HomeMy WebLinkAboutAUGUSTA , GEORGIA STREET SWEEPING AGREEMENT BETWEEN AUGUSTA AND INLAND SERVICEAUGUSTA, GEORGIA STREET SWEEPING AGREEMENT
THIS AGREEMENT (the "Agreement ") is effective as of the day of _ , 2012 (the
"Effective Date "), with the first day of service being September 1, 2013(the "Starting Date ") by and
between Augusta, Georgia, a political subdivision of the state of Georgia (hereinafter referred to as the
"Augusta "), and Inland Service Corporation (hereinafter referred to as "Contractor ").
WHEREAS, Augusta, Georgia owns and operates a Subtitle D and inert landfill known as Deans Bridge
Road Landfill; and
WHEREAS, the Deans Bridge Road Landfill is the destination for the Sweepings to be collected under
this Agreement; and
WHEREAS, Augusta desires the Contractor to provide street sweeping services; and
WHEREAS, Augusta desires the Contractor to provide vehicles that operate solely on compressed natural
gas (hereinafter referred to as "CNG "); and
WHEREAS, Augusta desires to provide the Contractor with CNG; and
WHEREAS, the Contractor agrees to purchase CNG from Augusta; and
WHEREAS, all parties hereto desire to set forth the rights and obligations of the parties in this
Agreement.
NOW, THEREFORE, in consideration of the promises, the mutual premises and the compensation as
defined below and other good and valuable consideration, the parties hereto hereby agree as follows:
Street Sweeping Services
Augusta, GA
SECTION 1- DEFINITIONS
For the purpose of this street sweeping services contract, hereinafter referred to as "Contract ", the
definitions contained in this Section shall apply unless otherwise specifically stated. When not
inconsistent with the context, words used in the present tense include the future, words in the plural
include the singular, and words in the singular include the plural. To the extent the definitions contained
herein conflict with similar definitions in any federal, state or local law, the definition in the contract shall
prevail. Use of the masculine gender shall include the feminine gender. The word "shall" is always
mandatory and not merely discretionary.
Augusta means Augusta, Georgia, or its authorized agent(s).
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Contract means this Agreement as executed for the provision of street sweeping services in Augusta,
including all of the provisions, responsibilities, procedures, remedies, and attachments without exception.
Contract Administrator means Augusta's Environmental Services Director, or designee, assigned to
administer this Contract on behalf of Augusta.
Curb Mile equals 5,280 feet and is the measurement used to designate those miles predetermined by
Augusta to be swept by the street sweeping Contractor. Curb miles shall be rounded to the nearest whole
foot.
Customer means the recipient of street sweeping services within Augusta, provided through this
Contract.
SECTION 2 - CONTRACT TERM AND COMMENCEMENT
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Damages means agreed to, actual, compensatory, consequential, continuing, direct, irreparable, punitive,
presumptive, proximate and/or rescissory damages incurred by Augusta, the payment of which shall not
be an exclusive remedy.
Hazardous Waste means waste, in any amount, which is defined, characterized, or designated as
hazardous by the United States Environmental Protection Agency or appropriate State agency by or
pursuant to federal or state law, or waste, in any amount, which is regulated under federal or state law; as
well as all waste defined as "Hazardous Waste" in this Agreement.
Sweepings means all litter, rubbish, leaves, and, dirt, garbage and other foreign materials removed from a
paved surface or other area as required by this contract by a street sweeper.
2.1 Performance Commencement
The term of this Agreement shall commence on September 1, 2013, and terminate on December
31, 2018 (the "Initial Tenn") unless this Agreement is terminated earlier by Augusta as herein
provided. This Agreement may be renewed for two (2) or more successive two (2) year terms
(the "Renewal Terms ") upon mutual agreement of the parties at the rates herein (as may be
adjusted as provided herein) no less than sixty (60) days prior to the expiration of the Initial Term
or the then current Renewal Term.
2.2 Transition prior to Commencement Date of this Contract
Contractor understands and agrees that the time between the formal Contract signing and
September 1, 2013, is intended to provide the Contractor with sufficient time to, among other
things, order equipment, prepare necessary routing, and prepare to start services. Contractor shall
be responsible for the provision of all services beginning September 1, 2013. Accordingly,
Contractor shall provide services as set forth in this Contract no later than September 1, 2013.
2.3 Transition upon Expiration of this Contract
2.3.1 Continuation of Contractor's Service
If Augusta does not exercise its right to renew this Contract or if there are no renewal
options remaining, Augusta will attempt to award a new agreement at least six (6) months
prior to the expiration of this Contract. In the event a new agreement has not been
awarded within such time frame, Contractor shall provide services to Augusta on a
month -to -month basis after the expiration of this Contract, at the then established rates, if
Augusta requests this service with at least thirty (30) days notice to the Contractor.
2.3.2 Schedule for Termination of Contractor's Service
Prior to the termination of this Contract, Contractor shall work with Augusta to ensure
that there is no interruption or reduction of service when the Contractor ends its services
to Augusta. If a new contract is awarded to a company other than the Contractor, the
Contractor shall coordinate and cooperate with the newly selected company, as well as
Augusta, to minimize any disruptions in the service provided to the public.
Street Sweeping Services
Augusta, GA
SECTION 3 - GENERAL SERVICE REQUIREMENTS
Proposed Schedule
3.1 Scope of Service
Sweeping services shall be provided from curb to curb as described in Section 4 of this
Agreement. Services shall include furnishing all labor, equipment, tools, fuel, material,
insurance, supervision, and all other items incidental to performing municipal street sweeping
services.
3.2 Routine Sweeping Services
The Contractor shall provide quarterly street sweeping services of all Augusta -owned residential
streets, major arterial streets, all industrial streets, intersections and alleys; Augusta may include
State -owned highways, roads and interstates at its sole discretion. Sweeping services shall be
provided from curb to curb, as described in Section 4. During certain seasonal variations, debris
collection may require more than one pass in order to sufficiently clean the street. This service
shall be included in the unit curb mile price at no additional cost to Augusta.
Street Sweeping Services
Augusta, GA
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a. Once every quarter sweeping of all Augusta -owned residential streets;
b. Once every quarter sweeping of all major arterial streets, including median islands and
striped medians;
c. Once a quarter sweeping of all industrial streets, intersections and alleys. Schedule to be
developed by contractor and approved by Augusta prior to implementation.
d. Other areas requested by Augusta
3.3 Island and Gutter Maintenance
3.3.1 Island Maintenance
The Contractor shall quarterly (every 3 months) sweep and clean the raised, solid surface
traffic islands, traffic divides, gore points, and intersection islands.
3.3.2 Island Herbicide
The Contractor shall quarterly (every 3 months) spot apply herbicide to the raised, solid
surface traffic islands, traffic divides, gore points intersection islands as well as areas
with a solid surface under the guardrails to kill current vegetation.
3.3.3 Gutter Line Spraying
The contractor shall quarterly (every 3 months) spot apply herbicide to all gutter areas,
center divides, underneath guard rails installed on pavement, and along any other solid
surface traffic islands, traffic divides, gore points, intersection islands or solid surface
median where vegetation is growing. The gutter area shall consist of the area from the
base of the curb out two (2) feet towards the roadway. Where no curb is present, it shall
be from the edge of pavement out two (2) feet towards the roadway.
3.4 Additional Services
Additional services or assignments requested by Augusta, including special event sweeping and
parking lot sweeping, shall be performed by the Contractor. Payment for said services shall be
based upon the contracted hourly rate.
3.4.1 Special Events
Special event sweeping shall be paid at the specified hourly rate based on the actual hours
of sweeping. Special Events may include items such as;
a. Automobile accidents
b. Material spills on the roadway
c. Construction zone clean -up
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3.4.2 Parking Lots
Parking lot sweeping shall be paid at the specified hourly rate based on the actual hours
of sweeping.
3.4.3 Emergency call -outs
Emergency call -outs will be measured by the actual hours spent sweeping, plus the
shortest travel time either to or from the work site. Travel time longer than twenty (20)
minutes must be justified in writing to Augusta.
3.5 Privately Owned Streets
Augusta may extend this offer for services to Home Owners Associations (HOA's) within
Augusta. Any or all of the HOA's may enter into separate agreements with the Contractor. The
rate that the Contractor charges HOA's for services shall be consistent with the curb mile charge
agreed to in the approved rate schedule with Augusta. The Contractor shall arrange for billings
and service schedules with the individual HOA's directly. Sweeping services shall be in
accordance with professional street sweeping policies and practices as stated herein.
3.6 Change in Services
During the term of this Agreement or any extension thereof, Augusta may elect to increase or
decrease the frequency or number of miles of street sweeping services. The said increase or
decrease shall be made in writing.
3.7 Hours of Collection
Standard operational hours for residential areas shall be 8:00 a.m. to 4:00 p.m., and all other areas
being serviced starting after 11:00 p.m. and being completed by 7:00 a.m. or as modified by
Augusta from time to time. Modifications to the Hours of Collection shall be issued or confirmed
in writing by Augusta.
3.8 Holiday Schedule
The Contractor shall provide services on all legal holidays except New Years Day, Memorial
Day, Fourth of July, Labor Day, Thanksgiving and Christmas. Services shall be delayed one (1)
day for each observed holiday. For example, if Friday is a holiday then collections normally
scheduled on Friday will be collected on Saturday.
3.9 Collection Days
Sweeping routes must be spread out evenly over five (5) days, Monday through Friday.
Schedules shall be set so that each area will be serviced at approximately the same interval in
approximately the same order.
3.10 Service Verification and Documentation
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.
Street Sweeping Services
Augusta, GA
All data should be available to Augusta on a real -time basis. This technology shall be further
outlined in Section 6.
4.1 Standard of Performance
SECTION 4 — STANDARD PRACTICES
4.1.1 Curb to Curb
The entire length of all curbs (including median curbs, median noses and curb returns),
uncurbed pavement edges, flush and/or striped medians shall be swept each time the
associated street is swept. The term "street" shall include the paved area between the
normal curb lines of the roadway, whether or not an actual curb exists. Sweeping shall be
performed in the same direction as the traffic flow at all times. The entire area of each
intersection will be swept. The balance of each street shall be swept as needed. In any
case, no debris shall be left any place on the street pavement after sweeping is completed.
As new streets are constructed, paved, and/or accepted by Augusta, a list of these streets
will be provided to the Contractor and then included in the regular monthly schedule.
4.1.2 Level of Cleanliness
Initially, the Contractor shall be afforded two (2) quarterly sweep events to achieve the
hereinafter level of cleanliness.
Contractor shall remove all debris from all streets every sweeping cycle. The Contractor
shall make as many passes as necessary to accomplish the task at no additional cost to
Augusta. This action will include the removal of spills of concrete, rock, gravel, accident
debris, etc. Items of excessive size, such as cardboard, retreads, large rocks, etc., shall be
physically picked -up and placed in the hopper by the operator or Contractor's personnel.
The sweeping operation does not include the removal of waste materials in the catch
basins of storm sewers.
4.2 Sweeping
The Contractor shall, at all times, use good sweeping practices and will be responsible to make
adjustments to the equipment, as necessary. The Contractor must exercise due care so as to
prevent spilling, scattering or dropping of refuse or wastewater throughout sweeping activity and
shall immediately clean -up such spillage, dropping, or scattering. Sweeping practices include,
but are not limited to:
4.2.1 Position gutter brooms at the proper angle to the gutter flow line, touching the curb.
4.2.2 Set main broom in level position to assure debris pick -up. Apply appropriate
broom pressure for sweeping conditions to obtain a minimum strike pattern of five (5)
inches.
4.2.3 Adjust spray nozzles to keep dust, caused by sweeping, to a minimum.
4.2.4 Center dirt reflector and main drag shoes shall be properly maintained and
adjusted, or any other device designed to direct debris or dirt into the path of the rear
broom.
Street Sweeping Services
Augusta, GA
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4.2.5 Sweeping speed shall be adjusted to street conditions with a maximum speed of
six (6) miles per hour. Patterned concrete medians, intersections and crosswalks
shall be swept at a maximum speed of three (3) miles per hour.
4.2.6 Operate sweepers as close to parked cars or other obstacles as safety allows.
4.2.7 Use common sense and good judgment at all times.
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4.2.8 All work performed pursuant to this Agreement is subject to inspection by the
Contract Administrator. Areas found to be unsatisfactory shall be re- swept. No payment
shall be made for such re- sweeping.
4.2.9. Report any and all accidents, regardless of how minor, involving another person,
private property, or a vehicle, should be handled appropriately with the Sheriff's
Department, and a copy of any such report generated provided to Augusta.
4.2.10 Contractor shall have an adequate supply of spare brooms and parts to insure
continuous operation. Worn brushes and brooms shall be replaced and adjusted to insure
maximum efficiency.
4.2.11 Collection vehicles shall be fully operational during all sweeps.
4.2.12 An arrow board shall be mounted on the rear of all collection vehicles.
4.2.13 All work zone safety requirements shall be met, including but not limited to
GDOT requirements, signage, and traffic control.
4.3 Water Utilization
Contractor shall obtain a fire hydrant meter(s) or other water supply as necessary from the
Augusta Utilities Department to perform operations under this Agreement. The Contractor may
have to enter into an agreement with Augusta's Utilities Department for said services. All costs
incurred for the supply and distribution of water shall be borne by the Contractor.
Water for sweeping shall be provided by Augusta at the Contractors Expense. The reporting of
water usage shall be provided to Augusta, and the Contractor shall make the necessary
arrangements to use hydrants throughout the contract period.
Street Sweeping Services
Augusta, GA
SECTION 5 - ROUTING AND COLLECTION SCHEDULES
5.1 Routes
The Contractor shall divide the entire service area into 13 relatively equal areas. Each area shall
represent one week of work out of the quarter. The Contractor shall provide service to each of
those areas in the corresponding weeks of the quarter.
5.2 Route Maps
The Contractor shall annually review the existing route maps and evaluate workloads and service
areas for effectiveness and efficiency. Augusta will review the Contractor's route maps to ensure
that all areas to be collected are included, and that routing does not result in dangerous practices.
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5.2.1 Route Details
Each set of detailed route maps must show, for each collection day, the areas to be
collected, the starting point for collection, and the exact direction and sequence of travel
of the streets and alleys for each route to be collected.
5.2.2 Route Boundaries
Routes shall be bounded by natural boundaries, such as bodies of water, major highways
or arterials. Any boundaries that are on secondary or residential roads shall be divided on
the back of property lines to ensure both sides of the street are collected on the same day
and route.
5.2.3 Route Map Format
Route maps shall be submitted in reproducible, approved GIS format. All street names
must be legible. The Contractor may request current street maps showing parcel
information from Augusta's GIS manager. Once a format is agreed upon, all future route
maps shall be prepared using the same format.
5.3 Routing and Collection Day Changes
When adjustments are warranted, the Contractor shall submit detailed route maps, one (1) set
each to Augusta for Augusta's review.
5.3.1 Route Change Requests
In the event collection days or routes become unbalanced due to population changes or
other reason, Augusta may allow the Contractor to make revisions to its initial approved
route maps. The Contractor shall submit any requests for changes in routing or collection
schedules to Augusta for Augusta's review and approval.
5.3.2 Route Change Documentation
All such changed routes must be documented in the same detail as the original route
maps supplied by the Contractor, as described in Section 5.1, and must include the
reasons for the requested change and the number of Locations affected in each route.
Changes shall involve easily identifiable route and area boundaries for ease in
communicating the change to Customers.
5.4 Route Order
The Contractor shall complete each route in the order approved by Augusta. Route maps are used
by Augusta to document and monitor areas to be collected in order to provide good customer
service to the public and to respond to Customer complaints and reported collection misses.
Should there be an equipment failure reported to Augusta, the Contractor may request
authorization from Augusta for a temporary route change.
5.4.1 Route Audits
Augusta shall have the right to be a passenger in the collection vehicles for the purposes
of auditing routes and services. Augusta shall request such activity at least 48 -hours in
advance.
6.1 Smart Vehicle Onboard Technology
Street Sweeping Services
Augusta, GA
SECTION 6 — 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.
This system shall work complementary to other systems that Augusta has in place to track current
contracts or assets. The system shall be able to perform the following functions;
6.1.1 Fully Automated Service Verification
The technology shall be capable of tracking 1/0 ports such as right gutter broom, left
gutter broom, main broom and water on/off. Broom activity shall be able to be tracked in
both time and distance as well as visually displayed on a map.
6.1.2 Provide Detailed Route Sheets
The contractor shall develop daily routes for each sweeper. 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.
6.1.3 Hazard Identification
The Contractor shall have a means and method of reporting safety or infrastructure issues
to Augusta. Such items include the location of potholes, low- hanging branches, storm
drains which require repair or cleaning, drainage issues, illegal dumps, and vacant lots
which require cleaning or cutting. When a problem is reported, it must show the GPS
location of said issue.
6.1.4 Global Positioning System
a. All data gathering and tracking shall be geo -coded and provide real -time vehicle
locations (within 2 minutes), route driver, travel path and sweeping path.
6.1.5 Messaging
Wireless communication to each vehicle while in the yard, en- route, or at the Designated
Disposal facility, and real -time messaging between the driver and the back - office
software.
6.1.6 Reporting
a. A report center that allows the logging of time for breaks, customer stops,
refueling, landfill, and others.
Street Sweeping Services
Augusta, GA
b. Reporting of actual work time, and actual drive time.
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b. GPS shall be able to track the speed the vehicle is traveling and show exceptions
for speed while the brushes are engaged.
c. GPS shall be able to track speeds in one mile per hour increments.
d. The items listed above, shall be viewable on a map.
c. The exact route each vehicle took each day including key data such as speed,
distance.
Street Sweeping Services
Augusta, GA
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d. The exact route cleaned each day including key data such as speed while
cleaning, distance of sweep, any exceptions to speed while sweeping.
e. The reports shall also show any truck identified hazards by date /time, as well as
issue.
f. Reports should be customizable.
SECTION 7 — EQUIPMENT /FACILITIES
7.1 Collection Vehicles
The Contractor shall provide and maintain during the Contract a fleet of collection vehicles
sufficient in number and capacity to perform the services described in this Agreement. All
vehicles shall be appropriately licensed with the State of Georgia, in Augusta, and comply with
all applicable federal, state, and local laws and regulations.
The Contractor shall provide and use only such equipment, material, and facilities as are capable
of performing quality and timely services required by this Agreement. The Contractor's
collection vehicles shall be maintained by the Contractor, kept clean, neat, kept in good repair
and working order. The Contractor shall furnish, at its sole expense, whatever backup or
substitute equipment may be required to continue performance of the services.
7.1.1 Vehicle Specifications
a. All collection vehicles shall have enclosed bodies.
b. All sweepers shall have a minimum sweep path of eight (8) feet width as
measured with all brooms in the sweeping position. Equipment without this
capacity will not be acceptable.
c. All sweepers shall meet and be operated to meet PM 10 compliance, and shall
meet the requirements of the South Coast Air Quality Management District
(SCAQMD Rule 1186 list of Certified Street Sweepers. The Entire Rule 1186
and 1186 Appendix A can be downloaded from the AQMD website at;
http://www.aqmd.gov/tao/FleetRules/1186.1Sweepers/index.htm.
d. The Contractor may use new or used equipment so long as the equipment is
capable of performing the required services in accordance with this Agreement.
Collection equipment utilized in this Agreement shall not be more than six (6)
years old.
e. Prior to the Starting Date and then quarterly thereafter, the Contractor shall
supply Augusta with a list of all equipment to be used in providing services and
shall notify Augusta of additions or deletions as they occur.
f. The Contractor shall maintain a dedicated fleet solely for use to provide Augusta,
Georgia street sweeping services included in this Contract. With Augusta's
approval, and at the sole discretion of Augusta, vehicles used in the provision of
services under this Agreement may be used for other purposes, provided that the
Contractor has made a request in writing, and such request was approved by
g.
Street Sweeping Services
Augusta, GA
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Augusta in writing. Any such use shall not interfere in any way with the
Contractor's provision of services under this Agreement. Augusta reserves its
right to revoke such authorization at any time for any reason.
The Contractor shall be responsible for arranging for tare weights with the
Designated Disposal Facility for all collection or transport vehicles prior to the
Starting Date, and shall periodically, upon request from Augusta, arrange for
updated tare weights.
h. All collections vehicles used to perform functions under this Contract shall be
equipped with the following in complete and sound working order:
1. Progressive noise back -up alarm.
2. Back -up camera with monitor visible from any driving position.
3. A 10 pound fire extinguisher.
4. A 25 person first aid kit.
5. Minimum of three safety marking devices (flares, or reflective
triangles).
6. Top- mounted strobe light(s) activated while collecting materials.
7. Rear - Mounted LED arrow board activated while collecting
materials, similar to Whelen RF 165NF1.
8. A spill kit with a minimum size of 10 gallons to handle
operational spills.
All supervisors vehicles used to perform functions under the Contract shall be
equipped with the following in complete and sound working order:
1. A 10 pound fire extinguisher.
2. A 25 person first aid kit.
3. Minimum of three safety marking devices (flares, or reflective
triangles).
4. A spill kit with a minimum size of 10 gallons to handle
operational spills.
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All collection vehicles or personnel must be equipped with a communication
device (i.e. cell phone or radio) which allows for immediate communication
between the collection vehicle and a supervisor, and/or the Contractor's office.
CB radios are not acceptable.
k. All vehicles operated under the authority of this Contract shall be driven in
compliance with Uniform Rules of the Road and Georgia State traffic laws and,
where applicable, Augusta's codes, ordinances, and rules.
1. The Contractor shall make a reasonable effort to empty each collection vehicle at
the end of each day.
m. The Contractor is responsible for any and all fees associated with disposal
permits, inspection fees, IFTA stickers, etc. These permits shall be timely
obtained.
n. Prior to the Starting Date, and annually thereafter, the Contractor shall have a
D.O.T. inspection performed on all vehicles operating under this Contract by a
competent third party firm to perform such inspections. Copies of said
7.5 Marketing Campaign
inspection shall be supplied to Augusta within 30 days of the inspection taking
place. Should a vehicle not pass inspection, it shall be removed from service
until such time as the deficiency has been remedied.
o. Augusta shall have the right to inspect all vehicles used in performing this
Contract. Augusta shall have the right to do random spot inspections as it deems
reasonably necessary. Should a vehicle not pass inspection, it shall be removed
from service until such time as the deficiency has been remedied.
p. All collection vehicles and supervisors vehicles operated under this Agreement
shall operate solely on Compressed Natural Gas (CNG).
1. Vehicles operating on CNG shall be able to be filled at a minimum flow
rate of six (6) diesel gallon equivalents (DGE) per minute.
2. All vehicles operating on CNG shall be equipped with a 1000 scfm fill
port for fast filling and it is recommended that they also have a 5000 scfm
fast fill port.
3. All vehicles shall be equipped with Syntech - Fuelmaster Systems, AIMS II
product which will communicate directly with the fueling island.
7.2 Vehicle Cleaning
All vehicles must be kept clean, in sanitary condition, and good repair at all times. The Contractor
shall ensure that all collection vehicles are washed as required to reduce possible odor and
provide a positive image.
7.3 Vehicle Leaks & Spills
Minimizing hydraulic fluid, oil leaks and spills on public or private streets and parking lots is a
high priority for Augusta, Georgia. The Contractor shall maintain equipment in top mechanical
condition, and the operator shall exercise vigilance in observing for leaks and spills that may
develop during the collection day and take immediate corrective action to stop the leak or spill
and call for cleanup of hydraulic fluid, oil, other vehicle fluids or other leaks or spills present
upon the public or private streets or parking lots.
7.4 Vehicle Identification and Presentation
Each Contractor vehicle will be clearly identified with the Contractor name, a vehicle number,
and a telephone number that can be clearly read from a distance of 100 feet.
7.5.1 Vehicles
The Contractor shall provide trucks that have been wrapped in a marketing campaign that
address the following issues. At a minimum, it shall include Augusta phone number and
Augusta email and/or web site information. Wraps may need to be replaced from time to
time, to ensure that their appearance is acceptable to Augusta.
7.5.2 Recycling awareness and participation
7.5.3 Storm Water Awareness
7.5.4 Eco friendly solutions
7.5.5 CNG Benefits
Street Sweeping Services
Augusta, GA
7.5.6 Others as approved
7.6 Facilities
The Contractor shall operate a facility within Augusta, Georgia, and will license /tag all vehicles
utilized by the Contractor in the performance of this Contract in Augusta.
SECTION 8 - DISPOSAL SITES
8.1 Ownership of Collected Materials
The Contractor shall have ownership of the Sweepings from the time of collection until the
materials are deposited at the Designated Disposal Facility.
8.2 Designated Disposal Facility
The Contractor shall be responsible for abiding by all rules and policies pertaining to the delivery
of Sweepings as directed by the Designated Disposal Facility.
8.2.1 Designated Disposal Facility
All sweepings shall be delivered to the Deans Bridge Road Landfill, located at 4330
Deans Bridge Road, Blythe, Georgia 30805.
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Disposal of Sweepings will be provided by Augusta at no charge to the Contractor for all
materials delivered to the Designated Disposal Facility.
Mixing of non - contract Sweepings and waste is strictly prohibited, and will be
considered a breach of contract.
The Contractor will be responsible for obtaining the necessary permits for disposal of
waste at the Designated Disposal Facility.
8.2.2 Transfer Locations
Once collected, no Sweepings or waste shall be deposited back onto the ground. Should
the contractor wish to transfer the sweepings or waste materials, it shall be transferred
into another vehicle or waste disposal container (such as a roll off box). If sweepings or
waste is transferred, they must then be transported to the Designated Disposal Facility for
disposal. The Contractor shall not operate a waste storage site as a means of processing or
storing Sweepings. The Contractor is responsible for any and all permits required.
SECTION 9 — MEDIA AND CAPITAL COSTS
9.1 Media Design and Distribution
Between the Effective Date and the Start Date, the Contractor shall provide a Media Design and
Distribution firm capable of designing, distributing, and producing the following items. The
schedule of such services shall be coordinated with Augusta to insure a timely implementation.
9.1. 1 Truck Media
The Media firm will design, produce, and install various vehicle media and wraps as
approved by Augusta. The Contractor shall bear all costs for the production and
installation of media items on their collection vehicles. All vehicles shall state that they
are fueled by CNG.
Street Sweeping Services
Augusta, GA
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9.1.2 Pamphlets, Handouts, Advertising, Public Service Announcements
The Media firm will be capable of designing pamphlets, handouts, large advertising
pieces (such as newspaper advertisements and billboards), as well as Public Service
Announcements at the direction and approval of Augusta.
9.1.3 Other Media
Augusta may utilize the funds for other media which may include newspaper
advertisement, billboards, or other forms of advertisement or public relations as Augusta
deems appropriate.
9.2 Initial Costs
Between the Effective Date and the Start Date, the Contractor shall provide the following items;
9.2.1 Management Software
A one -time fee of $200,000 for software licensing, set up, and integration will be
provided at the inception of the contract.
9.2.2 Initial Media
A one -time fee of $50,000 for initial media design and distribution, which could include
the design of an internet site, truck media, pamphlets, advertising and other advertising.
9.3 Unused Funds
Any unused funds from the activities in this Section shall be credited to Augusta on the final
statement of the year.
10.1 Contact with Contractor
SECTION 10 - PERSONNEL AND SAFETY
10.1.1 Office Hours and Contact Personnel
A responsible person in charge shall be available to Augusta during the time period of
8:00 a.m. to 5:00 p.m. Monday through Friday, and on Saturday when collection is
scheduled, with the authority to make decisions relevant to operations under this
Agreement.
Route supervisors will be accessible by telephone on all days and times when collection
operations are in progress. The names and phone numbers of emergency representatives
shall be given to Augusta prior to the Starting Date, and shall be updated as soon as any
changes are made.
10.1.2 Augusta Contact Persons
Augusta will designate a contact person for operational issues and a contact person for
Agreement administration issues. It is, however, recognized that daily operational
communications will occur at all levels of staff. To the extent that these communications
facilitate job performance, they are encouraged.
10.1.3 Communication Devices
The Contractor shall provide, at the Contractor's cost, sufficient communicating devices
to facilitate good two -way communication between Contractor personnel, and Augusta
Environmental Services Department supervisory staff and support personnel.
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10.2 Employees
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10.1.4 Computer Hardware and Software Requirements
The Contractor shall provide network access with sufficient bandwidth and speed to
transfer data in a timely manner between Augusta and the Contractor's operation center in
a manner acceptable to Augusta. The Contractor's computer system shall be capable of
running in a Windows environment and at an appropriate version of Windows to be
compatible with Augusta's software.
10.1.5 Software Requirements
The Contractor shall acquire and operate at least one stand -alone license for Insight of the
appropriate release to support the customer service software. The customer service
software (Insight) and data shall remain the sole property of Augusta.
Augusta shall be responsible for all data integrity including routine system maintenance,
backups, and data recovery. The Contractor shall be responsible for system maintenance
includes troubleshooting at the Contractor's facility.
System availability will be a minimum of 12 hours per day, 5 days per week as defined
by Augusta.
The Contractor shall provide a firewall between their facilities and Augusta facilities
acceptable to Augusta for the protection and integrity of Augusta's network.
10.2.1 Character of Workers
All employees, subcontractors, superintendents, foremen, and workers employed by the
Contractor shall be competent and careful workers, skilled in their respective trades. The
Contractor shall not employ any person who repeatedly engages in misconduct or is
incompetent or negligent in the due and proper performance of his or her duties under
this Agreement. The Contractor shall furnish such supervision, labor, and equipment as is
considered necessary for the fulfillment of the services in an acceptable manner at a
satisfactory rate of progress.
10.2.2 Drug -Free Work Place
The Contractor shall prohibit the use of intoxicating and/or illegal substances by its
employees, subcontractors, superintendents, foremen, and workers while on duty or in the
course of performing their duties under this Agreement. Records of any such substance
testing will be provided to Augusta upon written request.
10.2.3 Uniforms
The Contractor's employees, subcontractors, superintendents, foremen, and workers shall
be required to wear a clean uniform bearing the Contractor's name. The uniform shall
meet an ANSI class II standard for reflectivity and visibility. Employees, who normally
and regularly come into direct contact with the public, including drivers, shall bear some
means of individual identification such as a nametag or identification card.
10.2.4 Driver Credentials
Employees driving the Contractor's vehicles shall at all times possess and carry a valid
Commercial Driver's License issued by the State of Georgia or South Carolina for the
class appropriate to the weight of the vehicle being driven. Augusta reserves the right to
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require the Contractor to provide proof of compliance with federal laws regarding
Commercial Driver's Licenses, specifically information regarding drug testing.
10.2.5 Contract Employees
The Contractor's employees, officers, agents, and subcontractors shall, at no time, be
allowed to identify themselves or in any way represent themselves as being employees of
Augusta.
10.2.6 Removal of Contractor Employee
Augusta shall have the sole right to require the removal and replacement of a
Contractor's or subcontractor's employee working under this Contract. Augusta shall
exercise such a right by providing written notice to the Contractor.
Contractor will replace any personnel who separate from the Contractors employment
with equivalently qualified persons. The Contractor will replace such personnel as soon
as reasonably possible.
10.3 Property Damage /Accidents
10.3.1 Property Damage /Accidents
As between Augusta and the Contractor, the Contractor shall retain full responsibility for
all claims of damage to private property caused by the negligence or willful misconduct
of the Contractor. In the event of any property damage or accident caused by the
Contractor, the Contractor shall:
a. Immediately notify Augusta Environmental Services Department by telephone.
b. Leave a notice at the time of the damage at the location where the damage
occurred, informing the Customer of the damage and the telephone number
of the Contractor to call for follow -up.
c. Provide a written explanation to Augusta of the circumstances, results of any
investigation, and disposition of the claim.
d. Notify the Customer within ten (10) working days in writing of the disposition of
the claim and provide a copy to Augusta. If the Contractor assumes responsibility
for the damages, the notification shall include a date by which remedial action
will be completed.
e. Should repair be required, the Contractor shall provide appropriately licensed and
bonded personnel to complete the repair.
10.3.2 Claims Resolution
The Contractor shall use its best efforts to promptly and expeditiously resolve claims In
the event that the Contractor denies responsibility for damages and the Customer pursues
a remedy, Augusta may investigate. If Augusta believes that the Contractor is responsible
and the Contractor continues to deny responsibility, Augusta may pursue, and the
Contractor shall be obligated to the dispute settlement procedures as described in Section
19.16.
SECTION 11 - REPORTING REQUIREMENTS
Route Status Reporting
Communication from the Contractor on the status of each day's route completion is vital so that
Augusta can adequately respond to Customer complaints as they are received. Therefore, the
Contractor shall notify Augusta immediately of the following:
a. The status of Contractor collection service.
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b. Any changes or delays in route completion or anticipated route completion.
c. Equipment breakdowns.
d. Any other event, which could affect the normal time of completion of any route.
b. Policies for required insurance, policy amendments, and all other related insurance
documents,
d. Copies of bond documents for both payment and performance bonds.
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11.2 Record Keeping, Accounting, and Auditing
The Contractor shall keep and maintain complete and detailed records including, but not limited
to the following:
a. Records that provide the basis for the reports required under Section 12 including all
matters affecting amounts payable by or to Augusta or the Contractor,
c. Accounting records and vouchers evidencing all costs, receipts, payments, and any other
matter of accounting associated with the Contractor's performance in accordance with
generally accepted accounting principles and
11.2.1 Auditing
The Contractor's books, records, and accounts shall accurately, fairly, and in reasonable
detail reflect all Contractor's dealings and transactions, and shall contain sufficient data to
enable those dealings and transactions to be audited in accordance with generally
accepted governmental accounting and auditing standards.
Augusta, or its audit representative, shall have the right at any reasonable time to inspect,
copy, and audit records relating to the services accounting records, vouchers, and their
source documents which serve as the basis for costs, receipts, and payments. The said
records shall be available for Augusta's inspection and audit for a period of three (3)
years following the termination of this Agreement, and any extension of this Agreement
and for such further periods as may be necessary to resolve any matters which may be
pending at that time or any longer period required by applicable law. The Contractor shall
make available at Contractor's Augusta offices any such records to Augusta upon request.
11.2.2 Financial Condition
The Contractor shall immediately notify Augusta should it become apparent that the
Contractor is unable to pay its debts as they become due and payable or if there is an
adverse change in the Contractor's financial condition. The Contractor shall, upon
Augusta's request, provide to Augusta the Contractor's most recent audited financial
statements or un- audited statements if the audited statements are not then available.
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11.3 Reliability of Reports
The Contractor represents that all information the Contractor has provided or will provide to
Augusta is true and correct and can be relied upon by Augusta. Any material false or misleading
information or omission shall be just cause for Augusta to terminate this Agreement and/or
pursue any other appropriate remedy.
11.4 Observation and Inspection
Augusta, its representatives, and invitees shall have the right to observe and inspect operations at
all times, provided it is conducted in such a manner so as to minimize interference with the
Contractor's performance and operations. The inspection may review operating records for the
current and previous contract years, and may consist of an inspection of the physical areas of
operations and equipment with emphasis on contract compliance, safety and hazard mitigation.
Augusta, at its own expense, may at any commercially reasonable time inspect any and all
records relating to the services performed to verify that the services are being performed in
accordance with this Agreement.
Augusta's inspections shall not relieve the Contractor of any of its obligations herein or impose
any liability upon Augusta.
11.5 Local Small Business Language
In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractor expressly agrees to
collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of
its Local Small Business Opportunity Program and to make such records available to Augusta,
Georgia. The requirements of the Local Small Business Opportunity Program can be found at
www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1- 10- 129(d) (7), for all
contracts where a local small business goal has been established, the contractor is required to
provide local small business utilization reports. Contractor shall report to Augusta, Georgia the
total dollars paid to each local small business on each contract, and shall provide such payment
affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such
documents shall be in the format specified by the Director of minority and small business
opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to
provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta,
Georgia to exercise any of the remedies set forth, including but not limited to, withholding
payment from the contractor and/or collecting liquidated damages.
12.1 Basis and Method of Payment
The Contractor shall offer the services described herein at the following rates beginning at the
commencement of the Contract Term:
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Price per Curb Mile
GDOT Price per Curb Mile
(Interstate Rate)
SECTION 12 - COMPENSATION
$64.92
$85.09
Hourly Rate $215.00
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The listed unit price shall be adjusted annually for inflation beginning January 2015 in
accordance with Section 12.2.
12.2 Inflation Factor - CPI Adjustment
The Contractor shall be entitled to seventy percent (70 %) of the actual percentage change in the
CPI (as hereinafter defined).
The "CPI ". Means the Consumer Price Index for All Urban Consumers ( "CPI -U "), Atlanta,
Georgia — Atlanta, Georgia, All Items, 1982 -1984 equals 100, published by the United States
Department of Labor, Bureau of Labor Statistics ( "BLS "), or its successor. If BLS designates an
index with a new title or code number or table number as being the continuation of the index cited
above, the new index will be used, or if no new index is designated, the most nearly compatible
index shall be used.
12.2.1 General Conditions for Adjustments
12.4 Defective Pricing
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a. The CPI Index percentage change will be determined from January 1S to December 31S
of the previous year, with an implementation of any adjustment being made on January
1S and every January 1S thereafter with the first adjustment starting in January of 2015.
b. The Contractor must notify Augusta in writing by April 30 of each year beginning in
April of 2014, of the percentage of any rate adjustment as well as the new rates to be
implemented as allowed under this section. If timely notice is not received by
Augusta, no increase will be allowed for that year.
c. Should the CPI Index show a decrease, Augusta will automatically be entitled to a
reduced cost up to the allowable limits as defined hereinafter.
d. In any event, the adjustment will be limited to a maximum increase or decrease of four
percent (4 %) annually.
12.3 Fuel
Augusta shall provide CNG for use by the Contractors performing under this Agreement. The
Contractors shall pay Augusta $4.00 per Diesel Gallon Equivalent (DGE) for vehicles operated
under this Agreement. Augusta will provide monthly fuel usage to the Contractor and the cost of
fuel will be credited to Augusta on the Contractor's monthly invoice. For non - contract vehicles
operating on CNG (those not operating under this Agreement), Augusta may negotiate a CNG
fuel price separate from this Agreement.
12.3.1 Augusta shall be entitled to the same CPI adjustment as afforded the Contractor in 12.2.
All of the same general conditions of adjustments shall apply with the exception that
Augusta does not have to provide notice as required under 12.2.1 (b).
12.3.2 In any event, the adjustment will be limited to a maximum increase or decrease of four
percent (4 %) annually.
12.3.3 Should the Contractor not receive an Adjustment, Augusta reserves the right to adjust the
price of fuel.
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 Richmond Augusta'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
Augusta shall have the right to take corrective measures for any defective pricing. These
corrective measures may include, but are not limited to making necessary revisions to this
Contract or providing an addendum to this Contract to address the issue of defective pricing.
12.5 Contingent fees
There shall be no contingent fees allowed under this contract.
12.6 Georgia Prompt Pay Act
The terms of this contract supersede any and all provisions of the Georgia Prompt Pay
Act.
SECTION 13 - INSURANCE AND PERFORMANCE SURETY
13.1 Coverages
The Contractor shall at all times during the Agreement maintain in full force and effect General
Liability and Workmen's Compensation Insurance. All insurance shall be by insurers reasonably
acceptable to Augusta and be in full force and effect before commencement of work.
13.2 Insurance Limits
For the purpose of the Agreement, the Contractor shall carry the following types of insurance in
at least the limits specified below:
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As an alternative to the above, the Contractor may insure the above public liability and property
coverages under a plan of self - insurance. The Contractor's parent corporation may provide the
required coverages to certify that their program is funded to actuarial projected losses.
13.3 Certificate of Insurance
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a. The Contractor agrees to furnish Augusta certificates of insurance or other evidence
satisfactory to Augusta to the effect that such insurance has been procured and is in
force. The certificates shall contain the following express obligations:
"This is to certify that the policies of insurance described herein
have been issued to the named insured for which this certificate
is executed and are in force at this time. In the event of
cancellation of a policy affecting the certificate holder, thirty
(30) days prior written notice will be given to the certificate
holder."
b. It is agreed that the Contractor will be responsible for notifying Augusta of any
material change in a policy.
c. The certificates shall also include Augusta as an additional insured.
13.4 Special Requirements
The following special conditions shall apply to the insurance coverage:
13.4.1 Augusta is to be included as an additional insured on both the commercial general
liability and business auto liability policies. The Contractor providing the automobile
liability coverage must include all vehicles owned, leased, hired, non - owned, and the
employee non -owned vehicles Personal Injury Protection (when applicable).
13.4.2 Commercial General Liability
The Commercial General Liability required coverage is ISO CG0001 or a substitute form
providing equivalent coverage. Coverage must include:
a. Premises and Operations
b. Personal Injury/Advertising Liability
c. Products/ Completed Operations
d. Liability assumed under an Insured Contract (including tort liability of
another assumed in a business contract)
e. Independent Contractors
13.4.3 Pollution Liability
Contractors shall provide pollution liability coverage to cover bodily injury; property
damage, (including natural resource damage), cleanup costs, removal, storage, disposal,
and or use of the pollutant; and defense, including costs and expenses incurred in the
investigation, defense, or settlement of claims. Coverage shall apply to the sudden and
gradual pollution conditions resulting from the escape of smoke vapors, fumes, acids,
alkalis, toxic chemicals, liquids, or gases, natural gases, waste materials, or other irritants,
contaminants or pollutants (including asbestos). The Contractor needs to warrant any
retroactive date applicable to coverage under the policy precedes the effective date of the
contract
13.4.4 Current, valid insurance policies meeting the requirements herein identified shall
be maintained during the Contract Term. Renewal certificates shall be sent to Augusta 30
days prior to an expiration date. There shall also be a 30 -day notification to Augusta in
the event of cancellation, modification of coverage, or reduction of aggregate limits
below those required in Section 13. Certificates of insurance meeting the required
insurance provisions shall be forwarded to Augusta. Wording on the certificate that
13.4.5 It is agreed that the Contractor will be responsible for notifying Augusta of any
material changes in a policy.
13.4.6 It shall be the Contractor's responsibility to ensure that all subcontractors comply
with the same insurance requirements that the Contractor is required to meet.
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states that no liability shall be imposed upon the company for failure to provide
such notice is not acceptable.
13.4.7 All Certificates of Insurances shall be furnished on an ACORD form or equivalent as
required by this contract. The certificates for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf.
13.5 Surety
The Contractor shall at all times during the Agreement maintain in full force and effect a
performance bond and a payment bond equal to 100% of the contract value. Failing to keep
bonds in full force and effect is a material breach of this contract.
13.6 Performance Bond/Payment Bond
A performance bond and payment bond will be provided to Augusta prior of the execution of this
Contract, the Contractor shall provide Augusta with a surety bond from a company rated A or
better by A.M Best's Rating Service in an amount equal to 100% of the Contract's value. With
each submittal of a bond, the Contractor shall furnish a current copy of the A.M Best's rating for
the surety company providing the bonds.
For the first year, the amount of the Performance Bond and Payment Bond shall be $800,000.
For each subsequent year, use the amount of the prior year's actual payments received from
January 1s through December 31 to establish the surety amount, in a form acceptable to
Augusta, to ensure the performance of the Contractor. Updated bonds shall be received by
Augusta no later than January 31, for each subsequent year of the contract. The form and amount
of this surety bond shall be reviewed annually and updated as may be required by Augusta upon
30 days written notice to the Contractor.
SECTION 14 - REPRESENTATIONS AND WARRANTIES
14.1 Representations and Warranties
The Contractor represents and warranties satisfactory performance in accordance with this
Contract as well as:
14.1.1 Organization and Qualification
The Contractor is duly incorporated or otherwise legally organized and, validly existing
and in good standing under the laws of the State of Georgia, and has all requisite power
and authority to enter into and perform its obligations under this Contract.
14.1.2 Authority
a. The Contractor has the authority to execute this Contract, to make the
representations and warranties set forth in it and is appropriately skilled,
organized and financially able to perform the obligations of Contractor under
this Contract in accordance with its terms.
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b. This Contract has been validly executed by the authorized representatives
of the Contractor and constitutes a legally binding, enforceable obligation of
Contractor.
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14.1.3 Government Authorizations and Consents
The Contractor has or will obtain prior to the Effective Date such licenses, permits, and
other authorizations from federal, state, and other governmental authorities, as are
necessary for the performance of its obligations under this Contract.
14.1.4 Compliance with Laws
The Contractor is not in violation of any applicable law, ordinance or regulation, the
consequence of which will or may materially affect Contractor's ability to perform its
obligations under this Contract. The Contractor is not subject to any order or judgment of
any court, tribunal, or governmental agency which could materially and adversely affects
its operations or assets in the State of Georgia, or its ability to perform its obligations
under this Contract.
14.1.5 Accuracy of Information
None of the representations or warranties in this Contract and none of the documents,
statements, certificates or schedules furnished or to be furnished by Contractor pursuant
hereto or in connection with the performance of the obligations contemplated under this
Contract, contains or will contain any untrue statement of a material fact or omits or will
omit to state a material fact necessary to make the statements of fact contained therein not
misleading.
14.1.6 Independent Examination. In accepting these responsibilities, the Contractor represents
and affirms that it has made its own examination of all conditions, facilities, and
properties affecting the performance of this Contract and of the quantity and expense of
labor, equipment, materials needed, and of applicable taxes permits and laws. The
Contractor affirms that within the Service Area, it is aware of the present locations of
curb, gutters, medians, conditions, and other structures appropriate to completing the
requested work.
SECTION 15 - INDEMNITY
15.1 Indemnity
The Contractor(s) shall defend, indemnify and save harmless Augusta and Augusta's officers,
employees and agents from any and every claim and risk, and from all losses, damages, demands,
suits, judgments and attorney fees, and other expenses of any kind (collectively "losses ") arising
out of this Contract or the performance thereof; including but not limited to any personal injury,
or death of any and all persons (including but not limited to the Contractor, its agents, employees,
subcontractors and their successors and assignees, as well as Augusta or Augusta's agents and all
third parties); and including any property damage of any kind, whether tangible or intangible,
including loss of use resulting there from, in connection with or related to the negligent or willful
act(s) or omissions of the Contractor of its subcontractor which were caused in whole or in part
by the Contractor or its subcontractor while performing work under this Contract, or in
connection with or related to (in whole or in part by reason of) the presence of the Contractor or
its subcontractors or their property, employees or agents, upon or in proximity to the property of
Augusta or any other property (upon which the Contractor is performing any work called for),
except only those losses resulting solely from the negligence of Augusta.
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SECTION 16 - DEFAULT AND TERMINATION
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16.1 Default and Termination
This section is independent, notwithstanding any other provisions of this Contract. The
Contractor may be held in default of the Contract in the event the Contractor:
a. Fails to perform ninety percent (90 %) of the collections required by this Contract and
appears, to Augusta, to have abandoned the work, or to be unable to resume collections
within forty -eight (48) hours.
b. Has failed on any occasion of two (2) consecutive working days, in any year, or ten (10)
days in a calendar year to perform the services required by the Contract.
c. Mixes Contract sweepings with materials collected from outside this Contract.
d. Fails to furnish and maintain a Performance and/or Payment Bond per Section 13.
e. Fails to furnish and maintain the Insurance requirements per Section 13.
f. Fails to be granted and/or receive prior written approval of a change of control or other
provision as defined in Section 19.
g. Repeatedly neglects, fails, or refuses to comply with any of the terms of the Contract,
after having received notice of its obligation to do so.
To initiate proceedings under this Section, Augusta shall give notice to the Contractor and its
surety. Within 7 days, Contractor may demand a public hearing at which the Contractor may
show cause as to why it should not be declared in default or why it should be given the
opportunity to cure said default. In the event the Contractor fails to show cause, to the reasonable
satisfaction of Augusta, why the Contractor should not be declared to be in default of this
Contract, Augusta may make a declaration of default. In evaluating whether to make such a
declaration of default, Augusta may, in its sole discretion, consider the severity of the alleged
violations, and the overall performance of the Contractor under the Contract.
In declaring the Contractor to have defaulted on the Contract, Augusta also may order the
Contractor to discontinue further performance of work under the Contract and transfer the
obligation to perform such work from the Contractor to the surety on the Contractor's
performance bond and take any other action it deems advisable.
Under receipt of a notice that the work has been transferred to the surety without termination of
the Contract, the surety shall take possession of all materials and equipment described in the most
recent inventory submitted to Augusta, for the purpose of completing the work under the
Contract, employ, by the Contract or otherwise, any person and/or all persons needed to perform
the work; and provide materials and equipment required therefore. Such employment shall not
relieve the surety of its obligations under the Contract of bond. If there is a transfer to the surety,
payments shall be made to the surety or its agent for all work performed under the Contract
subsequent to such transfer, in amounts equal to those that would have been made to the
Contractor had it performed in the manner and to the extent of the surety's performance, and the
Contractor shall have no claim upon the same.
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In the event the surety on the Contractor's performance bond fails to assume or continue
performance within two (2) days after its receipt of notice that the work has been transferred to
such surety, the Contractor shall be deemed to have leased, subleased, or otherwise license
Augusta to use all, or whatever portion is desired by Augusta, of the materials and equipment
described on the most recent inventory submitted to Augusta pursuant to Section 7 hereof, for
collection (and processing) purposes for a period of up to one (1) year following the date of the
declaration of default by Augusta without requiring Augusta to execute any other document
whatsoever to accomplish such lease, sublease, or license and without requiring Augusta to post
any bond, pledge, deposit or other security for such equipment and materials, but upon the
condition that Augusta pay for the equipment and materials actually used for such collection, a
market rental that is no greater than (i) the monthly lease, in the event such property is leased by
the Contractor, (ii) the periodic installment, in the event such property is being acquired under a
purchase Contract, (iii) the periodic financing interest and principal, in the event such property is
being acquired under a purchase Contract, or (iv) the financing arrangement; provided, that under
no circumstances shall Augusta be liable during its use of such property for any arrearages,
balloon payment, accrued interest, accelerated charges in the event of a default, or other
extraordinary payment; nor shall the satisfaction thereof be a condition of Augusta's interim use
of such property; provided, further, that such lease, sub - lease, or license shall be suspended the
date the surety on the Contractor's bond or its agent accepts the transfer of work under the
Contract.
In the event Augusta secures the performance of work under the Contract at a lesser cost than
would have been payable to the Contractor had the Contractor performed the same, then Augusta
shall retain such difference, but in the event such cost to Augusta is greater, the Contractor and its
surety shall be liable for and pay the amount of such excess to Augusta.
All payments due the Contractor at the time of default, less amounts due Augusta from the
Contractor, shall be applied by Augusta against damages suffered and expense incurred by
Augusta to reason of such default, any excess shall be paid to the Contractor unless otherwise
provided herein.
Notwithstanding the provisions of this Section, a delay or interruption in the performance of all or
any part of the Contract resulting from causes beyond the Contractor's control, as defined in
section 19, shall not be deemed to be a default and the rights and remedies of Augusta provided
for herein shall be inapplicable; provided that all labor disputes as defined in section 19 hereof
shall not be considered a cause beyond the Contractor's control as defined in section 19.
Augusta shall have the unilateral right to order in writing a temporary stopping of the work, or
delaying performance that does not alter the scope, of the contract.
Augusta shall have the unilateral right to terminate this Contract in whole or in part for the
convenience of Augusta, Georgia.
SECTION 17 - AFFIRMATIVE ACTION AND NON - DISCRIMINATION SERVICE
The Contractor shall not discriminate against any employee or applicant for employment because
of race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry,
national origin, or the presence of any sensory, mental, or physical handicap, unless based upon a
bonafide occupational qualification. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to
their of race, religion, creed, color, sex, marital status, sexual orientation, political ideology,
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g.
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SECTION 18 — DRUG AND ALCOHOL FREE WORKPLACE
1 25
ancestry, national origin, or the presence of any sensory, mental, or physical handicap. Such
action shall include, but not be limited to the following: employment, upgrading, promotion,
demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship. The Contractor
agrees to post in conspicuous places, available to employees and applicants for employment,
notices are provided, setting forth the provisions of this non - discrimination clause.
The Contractor will not discriminate against any Customer or Augusta resident in the provision of
service or quality of service on account of race, religion, creed, color, sex, marital status, sexual
orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental, or
physical handicap, unless based upon a bona fide qualification to or for service. The Contractor
shall provide the same good quality service throughout Augusta without regard to racial, ethnic,
or cultural characteristics or relative standard of living of the neighborhood.
18.1 Drug and Alcohol Free Workplace
Augusta is a drug -free workplace employer. The Contractor hereby certifies that it has or it will
within thirty (30) days prior to the Start Date of the Contract:
a. Notify employees that the unlawful manufacture, distribution, dispensation, possession,
or use of alcohol or a controlled substance is prohibited in the workplace and specifying
actions that will be taken for violations of such prohibition;
b. Establish an alcohol and drug -free awareness program to inform employees about (i) the
dangers of alcohol and drug abuse in the workplace, (ii) the Contractor's policy of
maintaining an alcohol and drug -free workplace, (iii) any available alcohol and drug
counseling, rehabilitation, and employee assistance programs, and (iv) the penalties that
may be imposed upon employees for alcohol and drug abuse violations;
c. Notify each employee that as a condition of employment, the employee will (i) abide by
the terms of the prohibition outlined above, and (ii) notify the Contractor of any alcohol
or drug statute conviction for a violation occurring in the workplace, or that could affect
the employees ability to perform their job, not later that five (5) days after such
conviction;
d. Impose a sanction on, or requiring the satisfactory participation in an alcohol or drug
counseling, rehabilitation or abuse program by, an employee convicted of an alcohol or
drug crime;
e. Make a good faith effort to continue to maintain an alcohol and drug -free workplace for
employees; and require any party to which it subcontracts any portion of the work under
the Contract to comply with the above provisions.
f. A false certification or the failure to comply with the above alcohol and drug -free
workplace requirements during the performance of the Contract shall be grounds for
suspension, termination or debarment.
The foregoing provisions will be inserted in all subcontracts for work covered by this
Contract.
Street Sweeping Services
Augusta, GA
SECTION 19 - GENERAL PROVISIONS
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19.1 Taxes
The Contractor shall promptly pay all taxes and license fees required by Augusta and by the State
of Georgia.
19.2 Permits
The Contractor shall obtain all licenses and permits (other than the license and permit granted by
the Agreement) required by Augusta, by the State of Georgia, or by the federal government.
19.3 Non - Assignment; Subcontracting; Delegation of Duties
Except for the subcontracting identified in the Contractor's proposal, the Contractor shall not
assign or subcontract or transfer any of the work or delegate any of its duties under the Contract
without the prior written approval of Augusta, which approval may be withheld in Augusta's sole
discretion. Notwithstanding the foregoing, Augusta's approval shall not unreasonably be
withheld if the Contractor proposes to assign or transfer this Contract to an affiliate of the
Contractor or to Contractor's parent corporation, provided that Contractor can establish to the
reasonable satisfaction of Augusta that (i) the assignee or transferee will operate the Contract in
substantially the same manner as the Contractor, will use substantially the same management and
personnel as Contractor, and possesses substantially the same financial capabilities as Contractor
and (ii) the assignee or transferee is not affiliated in any way with the company that has a
Contract for collection with Augusta for any portion of Augusta outside the Contractors current
Designated Collection Area.
In the event of an assignment, subcontract, or delegation of duties, the Contractor shall remain
responsible for the full and faithful performance of the Contract and the assignee, subcontractor,
or other obligor shall also become responsible to Augusta for the satisfactory performance of the
work assumed. Augusta may condition its approval upon the delivery by the assignee,
subcontractor or other obligor of its covenant to Augusta to fully and faithfully complete the work
or responsibility undertaken.
During the term of this Contract, the Contractor shall not have an ownership interest in any other
company that has a Contract for street sweeping with Augusta.
Should a Contractor sub - contract work under this contract, a sub - contract contract /agreement
shall be generated in writing. This agreement shall at a minimum include the area to be serviced,
the price that the sub - contractor shall be paid, and the required sections under this contract that
flow through to a sub - contractor. A copy of said agreement(s) shall be provided to Augusta
within fourteen (14) days of execution.
19.4 Change in Control
In the event of a change in "Control" of the Contractor (as defined below), Augusta shall
terminate the Contract for default unless Augusta has granted prior written approval. Such
approval shall be at the sole discretion of Augusta. Any approval by Augusta for transfer of
ownership or control shall be contingent upon the perspective controlling party becoming a
signatory to the Contract and otherwise complying with the terms of the Contract. The
Contractor shall notify Augusta within ten (10) days after it becomes aware that a change in
Control will occur. As used in the Contract, the term "Control" shall mean the possession, direct
or indirect of either;
a. The ownership of or ability to direct the voting of, as the case may be fifty one (51 %) or
more of the equity interest, value or voting power of the Contractor; or
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b. The power to direct or cause the direction of the management and policies of the
Contractor whether through the ownership of voting securities, by Contract or otherwise.
19.5 Laws and Regulations
The Contractor shall conduct operations under this Agreement in compliance with all applicable
laws, rules or standards. These shall include OSHA, EPA, EPD, Federal Highway Safety, as well
as state and local rules, regulations, and practices.
19.6 Governing Law; Forum; Venue
The terms, conditions and provisions in the Request for Proposal may supplement the Contract
between Augusta and the Contractor. The order of precedence will be the Contract, the RFP, the
winning proposer's response and general law. This Agreement shall be governed under the laws
of the State of Georgia. The appropriate forum for judicial interpretation of this Agreement and
the sole venue for legal actions concerning this Contract shall be the Courts of Augusta, Georgia.
19.7 No Other Parties to Benefit
This Agreement is for the benefit of the parties hereto and does not enlarge any party's liability to
any third party. The provisions of this Agreement shall not be construed to create a higher
standard of safety or care in any evidentiary sense with respect to third party claims
19.8 Appropriation of Funds
This Agreement, and Augusta's payment obligation for succeeding fiscal periods shall be subject
to the budget process, availability and appropriation of funds. In the event that Augusta does not
appropriate funds, said agreement shall terminate as required by statute.
19.9 Headings
The headings of the paragraphs and subparagraphs shall not be interpreted as a limitation upon
the language contained therein.
19.10 Severability
Should any term, provision, condition, or other portion of this Contract or its application be held
to be inoperative, invalid, or unenforceable, and the remainder of the Contract still fulfills its
purposes, the remainder of this Contract or its application in other circumstances shall not be
affected thereby and shall continue in force and effect.
19.11 Indulgences Not Waivers
A waiver of any breach of any provision of the Agreement shall not constitute or operate as a
waiver of any breach of such provision or any other provision, nor shall any failure to enforce any
provision hereof operate as a waiver of such provision.
19.12 Modifications and Waiver
The parties must mutually agree upon any changes in the Agreement and must be incorporated by
written amendments to the Agreement. Augusta Administrator or their designee shall have the
authority to amend the Agreement on behalf of Augusta.
This Agreement constitutes the entire agreement of the parties regarding the subject matter hereof
and may be amended or modified only by a written agreement signed by both parties.
Street Sweeping Services
Augusta, GA
19.13 Independent Contractor
The Contractor and Augusta agree that the Contractor is an independent contractor and not an
employee nor agent of Augusta. The Contractor shall have exclusive control of and the exclusive
right to control the details of the services and work performed, and such action does not create a
partnership, agency, joint venture or other similar relationship between Augusta and the
Contractor.
The Contractor agrees that it will not represent to anyone that its relationship with Augusta is
other than that of an independent contractor, and Augusta and the Contractor may so inform any
parties with whom they deal and may take any other responsible steps to carry out the intent of
this section. The Contractor shall be fully and solely responsible for its own acts and omissions
and those of its employees, officers, agents, and subcontractors.
19.14 Notices
Any notice required herein shall be given by certified mail to:
For Augusta:
For the Contractor:
Street Sweeping Services
Augusta, GA
Fred Russell
Administrator
530 Greene Street, Room 802
Augusta, Georgia 30901
Mark Johnson
Director of Environmental Services
4330 Deans Bridge Road
Blythe, GA 30805
Telephone: 706 -592 -3201
Lori Videtto
Deputy Director of Environmental Services
4330 Deans Bridge Road
Blythe, GA 30805
Telephone: 706 -592 -3206
Name
Title
Address
Augusta, State Zip
Telephone:
Fax:
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19.15 Non - Exclusive Agreement
The Contractor is granted a non - exclusive Agreement to provide street sweeping services, as
described herein, within the Designated Service Area. Augusta intends to Contract ONLY with
the Contractor for routine street sweeping services as described herein. In the event of an
emergency declared by the appropriate governmental authorities, an event of Force Majeure or
breach of this Agreement by the Contractor, Augusta may provide alternative street sweeping
services.
19.16 Dispute Settlement
Any claim, dispute, or other matter concerning the performance of the Contractor shall initially be
referred to the Environmental Services Director in writing, for a decision. Such decision shall be
rendered within thirty (30) days in writing, following the final presentation by the Contractor of
evidence or argument relative to such claim, dispute, or matter. The decision of the Director may
be appealed to Augusta Administrator or his designee, in writing, within fifteen (15) days from
the date of the Director's decision. Augusta Administrator must render a written decision to the
Contractor within thirty (30) days from the date of the appeal. The decision of the Administrator
shall be subject to formal mediation between the parties. The cost of mediation shall be shared
equally by the parties. If mediation is not successful, either party may bring an action in a court
of appropriate venue. In the event of any litigation between the parties, each party shall pay their
own attorney fees and despite who is the prevailing party, neither party shall be entitled to
reimbursement of attorney's fees in any litigation between the parties.
19.17 Augusta Not Liable for Delays
It is further expressly agreed that in no event shall Augusta be liable for or responsible to the
Contractor for or because of any stoppages or delay in the work herein provided for by injunction
or other legal or equitable proceedings or due to any delay for any cause over which Augusta has
insufficient control to cause a different result.
19.18 Contractor Will Not Sell or Disclose Data
The Contractor will treat as confidential information, all data in connection with the Contract.
Augusta data processed by the Contractor shall remain the exclusive property of Augusta. The
Contractor will not reproduce, copy, duplicate, disclose or in any way treat the data supplied by
Augusta in any manner except as contemplated by this Contract.
19.19 No Publicity
No advertising, sales promotion or other materials of the Contractor or its agents or
representatives may be distributed to customers without prior written approval of Augusta. The
Contractor, its agents or representatives shall not reference this Contract or Augusta in any
manner without the prior written consent of Augusta.
19.20 Contract Rights
19.20.1 The parties reserve the right to amend this Contract from time to time by mutual
agreement in writing.
19.20.2 Rights under this Contract are cumulative, and in addition to rights existing at common
law.
19.20.3 Payment by Augusta and performance by the Contractor do not waive their Contractual
rights.
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Augusta, GA
129
19.20.4 Failure by either party on any occasion to exercise a Contractual right shall not forfeit or
waive the right to exercise the right of another occasion. The use of one remedy does
not exclude or waive the right to use another.
19.21 Open Records Act
Contractor acknowledges that Augusta records including this Contract are subject to Georgia's
Open Records Act.
19.22 Interpretation
Page 130
19.22.1 This Contract shall be interpreted as a whole and to carry out its purpose. This Contract
is an integrated document and contains all the promises of the parties; no earlier oral
understandings modify its provisions.
19.22.2 Captions are for convenient reference only. A caption does not limit the scope or add
commentary to the text.
19.23 Law; Venue
The laws of the State of Georgia shall govern the validity, construction and effect of this
Contract. The venue for any claims, litigation or causes of action between the parties shall be in
the Superior Court of Richmond Augusta, Georgia.
19.24 Discretionary Waiver of Right to a Jury Trial
The Contractor and Augusta may waive all rights to have a trial by jury in any action, proceeding,
claim, or counterclaim brought by either of them against the other on any matter whatsoever
arising out of or in any way related to or connected with the Contract.
19.25 Specific Performance and Injunctive Relief
The Contractor agrees that the services are critical to Augusta's operation and that monetary
damages are not an adequate remedy for the Contractors failure to provide services as required by
the Contract, nor could damages be the equivalent of the performance of such obligation.
Accordingly, the Contractor hereby consents to an order granting specific performance of such
obligations of the Contractor in a court of competent jurisdiction within the State of Georgia. The
Contractor further agrees that a failure by it to perform the services in the manner required by the
Contract will entitle Augusta to injunctive relief.
19.26 Severability
Should any term, provision, condition, or other portion of this Contract or its application be held
to be inoperative, invalid, or unenforceable, and the remainder of the Contract still fulfills its
purposes, the remainder of this Contract or its application in other circumstances shall not be
affected thereby and shall continue in force and effect.
19.27 Interest of the Parties
The Contractor covenants that its officers, employees and shareholders have no interest and shall
not acquire any interest, direct or indirect, which would conflict in any manner of degree with the
performance of services required under the Contract.
19.28 No Construction of Agreement against any Party
Each party has cooperated in the drafting and preparation of this Agreement. Hence, in any
construction to be made of this Agreement, it shall not be construed against any party on the basis
such party drafted this Agreement or any provision thereof.
19.29 Force Majeure
Street Sweeping Services
Augusta, GA
19.29.2 Upon the occurrence of an event which satisfies all of the conditions set forth above,
the Contractor shall be excused from any further performance of those obligations
pursuant to this Contract affected by the Force Majeure for as long as;
Street Sweeping Services
Augusta, GA
a. Such Force Majeure event continues and,
19.29.5 Augusta may grant variances in routes, schedules and materials collected as are
reasonably required and in the best interest of Augusta.
19.29.6 Augusta may negotiate with the Contractor fees for any additional work which the
Contractor may agree to perform in the event of a disaster.
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19.29.1 The Contractor shall not be liable for any failure or delay in the performance of its
obligations pursuant to this Contract (and such failure or delay shall not be deemed a
default of this Contract or grounds for termination hereunder if all of the following
conditions are satisfied:
a. If such failure or delay
i. could not have been prevented by reasonable precaution, and
ii. cannot reasonably be circumvented by the non - performing party through the use
of alternate sources, work around plans, or other means, and
b. If and to the extent such failure or delay is caused, directly or indirectly by fire,
flood, hurricanes, earthquakes, storms, lightning, epidemic, war, riot, civil
disturbance, sabotage, and governmental actions.
b. The Contractor continues to use commercially reasonable efforts to recommence
performance whenever and to whatever extent possible without delay.
19.29.3 Upon the occurrence of a Force Majeure event, the Contractor shall immediately notify
Augusta by telephone and confirmed in writing within two (2) days of the occurrence
of a Force Majeure and shall describe in reasonable detail the nature of the Force
Majeure. If any Force Majeure prevents the Contractor from performing its obligations
for more than five (5) days, Augusta may terminate this Contract.
19.29.4 Strikes, slow- downs, walkouts, lockouts and individual disputes are not excused under
this provision.
19.30 E- Verify
All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical
performance of services shall be required to execute an Affidavit verifying its compliance with
O.C.G.A. § 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is
contracting with Augusta, Georgia has registered with and is participating in a federal work
authorization program. All contractors and subcontractors must provide their E- Verify number
and must be in compliance with the electronic verification of work authorized programs operated
by the United States Department of Homeland Security or any equivalent federal work
authorization program operated by the United States Department of Homeland Security to verify
information of newly hired employees, pursuant to the Immigration Reform and Control Act of
1986 (IRCA), P.L. 99 -603, in accordance with the applicability provisions and deadlines
established in O.C.G.A. § 13 -10 -91 and shall continue to use the federal authorization program
throughout the contract term. All contractors shall further agree that, should it employ or contract
Street Sweeping Services
Augusta, GA
32
with any subcontractor(s) in connection with the physical performance of services pursuant to its
contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each
subcontractor's E- Verify number as evidence of verification of compliance with O.C.G.A. § 13-
10-91 on the subcontractor affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar
form. All contractors shall further agree to maintain records of such compliance and provide a
copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to
perform such physical services
"Contractor acknowledges that this contract and any changes to it by amendment, modification,
change order or other similar document may have required or may require the legislative
authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law,
Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume
contractual obligations and the consequences of Contractor's provision of goods or services to
Augusta, Georgia under an unauthorized contract, amendment, modification, change order or
other similar document, including the possibility that the Contractor may be precluded from
recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees
that if it provides goods or services to Augusta, Georgia under a contract that has not received
proper legislative authorization or if the Contractor provides goods or services to Augusta,
Georgia in excess of the any contractually authorized goods or services, as required by Augusta,
Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized
goods or services provided by Contractor. Contractor assumes all risk of non - payment for the
provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to
payment or to other remedies for the provision of any unauthorized goods or services to
Augusta, Georgia, however characterized, including, without limitation, all remedies at law or
equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts
for goods and services, except revenue producing contracts
BY:
IN WITNESS HEREOF, the hereto have caused this Agreement to be executed by
duly authorized officers on this the t (ay of ro R , 20 1 L
Augusta, Georgia
m i n As its Mayor
je ll Attest:
7 ire -t ..
. Clerk otommission
The foregoing contract is hereby executed by the below - listed parties:
Contractor:III\ p E A Y X i'.11" v c tJ C QJ!- p
By:
As its: Pres1(lent
Sworn to and subscribed before me on this W (mi., day of fOV 1 r , 2012 .
Notary Public
My Commission Expires: i k
Street Sweeping Services
Augusta, GA
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