contractor shall immediately notify
2506 Augusta by telephone and confirmed in writing within two (2) days of the occurrence of a
2507 Force Majeure and shall describe in reasonable detail the nature of the Force Majeure. If any
2508 Force Majeure prevents the Contractor from performing its obligations for more than five (5)
2509 days, Augusta may terminate this Contract.
2510
2511 4. Strikes, slow downs, walkouts, lockouts and individual disputes are not excused under this
2512 provision.
2513
2514 5. Augusta may grant variances in routes, schedules and materials collected as are reasonably
2515 required and in the best interest of Augusta.
2516
2517 6. Augusta may negotiate with the Contractor fees for any additional work which the Contractor
2518 may agree to perform in the event of a disaster.
2519
2520 20.29 E Verify
2521
2522 All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical
2523 performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A.
2524 § 13 10 - 91, stating affirmatively that the individual, firm, or corporation which is contracting with
2525 Augusta, Georgia has registered with and is participating in a federal work authorization program. All
2526 contractors and subcontractors must provide their E -Ver fy number and must be in compliance with the
2527 electronic verification of work authorized programs operated by the United States Department of
2528 Homeland Security or any equivalent federal work authorization program operated by the United States
2529 Department of Homeland Security to verify information of newly hired employees, pursuant to the
2530 Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603, in accordance with the applicability
2531 provisions and deadlines established in O.C.G.A. § 13 -10 -91 and shall continue to use the federal
2532 authorization program throughout the contract term. All contractors shall further agree that, should it
2533 employ or contract with any subcontractor(s) in connection with the physical performance of services
2534 pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each
2535 subcontractor's E -Verb number as evidence of verification of compliance with O.C.G.A. § 13 -10 -91 on
2536 the subcontractor affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. All contractors
2537 shall further agree to maintain records of such compliance and provide a copy of each such verification to
2538 Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services
2539
2540
2541 "Contractor acknowledges that this contract and any changes to it by amendment, modification,
2542 change order or other similar document may have required or may require the legislative
2543 authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law,
2544 Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume
2545 contractual obligations and the consequences of Contractor's provision of goods or services to
2546 Augusta, Georgia under an unauthorized contract, amendment, modification, change order or
2547 other similar document, including the possibility that the Contractor may be precluded from
2548 recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees
2549 that if it provides goods or services to Augusta, Georgia under a contract that has not received
2550 proper legislative authorization or if the Contractor provides goods or services to Augusta,
2551 Georgia in excess of the any contractually authorized goods or services, as required by Augusta,
2552 Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized
2553 goods or services provided by Contractor. Contractor assumes all risk of non - payment for the
2554 provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to
2555 payment or to other remedies for the provision of any unauthorized goods or services to
2556 Augusta, Georgia, however characterized, including, without limitation, all remedies at law or
2557 equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts
2558 for goods and services, except revenue producing contracts
2559
2560 SIGNATURES ON FOLLOWING PAGE
2561
Solid Waste & Recyclables Collection
Augusta, GA
Page 54 of 74
2562 IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed by
2563 duly authorized officers on this the day of , 20 .
2564
2565
2566 BY:
2567
2568 Augusta, Georgia
2569
2570
2571
2572 As its M me' v,,
2573 AA
2574 C. /t / n
2575 tst �
2576{
2571
2578
2579
2580
2581 The foregoing contract is hereby executed by the below - listed parties:
2582
2583
2584
2585 B
2586
2587 As its:
2588
2589
2590
2591 Sworn to and subscribed before me on this244ch day of
Cont
R ee -- s /o6`'
2592
2593 W 1,G
2594 Notary Public
2595 �� 4
2596 My Commission Expires:
2597
MARA GILL
2598 aotgR�
Notify Pubic BMW of Waiming the
Con mowers My Commbdon.xpvw 71/07/2014
Solid Waste & Recyclables Collection
Augusta, GA
, 20(x.
Page 55 of 74
2599
2600
2601
2602
2603
2604
2605
2606
2607
2608
2609
2610
2611
2612
2613
Solid Waste & Recyclables Collection
Augusta, GA
APPENDIX A
Designated Collection Area Map(s)
Page 56 of 74
2614
Proposed Service Area
Hauler Map Seperated Gordon Hwy & Peach Orchard Rd
Legend
rare 1
Pan z
Part-3
+
24056 Residential Parcels
20 Commercial Parcels
3273 Vacant Parcels
Solid Waste & Recyclables Collection
Augusta, GA
30701 Residential Parcels
44 Comercial Parcels
3795 Vacant Parcels
Page 57 of 74
13007 Residential Parcels
25 Commercial Parcels
2977 Vacant Parcels
2615
2616
2617
2618
2619
2620
2621
2622
Solid Waste & Recyclables Collection
Augusta, GA
APPENDIX B
Monthly Performance Summary
Page 58 of 74
KEY PERFORMANCE AREAS
UNITS
OBSERVED
UNITS
PENALIZED
NOTES
Number of Requests for Services
Number of Valid Misses
Number of Requests for Services not
collected within specific timeframe
Number of Courtesy Collections
Number of Service Complaints
Number of Repeat Collection Misses
Number of Area Misses
Property Damage /Claims
Container (Damage /Loss)
Roll Out Container /Bin Placement
Leaks & Spills
Littering
Mixed Loads
Emergency Unload Cleanup
Deliver Recycling to Landfill
2623
MONTHLY PERFORMANCE
SUMMARY
Solid Waste & Recyclables Collection
Augusta, GA
Liquidated Damages: $
Page 59 of 74
Summa of Dama •
for Perfo
Ct
a
Ord
Per Route • Dail Occurrence
Emergency Unload Cleanup
For each 2 -hr delay in clean -up
A • usta • rovided clean -u •
each
each
each
TOTAL
[5.31
TED
[5.4.2]
$100
$5,000.
.4.1]
.
2 000
APPENDIX D
Recycling I Perks
Waste Diversion through Incentivized Recycling
April 25, 2012
Overview
City of Augusta
you recycle. we reward.
Proposal for Incentive Based Rewards Program for Advanced
Disposal for the city of Augusta, Georgia.
Recycling Perks partners with municipalities, haulers and local businesses to improve and enhance residential curbside
recycling while supporting the local economy. Recycling Perks provides residents and cities with a unique incentive
based recycling rewards program that includes reward program management, community outreach and marketing, as
well as measurement and performance tracking. The Recycling Perks program will be heavily weighted towards local
businesses to help drive local revenue and increase program participation.
Recycling Perks will work with the city and hauler to implement an Incentive based Recycling Rewards program. The
incentive based recycling program will be implemented city wide and participating residents will be rewarded for
their recycling efforts. Participation will be tracked using Radio Frequency Identification (RFID) tags which will be
provided by the city. Recycling will be collected from a residents recycling container and will be dumped into the
collection vehicle. Each container will have a RFID tag affixed, allowing us to compile data on which home's
recycling containers have been collected.
Technical Plan
Recycling Perks will work with Hauler to establish RFID technology data capturing.
The RFID data will be delivered to Recycling Perks through an active data feed containing collection records and
addresses within the program.
The Recycling Perks system records participation and awards points for each collection. Each collection period,
participating households will receive points for their participation.
Recycling Perks Program utilizes an exclusive website area for each city. The Recycling Perks platform allows
residents to view content that is specifically for Augusta residents.
Customer Service and Reward Fulfillment
Recycling Perks points are used to claim Rewards offered by Local Reward Partners.
Residents can obtain their rewards online, print immediately and redeem the rewards with the local business offering
a reward.
Recycling Perks will consult with local businesses to offer free reward content on Recycling Perks and will procure
all reward offerings.
Recycling Perks will maintain a Customer Service Department to answer resident's questions relating to the incentive
program by phone or email. The privacy of all residents will be protected and managed in accordance with State and
Federal regulations.
Costs
• $0.35 per household /month for length of contract.
• A one month activation fee is required prior to contract launch.
Contractor will provide the following:
• RFID technology on all Collection Vehicles and Containers.
• Maintain RFID Software to provide collection data reports in real time through a data feed directly to
Recycling Perks.
• Provide a list of container deliveries identifying residential address, container serial number, RFID number,
route, zip code and ongoing updates relating to new, moved or replaced containers within the program.
• A willingness to participate in community events that will promote the Perks program.
• Introduction Letter to all residents announcing the program.
Recycling Perks to provide the following:
• Timely awarding of Recycling Perks points for all approved containers collected by hauler.
• Pricing is not affected by the size or type of container collected.
• Participation is recorded automatically and the Recycling Perks Program awards points automatically upon
the collection of each container.
• RFID technology is used to automatically identify each resident's participation, each day.
• Recycling Perks points will be calculated and distributed based on the participation of the household.
Weight per individual household will not be used in determining points.
• Businesses in Augusta will be offered the opportunity to be a Reward Partner free of charge.
• Recycling Perks points do not expire.
• Recycling Perks will be available for all residents prior to the first collection day.
• Recycling Perks provides a dedicated, toll free number and customer service team specific for each
municipality offering incentives through Recycling Perks.
• Pricing for Recycling Perks is unaffected by the contractors choice of container.
• Recycling Perks will hire and manage a Municipal Market Manger as the single point of contact for all
aspects of the incentive program in Augusta.
• Recycling Perks will also initiate a local charity campaign designed to give back to the community based on
the success and viability of our rewards program.
The communication plan shall consist of the following Contractor contract information for Contractor staff. These
staff shall be available as per the provisions above.
For the Contractor:
Title:
Office Phone:
Cellular Phone:
Email:
Title:
Office Phone:
Cellular Phone:
Email:
Title:
Office Phone:
Cellular Phone:
Email:
Title:
Office Phone:
Cellular Phone:
Email:
District Manager
Emergency Contact
Operations Manager
Customer Service /Dispatch
APPENDIX E
Communications Plan
ATTACHMENT B: First -Tier Subcontractor, Sub - Consultant, Supplier Information Form
PRIME CONTRACT/PURCHASE ORDER TITLE (IF ANY):
PRIME CONTRACT/PURCHASE ORDER NUMBER (OR ITEM #):
START DATE: APPROXIMATE COMPLETION DATE:
Please provide the following information for EACH FIRST -TIER SUBCONTRACTOR, SUB - CONSULTANT, OR SUPPLIER THAT PROVIDED GOODS AND /OR
PERFORMED SERVICES ON THIS CONTRACT OR PURCHASE ORDER. Number of subcontractor lines must match the total number of first -tier subcontractors
indicated in the last line of Attachment A (include Additional Pages if Necessary)
PAGE OF
'RIME CONTRACT/PURCHASE ORDER TITLE (IF ANY):
PRIME CONTRACT/PURCHASE ORDER NUMBER (OR ITEM #):
START DATE: APPROXIMATE COMPLETION DATE:
Please provide the following information for EACH FIRST -TIER SUBCONTRACTOR, SUB - CONSULTANT, OR SUPPLIER THAT PROVIDED GOODS AND /OR
PERFORMED SERVICES ON THIS CONTRACT OR PURCHASE ORDER. Number of subcontractor lines must match the total number of first -tier subcontractors
indicated in the last line of Attachment A (include Additional Pages if Necessary)
APPENDIX F
AUGUSTA- RICHMOND COUNTY - LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM
MONTHLY SUBCONTRACTOR/SUPPLIER UTILIZATION REPORT
List all subcontractors/suppliers, including lower tiers, to be used on this project.
PROJECT NO.
PROJECT NAME
REPORT PERIOD FROM
UTILIZATION ° lo
A 1 1 Ac:HIVItN 1 E3: t'Irst -1 ler suDcontractor, bua- c:onsuttant, ,uppnt.
TO , 20 PAY REQUEST AMOUNT PROPOSED LSB
PAGE OF
BASE BID $
RIME CONTRACT/PURCHASE ORDER TITLE (IF ANY):
PRIME CONTRACT/PURCHASE ORDER NUMBER (OR ITEM #):
START DATE:
CONTRACTOR: AUTHORIZED SIGNATURE
PAY REQUEST NO.
MI IMVnIVIGI i D: r1151, 1ICf JuuGU11udIGW1,.7uu VUIISUtWllt,
APPROXIMATE COMPLETION DATE:
Please provide the following information for EACH FIRST -TIER SUBCONTRACTOR, SUB - CONSULTANT, OR SUPPLIER THAT PROVIDED GOODS AND /OR
PERFORMED SERVICES ON THIS CONTRACT OR PURCHASE ORDER. Number of subcontractor lines must match the total number of first -tier subcontractors
indicated in the last line of Attachment A (include Additional Pages if Necessary)
TOTALS
PERCENTAGE OF TOTAL CONTRACT COMPLETED TO DATE
hid is awarded.
uestions: Contact Ms. Yvonne Gentry — Office. (706) 821 -2406 or Fax: (706) 821 -4228
PAGE OF
0
Total LSB%
DATE
0
0 -
Line
No.
Business Name
Address
City
State
Zip
Telephone
Contact Person/Title
Total Award Amount (in
dollars)
Total Amount Paid (in
dollars)
Owner(s) Race/Ethnicity
Owner(s)
Gender
Brief Description of Work Performed
Line
No.
Business Name
Address
City
State
Zip
Telephone
Contact Person/Title
Total Award Amount (in
dollars)
Total Amount Paid (in
dollars)
Owner(s) Race/Ethnicity
Owner(s)
Gender
Brief Description of Work Performed
ATTACHMENT B: First - Tier Subcontractor, Sub - Consultant, Supplier Information Form (Continued)
PRIME CONTRACT/PURCHASE ORDER TITLE (IF ANY):
PRIME CONTRACT/PURCHASE ORDER NUMBER (OR ITEM #):
START DATE:
APPROXIMATE COMPLETION DATE:
Please provide the following information for EACH FIRST -TIER SUBCONTRACTOR, SUB- CONSULTANT, OR SUPPLIER THAT PROVIDED GOODS AND /OR
PERFORMED SERVICES ON THIS CONTRACT OR PURCHASE ORDER. Number of subcontractor lines must match the total number of first -tier subcontractors
indicated in the last line of Attachment A (include Additional Pages if Necessary)
Business Owner(s) Primary Race /Ethnicity (White, Black, Hispanic, Asian, Native American, or Other):
Business Owner(s) Primary Gender (Male or Female):
Total No. of First -Tier Subcontractors /Sub - consultants /Suppliers on this Contract:
(This number should match the number of entries on Attachment B)
PAGE OF
Line
No.
Business Name
Address
City
State
Zip
Telephone
Contact Person/Title
Total Award Amount (in
dollars)
Total Amount Paid (in
dollars)
Owner(s) Race/Ethnicity
Owner(s)
Gender
Brief Description of Work Performed
Line
No.
Business Name
Address
City
State
Zip
Telephone
Contact Person/Title
Total Award Amount (in
dollars)
Total Amount Paid (in
dollars)
Owner(s) Race/Ethnicity
Owner(s)
Gender
Brief Description of Work Performed
Line
No.
Business Name
Address
City
State
Zip
Telephone
Contact Person/Title
Total Award Amount (in
Total Amount Paid (in
Owner(s) Race/Ethnicity
Owner(s)
Brief Description of Work Performed
START DATE:
R 1 t AtrruuvICN I CS: rir5i I iCr OUIJ U1ILF dGWr, auu �.unsu�ta��t, wuF+Er..
RIME CONTRACT/PURCHASE ORDER TITLE (IF ANY):
PRIME CONTRACT/PURCHASE ORDER NUMBER (OR ITEM #):
APPROXIMATE COMPLETION DATE:
Please provide the following information for EACH FIRST -TIER SUBCONTRACTOR, SUB- CONSULTANT, OR SUPPLIER THAT PROVIDED GOODS AND /OR
PERFORMED SERVICES ON THIS CONTRACT OR PURCHASE ORDER. Number of subcontractor lines must match the total number of first -tier subcontractors
indicated in the last line of Attachment A (include Additional Pages if Necessary)
PAGE OF
Line
No.
Business Name
Address
City
State
Zip
Telephone
Contact Person/Title
Total Award Amount (in
dollars)
Total Amount Paid (in
dollars)
Owner(s) Race /Ethnicity
Owner(s)
Gender
Brief Description of Work Performed
Line
No.
Business Name
Address
City
State
Zip
Telephone
Contact Person/Title
Total Award Amount (in
dollars)
Total Amount Paid (in
dollars)
Owner(s) Race/Ethnicity
Owner(s)
Gender
Brief Description of Work Performed
ATTACHMENT B: First - Tier Subcontractor, Sub - Consultant, Supplies
PRIME CONTRACT/PURCHASE ORDER TITLE (IF ANY):
PRIME CONTRACT/PURCHASE ORDER NUMBER (OR ITEM #):
START DATE:
APPROXIMATE COMPLETION DATE:
Please provide the following information for EACH FIRST -TIER SUBCONTRACTOR, SUB - CONSULTANT, OR SUPPLIER THAT PROVIDED GOODS AND /OR
PERFORMED SERVICES ON THIS CONTRACT OR PURCHASE ORDER. Number of subcontractor lines must match the total number of first -tier subcontractors
indicated in the last line of Attachment A (include Additional Pages if Necessary)
dollars)
dollars)
Gender
PAGE OF
Line
No
Business Name
Address
City
State
Zip
Telephone
Contact Person/Title
Total Award dollars) Amount (in
Total Amount ) a id (in
Owner(s) Race/Ethnicity
Gender)
Brief Description of Work Performed
Line
No.
Business Name
Address
City
State
Zip
Telephone
Contact Person/Title
Total Award Amount (in
dollars)
Total Amount Paid (in
dollars)
Owner(s) Race/Ethnicity
Owner(s)
Gender
Brief Description of Work Performed
Line
No.
Business Name
Address
City
State
Zip
Telephone
Contact Person/Title
Total Award Amount (in
Total Amount Paid (in
Owner(s) Race/Ethnicity
Owner(s)
Brief Description of Work Performed
tIME CONTRACT/PURCHASE ORDER TITLE (IF ANY):
'RIME CONTRACT/PURCHASE ORDER NUMBER (OR ITEM #):
START DATE:
APPROXIMATE COMPLETION DATE:
Please provide the following information for EACH FIRST -TIER SUBCONTRACTOR, SUB - CONSULTANT, OR SUPPLIER THAT PROVIDED GOODS AND /OR
PERFORMED SERVICES ON THIS CONTRACT OR PURCHASE ORDER. Number of subcontractor lines must match the total number of first -tier subcontractors
indicated in the last line of Attachment A (include Additional Pages if Necessary)
PAGE OF
ATTACHMENT B: First -Tier Subcontractor, Sub - Consultant, Supplier Information Form (Continued)
PRIME CONTRACT/PURCHASE ORDER TITLE (IF ANY):
PRIME CONTRACT/PURCHASE ORDER NUMBER (OR ITEM #):
START DATE:
APPROXIMATE COMPLETION DATE:
Please provide the following information for EACH FIRST -TIER SUBCONTRACTOR, SUB - CONSULTANT, OR SUPPLIER THAT PROVIDED GOODS AND /OR
PERFORMED SERVICES ON THIS CONTRACT OR PURCHASE ORDER. Number of subcontractor lines must match the total number of first -tier subcontractors
indicated in the last line of Attachment A (include Additional Pages if Necessary)
dollars)
dollars)
Gender
PAGE OF
ATTACHMENT B: First -Tier Subcontractor, Sub - Consultant, Supplier Information Form (Continueu,
PRIME CONTRACT/PURCHASE ORDER TITLE (IF ANY):
PRIME CONTRACT/PURCHASE ORDER NUMBER (OR ITEM #):
START DATE: APPROXIMATE COMPLETION DATE:
Please provide the following information for EACH FIRST-TIER SUBCONTRACTOR, SUB - CONSULTANT, OR SUPPLIER THAT PROVIDED GOODS
AND /OR PERFORMED SERVICES ON THIS CONTRACT OR PURCHASE ORDER. Number of subcontractor lines must match the total number of first -
tier subcontractors indicated in the last line of Attachment A (include Additional Pages if Necessary)
I attest, to the best of my knowledge and belief, that the information furnished in Attachment A and Attachment B is correct and accurate.
By:
Company:
Phone Number:
Date:
Name and Title of Company Officer
PRINTED NAME AND TITLE
Name of Company
PAGE OF