Advanced Disposal Contract Renewal May 2014AMENDED AND RESTATED
CONTRACT AND FRANCHISE AGREEMENT FOR
SOLID WASTE, YARD WASTE AND RECYCLING
COLLECTION AND DISPOSAL SERVICES
DATED
JUNE 1, 2014
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TABLE OF CONTENTS
SECTION 1 - DEFINITIONS 4
SECTION 2 - SCOPE OF WORK 8
A.RESIDENTIAL UNITS 8
B.COMMERCIAL UNITS 12
C.RECYCLING 14
D.PARKS, PICNIC AREAS, PROPERTY OWNED, LEASED, RENTED AND
CONTROLLED BY THE CITY OF ATLANTIC BEACH (EXHIBIT "B ")19
E.MISCELLANEOUS 19
F.CHANGE IN COST OF DOING BUSINESS 19
G.UNUSUAL CHANGES OR COSTS 20
H.FUEL ADJUSTMENT COMPONENT 20
I.FAVORED NATIONS CLAUSE 21
SECTION 3 - STORAGE AND OFFICE FACILITIES 21
SECTION 4 - SCHEDULES AND ROUTES 22
A.IN GENERAL 22
B.STORM 22
C.FORCE MAJEURE 23
D.EXCLUSIVE RIGHTS 23
E.MISCELLANEOUS 24
F.HOLIDAYS 24
SECTION 5 - DURATION OF CONTRACT - COMMENCEMENT OF WORK 24
SECTION 6 - CONTRACTOR'S RELATION TO THE CITY 25
A.CONTRACTOR AS INDEPENDENT CONTRACTOR 25
B.SUBLETTING CONTRACT 25
C.SUPERVISION OF CONTRACT PERFORMANCE 25
D.PUBLIC WORKS DIRECTOR TO BE REFEREE 26
E.INSPECTION OF WORK 26
F.DISAGREEMENTS - REFUSE TO BE COLLECTED - HOW 26
G.TAXES 27
H.CITY NOT LIABLE FOR DELAYS 27
I.EXTENSION OF CONTRACT 27
J.SCHEDULE OF PAYMENTS 27
K.CANCELLATION OR ANNULMENT OF CONTRACT 30
L.OPERATION DURING DISPUTE 31
SECTION 7 - QUALITY OF SERVICE 31
A.CHARACTER OF WORKMEN AND EQUIPMENT 31
B.COOPERATION OF CONTRACTOR REQUIRED 32
C.HANDLING COMPLAINTS 32
D.CUSTOMER INFORMATION 33
E.GUARANTEES OF PERFORMANCE 33
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SECTION 8 - EQUIPMENT
A. TYPE
B. AMOUNT
C. CONDITION
D. OPERATION
SECTION 9 - EMPLOYMENT AND WORKING CONDITIONS
SECTION 10 - DISPOSAL OF REFUSE
SECTION 11 - COMPLIANCE WITH LAWS AND REGULATIONS
SECTION 12 - INSURANCE
A. COMPENSATION INSURANCE
B. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE
C. PROOF OF INSURANCE
SECTION 13 - CITY HELD HARMLESS
SECTION 14 - ADMINISTRATIVE CHARGES / LIQUIDATED DAMAGES
SECTION 15 - CITY ORDINANCES
SECTION 16 - AMENDMENTS
SECTION 17 Cart and Residential Recycling Carts OWNERSHIP
SECTION 18 NOTICES
SECTION 19 ASSIGNMENT AND CHANGE OF CONTROL
SECTION 20 SEVARABILITY
SECTION 21 GOVERNING LAW
SECTION 22 ATTORNEY FEES
EXHIBIT A
COMMERCIAL ACCOUNTS
EXHIBIT B
CITY PROPERTIES
EXHIBIT C
LIST OF CITY EVENTS
Exhibit D
Applicable Proposal Pricing Sheet-&
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N,
THIS Amended and Restated Contract and Franchise Agreement for
Solid Waste, Yard Waste And Recycling Collection and Disposal
Services (referred to as the "agreement" or the "contract ") "),is
made and entered into this 1st day of June 2014, by and between
the City of Atlantic Beach, Duval County, Florida, hereinafter
referred to as "the City" and _Advanced Disposal Services
Jacksonville, LLC hereinafter referred to as "the Contractor."
WHEREAS, the parties are currently operating under the terms of
that certain Contract and Franchise Agreement for Solid Waste,
Yard Waste and Recycling Collection and Disposal Services dated on
or about , 2007, as subsequently assigned to Contractor
and later amended by the parties thereto (the "Original
Agreement "); and
WHEREAS, the parties wish to amend the terms and conditions of the
Original Agreement and it is the desire of the parties to enter
into this Agreement, as amended and restated, upon the terms and
conditions hereinafter set forth.
NOW THEREFORE, in consideration of the mutual covenants,
agreements, and considerations contained herein, the City and the
Contractor hereby agree as hereinafter set forth:
SECTION 1 - DEFINITIONS
For the purpose of this article the following terms, phrases,
words and their derivation shall have the meaning given therein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include
singular number, and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely
directory. These definitions are supplemental to those listed in
Chapter 16 - SOLID WASTE AND RECYCLING ( see Exhibit A) of the
City Code.
A. CITY shall mean the City of Atlantic Beach, Florida, a
municipal corporation, acting through the City Commission or
City Manager, or official designated by the City Manager as
the case may be.
B. CITY MANAGER shall mean the City Manager or his designee, and
PUBLIC WORKS DIRECTOR shall mean Public Works Director or his
designee.
C. CONTRACTOR shall mean Advanced Disposal Services,
Jacksonville. LLC.
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D. BULKY WASTE shall mean large discarded items generated from
residences and commercial businesses within the City, such
as pallets, furniture, refrigerators, stoves and other
household appliances.
E. COMMERCIAL RECYCLING COLLECTION refers to collection,
transportation, and recovery of recyclable materials by a
Contractor from participating commercial units in the
recycling service area. This contract does not include
commercial recycling, which will be accomplished on an open
market basis per existing City, County and State ordinances.
F. COMMERCIAL CART PICK UP shall mean garbage and trash
collection service to commercial customers utilizing CARTS
96 gallons maximum) two (2) times per week.
G. COMMERCIAL TRASH shall mean any and all accumulations of
paper, rags, excelsior, wooden, paper or cardboard boxes or
containers of sweepings, and any other accumulations not
included under the definition of garbage, generated by the
operation of stores, offices and other business places.
Commercial trash shall include furniture, appliances, car
parts, and all other accumulations not included within the
definition of garbage. Commercial trash shall also include
all trash placed in public receptacles, on public streets, in
parks and playgrounds, and in other public places.
H. COMMERCIAL UNIT shall mean all units (including City -owned
property and buildings) other than those described in V(a),
V (b) .
I. CONSTRUCTION AND DEMOLITION DEBRIS means discarded materials
generally considered to be not water — soluble and nonhazardous
in nature, including, but not limited to, steel, glass,
brick, concrete, asphalt roofing material, pipe, gypsum
wallboard, and lumber, from the construction or destruction
of a structure as part of a construction or demolition
project or from the renovation of a structure, and including
rocks, soils, tree remains, trees, and other vegetative
matter that normally results from land clearing or land
development operations for a construction project, including
such debris from construction of structures at a site remote
from the construction or demolition project site. Mixing of
construction and demolition debris with other types of solid
waste will cause it to be classified as other than
construction and demolition debris. The term also includes:
a) Clean cardboard, paper, plastic, wood, and metal scraps
from a construction project.
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b) Effective January 1, 1997, except as provided in 2s.
403.707(13) (j), unpainted, non - treated wood scraps from
facilities manufacturing materials used for construction
of structures or their components and unpainted, non -
treated wood pallets provided the wood scraps and
pallets are separated from other solid waste where
generated and the generator of such wood scraps or
pallets implements reasonable practices of the
generating industry to minimize the commingling of wood
scraps or pallets with other solid waste, and
c) De minimis amounts of other nonhazardous wastes that are
generated at construction or destruction projects,
provided such amounts are consistent with best
management practices of the industry.
J. CONTAINERS EMPTIED BY MECHANICAL MEANS shall mean front -end
load dumpsters, roll -off containers, etc. It shall not
include toters emptied using automated or semi - automated
truck mounted equipment.
K. DESIGNATED RECOVERY FACILITY shall mean the recycling/
processing center(s) specifically agreed upon by the
Contractor and City for the recovery of recyclable
materials.
L. EXCLUDED WASTE shall mean any and all debris and waste
products generated by land clearing, building construction or
alteration and hauled away by the respective Contractor
except do- it- yourself projects); public works type
construction projects whether performed by a governmental
unit or by a contractor; waste produced by governmental
agencies other than the City of Atlantic Beach; materials
deemed by the Public Works Director to be hazardous waste and
items not allowed at the County landfill or other approved
landfill. Yard waste produced by landscape maintenance
contractors which is hauled away by the contractor is also
considered excluded waste. Any automotive parts which contain
petroleum components, automotive engines, transmissions,
frames or bodies.
M. GARBAGE shall include and mean all accumulations of animal,
fruit or vegetable matter that attends the preparation, use,
cooking and dealing in, or storage of meats, fish, fowl,
fruit, vegetables, and any other matter, of any nature
whatsoever which is subject to decay, putrefaction and the
generation of noxious and offensive gases or odors, or which,
during and after decay, may serve as breeding or feeding
material for flies and /or other germ- carrying insects;
bottles, cans, or other food containers which, due to their
ability to retain water, may serve as a breeding place for
mosquitoes or other water - breeding insects, and does not
include recyclables.
N. HOUSEHOLD TRASH shall mean any and all accumulations of waste
material from the operation of a home, which is not included
within the definition of garbage. Household trash shall
include all bulky wastes, yard toys, and building material
waste from residential type do- it- yourself projects, but does
not include vegetative matter.
P. MULTI- FAMILY DWELLING UNITS shall mean any building
containing more than four permanent living units, utilizing
mechanically emptied containerized collection.
P. NEIGHBORING COMMUNITY shall mean municipalities within Duval
County contiguous to either the City of Atlantic Beach,
Intra- coastal waterway or the Atlantic Ocean.
Q. PERFORMANCE BOND shall mean the form of security approved by
the City and furnished by the Contractor, as a guarantee that
the Contractor will execute the work in accordance with the
terms of the contract and will pay all lawful claims.
R. RECOVERED MATERIALS means metal, paper, cardboard, glass,
plastic, textile, or rubber materials that have known
recycling potential, can be feasibly recycled, and have been
diverted and source separated or have been removed from the
solid waste stream for sale, use, or reuse as raw materials,
whether or not the materials require subsequent processing or
separation from each other, but does not include materials
destined for any use that constitutes disposal. Recovered
materials as described above are not solid waste.
S. RECYCLABLE MATERIALS shall mean fiber (newspaper, magazines,
cardboard, boxboard, brown paper bags, telephone books,
catalogues, office paper, etc.), aluminum and metal beverage
and food cans, all colors of glass bottles /jars, and plastic
bottles coded 1 through 6, at the bottom, which previously
held liquid (no automotive, or toxic chemical bottles), and
such other materials as mutually agreed upon in writing by
the Contractor and the Contract Administrator during the term
of this Agreement.
T. RECYCLING SERVICE AREA shall mean the entire area within the
City limits as may be amended from time to time as a result
of annexations into the City.
U. REFUSE shall include and mean all garbage, dead animals,
vegetative garden and yard trash, bulky wastes, household
trash, commercial trash, and construction and demolition
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debris.
V. RESIDENTIAL CURBSIDE COLLECTION refers to
transportation, and recovery of garbage,
and yard trash, bulk items and recyclable
Contractor from participating residential
entire area within the City limits and as
to time.
collection,
vegetative garden
materials by the
units in the
amended from time
W. RESIDENTIAL RECYCLING CONTAINERS or CARTS shall mean a
rollout receptacle purchased and distributed by the
Contractor on behalf of the City for the intended use as a
receptacle of recyclable materials. Design and colors to be
approved by City.
X. (a) Residential Unit shall mean one single family dwelling or
one living unit or a multi - family dwelling of four (4) units
or less and mobile home parks utilizing toter container
collection.
b) Multi - family Residential shall mean multiple family
dwelling buildings utilizing mechanically emptied containers.
Y. SOURCE SEPARATED means the recovered materials are
separated from solid waste where the recovered materials
and solid waste are generated. The term does not require
that various types of recovered materials be separated from
each other and recognizes de minimis solid waste, in
accordance with industry standards and practices, may be
included in the recovered materials.
Z. SURETY shall mean the party who is bound with and for the
Contractor to insure the payment of all lawful debts
pertaining to and for the acceptable performance of the
contract.
AA. TOTER or CART shall mean wheel- mounted plastic or galvanized
metal cans or carts with attached tight fitting lids designed
for the accumulation and storage of solid waste or recyclables in
preparation of collection services. Sizes of such carts range
from 36,64,96 gallons.
AB. TRASH, unless specifically provided to the contrary, the term
trash shall include and mean commercial trash, household
trash, and garden and yard trash as defined below.
AC. VEGETATIVE GARDEN AND YARD TRASH shall mean any and all
accumulations of grass, palm fronds, leaves, branches,
shrubs, vines, trees, tree stumps, and other similar items
generated by the homeowner's maintenance of lawns, shrubs,
gardens and trees.
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SECTION 2 - SCOPE OF WORK
It is the intent of this contract to provide for the total
collection of all refuse in the City of Atlantic Beach, Florida,
with the exception of exclusions, which are specifically listed
herein.
A. RESIDENTIAL UNITS (Single, Duplex, Multi - Family Dwelling
Units of four (4) units or less utilizing Cart Collection)
1. GARBAGE,HOUSEHOLD TRASH and RESIDENTIAL RECYCLING
WHEN: The contractor will collect garbage and trash
from places of residence once per week, with the
City divided into five zones for daily collection
purposes. All pickups (household trash, yard waste
and recycling) will be made on the same day of the
week, using separate vehicles. Bulk items, such as
household furniture and white goods (appliances),
shall be removed by the Contractor within 48 hours
from being set out, unless the item is set out on
Friday, then the response will occur on the
following collection day. It shall be the
responsibility of the garbage and trash route
driver to note bulk items that are set out and
immediately radio in the item to be picked up to
the Contractor's dispatcher. The collection shall
then be scheduled as stated above. It will be the
responsibility of the Contractor to monitor and
keep accurate records of all bulk items by
quantity, weight and type of appliances (e.g.,
refrigerators, stoves, etc.) and submit a report
monthly to the Public Works Director of quantity
and weight for such bulk items collected.
Residential collection shall normally occur on
Monday through Friday between the hours of 7:00 AM
and 7:00 PM, inclusive. Any extension of
collection hours must be authorized in writing or
electronically in advance by the Public Works
Director. For Holidays listed in Section 4.F,
pickups on the holiday and subsequent days of that
week will slide one day later. If weekend
collection is needed following a holiday or other
circumstances, collection shall not begin
earlier than eight o'clock (8:00) a.m. and shall
cease no later than seven o'clock 7:00) p.m.
Normal routes are not to be scheduled on Saturday
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or Sunday.
Should the County close the landfill in honor of
holidays, the Contractor shall not be required to
collect on that day. The Contractor then would
collect on the following day, excluding Sunday.
Customers under this contract shall receive
reasonable notification, as approved by the Public
Works Director, of the schedules provided by the
Contractor prior to commencement of service.
b) QUANTITY: The Contractor shall be required to pick
up all garbage and household trash placed within or
near the collection Carts generated by a
residential unit. All vegetative garden and yard
trash shall be picked up except for units with
approved exemptions, per City ordinance.
c) WHERE: Complete garbage and refuse collection
service is hereby provided for in this contract.
Collections of garbage shall be made from the
curbside or within 5 feet of edge of pavement of
the residential unit with the exception of
handicapped or elderly where special arrangements
will be made for backdoor or side yard pickup upon
receipt of proper written notice to the service
provider or Public Works Director from a medical
doctor (on a form provided by the contractor).
Household trash and bulk items, such as household
furniture and appliances, shall be placed at the
curbside.
d) HOW: The Contractor shall make collections with a
minimum of noise and disturbance to the residents.
Garbage receptacles shall be handled carefully by
the Contractor and shall be thoroughly emptied and
left in an upright position with the Cart lids
closed in a location where they are found within 5
feet of the edge of the pavement. Refuse may be
transferred from the residents' Carts into tubs,
cans, hampers, or other containers used by the
Contractor in carrying refuse to collection trucks.
This work shall be done in a sanitary manner. The
Contractor's employees shall pick up all garbage or
trash spilled by the collector immediately. Any
item not collected by the contractor will require
the contractor to place a Contractor provided
written notice either on the Cart or a door hanger
notice as to the reason(s) such items were not
collected. The contractor will be required to
deliver to the Public Works Director on the same
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day as given a copy of such notice which will
include the address of such location. The
Contractor will submit a copy of the notices to
the City electronically, using an approved web -
based tracking system (currently Trac -EZ). Any
change from the current system must be approved in
advance by the Public Works Director.
e) Carts and Residential Recycling Carts: The
Contractor shall provide a single Cart (up to 96 gallon)
for collection of household garbage. The Carts are to be
embossed with the City of Atlantic Beach Logo and
supplied by the Contractor at his expense. (See Section
17) The Contractor shall also provide to Residential
Units one (1) sixty -five (65) gallon Residential
Recycling Cart.
e(1) Residents may request and receive an
additional garbage Cart by application through
the City's Finance Department.
f) The Contractor shall collect and dispose of
automobile tires and automotive batteries from
residential customers, at no additional charge, in
accordance with state and federal disposal
requirements; provided, however, that the
Contractor may impose an additional charge, with
prior approval of the Public Works Director and
prior notice to the customer, if the following
annual maximums are exceeded by any residential
customer: eight (8) automobile tires two (2)
automotive batteries.
g) Monitoring of service will be performed by the
Public Works Director.
2. VEGETATIVE GARDEN AND YARD TRASH
a) WHEN: The Contractor shall collect garden and
yard trash from places of residence as specified in
the routes accepted by the City from the
Contractor.
b) QUANTITY: The Contractor shall be required to pick
up all vegetative garden and yard trash generated
by a residential unit, up to a cumulative amount of
five (5) cubic yards weekly. The Contractor shall inform
the owners of residential units that items such as
tree limbs, tree trunks, palm fronds, etc., shall
be cut in lengths of no greater than five (5) feet, and
the item's diameter six (6) inches or less. No single
item can exceed forty (40) pounds.
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This does not include land clearing operation or
preparation for construction or removal of trees or tree
trimming by a landscaping contractor or tree surgeon
which shall be properly disposed of by the landscape
contractor. For items exceeding 40 pounds or diameters
greater than 6 inches, or amounts exceeding five (5)
cubic yards, a special pick up may be required and the
Contractor may levy a reasonable service charge, which
is to be agreed to by the customer and Contractor. The
Public Works Director shall referee in the event of a
dispute regarding the special pick up charge. The
Contractor is to provide a schedule of standard charges
to the City for the special pick up service annually, no
later than the anniversary date of this Contract. If a
resident has more than 5 cubic yards curbside, the
Contractor will collect at least 5 cubic yards and tag
the remainder to notify resident of option to wait for
pickup the following week or to call and request a
special pickup.
c) WHERE: Garden and yard trash shall be collected
from the front of the premises within five (5) feet
of the curb or roadway (curbside). On streets
where no parkways or lawn areas near the street are
available for placement of trash, the owner or
occupant shall place trash adjacent to the
driveway, but not further than five (5) feet from
the street, and not in the street.
d) HOW: The Contractor shall make collections with a
minimum amount of noise and disturbance to the
residents. Reusable containers shall be handled
carefully and shall be thoroughly emptied and left
in an inverted position where they were found.
Boxes and bags of garden and yard trash shall be
collected and any spillage picked up immediately by
the Contractor. Loose piles of garden and yard
trash shall be collected with pitch forks or other
tools as needed, except for grass clippings,
leaves, pine needles, etc. which must be
containerized. Any loose waste dragged into the
street as a result of the Contractor's collection
efforts must be cleaned up before completion of the
day's route. It will be a requirement that a
cherry picker" truck will be available to the City
at all times, to be in the City within four (4)
hours of call. Contractor may deliver all garden
and yard trash collected by Contractor to a
disposal or other processing facility as determined
by the Contractor in its sole discretion, unless
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there will be additional cost to the City.
Regardless, the City will not be responsible for
any additional cost for disposal.
3. MULTI - FAMILY UNITS — CONTAINERS EMPTIED BY MECHANICAL
MEANS
Multiple family dwelling units not using Cart
containers shall be required to use containers emptied
by mechanical means and shall be considered Commercial
Units except for collection of recyclable materials for
which the above would be considered residential.
B. COMMERCIAL UNITS
Commercial customers shall be identified as, but not limited
to, all office buildings, stores, filling stations, lodges,
motels, laundries, hotels, all public buildings, food
services, lodging establishments, service establishments,
light industry, schools, churches, clubs, hospitals, nursing
homes, and apartment buildings using mechanically emptied
containerized collection or commercial Cart collection.
1. WHEN: Refuse shall be collected not less than twice per
week, unless approved in writing for a specific location
by the Public Works Director, and at a greater frequency
if required to protect the public health and safety.
Collection service for customers using containers
emptied by mechanical means and commercial Cart
collection will be available for two days per week, and
the frequency of service will be as mutually agreed upon
by the customer and the Contractor. The Public Works
Director must approve requests for frequency of service
less than two times per week. Bulk items such as
furniture and appliances shall be removed by the
Contractor within 48 hours from being set out unless the
item is set out on Friday, then the response will occur
on the following collection day. It shall be the
responsibility of the garbage and trash route driver to
note bulk items that are set out and immediately radio
in the item to be picked up to the Contractor's
dispatcher. The pick up shall be scheduled as stated
above. Collection shall begin no earlier than seven
o'clock (7:00) a.m. weekdays and no earlier than eight
o'clock (8:00) a.m. Saturdays and shall cease no later
than seven o'clock (7:00) p.m. weekdays and Saturdays,
unless authorized in writing or electronically in
advance by the Public Works Director.
2. QUANTITY: All refuse generated at commercial and
industrial establishments shall be collected except for
excluded wastes and recyclable material collection.
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Commercial and industrial establishments may contract
for recyclable material collection independent of this
contract in accordance with State statutes, City of
Atlantic Beach Ordinances or the Duval County Commercial
Recycling Ordinance, as adopted or as may be amended
from time to time. Collection of commercial yard waste
is optional as landscape maintenance contractors may
transport and dispose of generated commercial yard waste
thereby considered excluded waste.
3. WHERE: It is the duty of the owners /operators of such
establishments to accumulate refuse in locations
mutually agreed upon by the owners /operators and the
Contractor, and which are convenient for collection by
the Contractor. Where mutual agreement is not reached,
the Public Works Director (or his designated agent)
shall designate the location consistent with the
ordinances and requirements of the City of Atlantic
Beach.
4. HOW: The Contractor shall make collections with as
little disturbance as possible to business and
commercial establishments. This work shall be done in a
sanitary manner and the Contractor's employees shall
pick up any refuse spilled by the collector immediately.
The Contractor shall be responsible for returning the
container to the enclosure, closing the container doors
and lids,
and the screened enclosure doors or gates. Only for
those customers requiring solid waste collection services
twice a week or more, it will be a
requirement of the contractor to properly spray the
container each time it is emptied with a sanitizing
spray from the collection vehicle (containers emptied by
mechanical means only). In the event unsanitary
conditions such as continually overflowing containers or
otherwise inappropriately placed materials are
encountered by the collection vehicle driver, it shall
be his responsibility to immediately radio the condition
to the Contractor's dispatcher who will in turn
immediately notify the Public Works Director. It shall
be the responsibility of the collection vehicle driver
to immediately radio in any damage caused by his
operation to the enclosure or gates thereto to the
Supervisor or Contractor's dispatcher who will arrange
for repairs at the Contractor's expense and immediately
notify the Public Works Director.
5. CONTAINERS: Commercial and industrial establishments may
use any of the following containers for accumulation of
refuse:
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a) Refuse containers (Carts) as defined in this
contract.
a) Containers emptied by mechanical means.
c)
Dumpster containers shall be made available to
commercial customers in 96- gallon Carts, or
containers with 2, 4, 6, 8, and 10 cubic yard
capacities. Service to commercial customers shall
be provided with the same size containers currently
in use and with the same frequency of pick up
unless otherwise approved by the Public Works
Director. If requested by the customer, the
Contractor will provide a change of container size
one (1) time per year at no charge to the customer.
Any additional changes of size of container
requested by the customer, the Contractor may
charge a $50.00 change of service fee.
Compacted containers - Roll off containers or VIP
Compactor (FEL) containers.
C. RECYCLING
1. RECYCLABLE MATERIALS COLLECTION AND DISPOSAL: The
services to be performed under this Agreement by the
Contractor consists of curbside residential and multi-
family residential collection of all recyclable
materials, and collection of all recyclable materials
from City owned locations in the recycling service area,
transportation, and recovery of said recyclable
materials to a disposal or other processing facility as
directed by the City, or, if no market is available, to
an approved landfill, mutually agreed to by the
Contractor and the City. The Contractor shall perform
such services as are required to provide a complete
recyclable materials program.
2. PROPOSED SCHEDULE OF COLLECTION OF RECYCLABLES AND
DESCRIPTION OF THE WORK: The Contractor shall collect
all recyclable material set out for the purpose of
recycling from all residential units. The collection of
curbside residential recyclables shall be conducted
using one Residential Recycling Cart, furnished by the
Contractor.
3. FREQUENCY OF COLLECTION: Recyclable materials will be
collected one time per week, in a commingled state (single
stream) and on the same day as garbage and yard waste
collection. Residential Recycling Carts shall be left in the
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position where they are found, with lids closed, behind the
curb or within five (5) feet of the edge of pavement.
4. HOURS OF COLLECTION: Collection shall begin no earlier
than seven o'clock (7:00) a.m. and shall cease no later
than seven o'clock (7:00) p.m. weekdays, unless approved
in writing or electronically in advance by the Public Works
Director. If weekend collection is needed following a
holiday or other circumstances, collection shall not begin
earlier than eight o'clock (8:00) a.m. and shall cease no
later than seven o'clock 7:00) p.m. In the event of an
emergency, or unforeseen circumstances, collection may be
permitted at a time not allowed by this paragraph
following approval by the Public Works Director or
designee.
5. POINT OF PICKUP OF RECYCLABLE MATERIALS: Residential
collection of residential recyclable materials shall be
at curbside. Multi - family recyclable materials shall be
picked up at a location adjacent to the regular refuse,
or other such locations as will provide ready
accessibility to the Contractor's collection crew and
vehicle. In the event an appropriate location cannot be
agreed upon, the Public Works Director shall designate
the location. As with regular residential garbage
collection, handicapped residents will be accommodated
at no additional fee.
6. RECEPTACLES: The Contractor shall pick up all recyclable
materials which have been properly prepared for
collection, placed in Residential Recycling Carts and
set at the appropriate location.
Each residence within the service area will be provided
with one Residential Recycling Cart embossed with the
City Recycling Logo at the Contractor's expense. The
Contractor will maintain an adequate supply of
Residential Recycling Carts.
Multi - family residential complexes utilizing
mechanically emptied containers will utilize the
Residential Recycling Carts. The Residential Recycling
Carts are to be supplied by the Contractor at his expense.
7. METHOD OF COLLECTION OF RECYCLABLE MATERIALS: The
Contractor shall make collections with a minimum amount of
noise and disturbance to the residents and commercial
customers.
The Contractor shall handle Residential Recycling Carts
with reasonable care and return them to the approximate
location from which they were collected. Any recyclable
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materials spilled by the Contractor shall be picked up
immediately. Residential Recycling Carts shall be
thoroughly emptied and left upright with lids closed at
the point of collection. The Contractor and the City
shall mutually develop a procedure for handling
placement of incorrect material in Residential Recycling
Carts by residents. At a minimum, the Contractor shall
leave the incorrect materials in the recycling bin along
with a Contractor provided notice describing the proper
materials and reason(s) items have not been collected.
The Contractor will be required to place such notice
either within the Residential Recycling Carts or place a
door hanger notice at the residence. The contractor
will be required to deliver to the Public Works Director
a copy of the notice including the reason(s) items have
not been collected and the address of the residence.
This is to be done on the same day the notice is given
to the residence. The copy of the notice may be sent
electronically to the City, using the web -based system
Trac -EZ) .
For multi - family residential units, the Contractor shall
transport the individual Residential Recycling Carts
from the storage location, empty into the truck by source,
and return to their original location.
8. SCHEDULES AND ROUTES: Recyclable materials collection
shall be made to residential units on the same day in
which garbage is collected. Therefore, schedules and routes
shall match the schedules and routes for solid waste
collection, except that the Public Works Director or designee
is authorized to modify, extend or suspend schedules in the
event of natural disaster, health hazard or any other state
of emergency requiring such action.
9. MONITORING RECORDS: The Contractor shall be responsible
for maintaining information and records adequate to
determine participation rates and weekly set -out rates
by percent for each material, volume of solid waste
diverted from landfill by percent, weight by material of
items recycled, neighborhoods above or below average
participation and other information required by the
City, County or the State of Florida necessary to meet
the requirements of the Solid Waste Management Act. The
Contractor shall furnish quarterly reports to the City
containing the required information with an annual
summary report, which will be due to the City within
sixty (60) days after the anniversary date of this
contract. Reports shall be on forms and in a format
approved by the City.
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10. MARKETING OF RECYCLABLE MATERIALS: The Contractor and
the City shall cooperate to develop markets for
recyclable materials. To the extent possible, based on
availability, capacity and market prices, the Contractor
may market the recyclable materials through local
business operations in Duval County. At a minimum, the
Contractor will provide for taking, marketing or storing
of recyclables at the disposal or other processing
facility as directed by the City.
11. Intentionally Omitted.
12. CHARGES FOR DISPOSAL OF RECYCLABLE MATERIAL: In the
event that recyclable materials are not saleable and
must be disposed of at a disposal facility, the
Contractor will not charge the City for the number of
tons of material so disposed.
13. PROMOTION - PUBLIC RELATIONS AND EDUCATION: The Contractor
will be responsible for the promotion of the recycling
programs. The City and the Contractor will cooperate in
the design of promotional events, educational programs,
and the preparation of promotional materials, such as
door hangers and /or flyers for public distribution. The
Contractor will distribute written information to the
residential participants on a periodic basis with a
minimum of two (2) times annually. Participation in
local festivals such as "Arts in the Park" or "Dancin'
in the Streets" may be counted as one distribution. The
Contractor may provide inserts to be included with the
mail out of the City Utility Bill for this purpose. The
Contractor further agrees to conduct presentations for
civic groups, homeowner associations and other
appropriate citizens groups as deemed appropriate.
14. COLLECTION VEHICLES: The Contractor shall have on hand
at all times and in good working order such equipment as
shall permit the Contractor to adequately and
efficiently perform the contractual duties. Equipment
shall be obtained from nationally known and recognized
manufacturers of garbage, yard waste and recycling
collection equipment and shall be kept in good repair,
appearance, and in sanitary and clean condition at all
times. Collection vehicles shall be designed or modified
for recyclables and shall be identified as Recyclable
Collection Vehicles Serving the City of Atlantic Beach.
Prior to purchasing equipment it shall be the
responsibility of the Contractor to determine the
available space, turning radius, ceiling heights, etc.
INs
of the likely buyers or processors of the recyclable
materials. Replacement and additional vehicles shall be
comparable equipment unless otherwise agreed by the
City. Such reserve equipment shall correspond in size
and capacity to the equipment used by the Contractor to
perform the contractual duties. See Section 8, Paragraph
A, Page 34.
15. RESIDENTIAL RECYCLING CONTAINERS: One (1) sixty -five
65) gallon Residential Recycling Container will be
provided by the Contractor to each Residential Unit,
including Multi - family units of 4 or less dwellings.
D. PARKS, PICNIC AREAS, PROPERTY OWNED, LEASED, RENTED AND
CONTROLLED BY THE CITY OF ATLANTIC BEACH - (EXHIBIT "B ")
The Contractor shall empty all refuse Carts used by the
general public in any of the areas or places named in the
above caption. The schedule may be amended during the term of
the contract upon the direction of the Public Works Director.
The City shall have the right to use regular commercial type
trash containers, Carts or cans, with covers. Servicing of
these facilities shall be performed by the contractor and
billed to the City at the proposed rates within the pricing
submittal by the contractor attached to this contract as
Exhibit "B ".
E. MISCELLANEOUS
1. On days Contractor is scheduled in the City the
Contractor shall pick up dead fowl, reptile, animals,
fish, etc. from public right —of -way, playgrounds, and
all City owned property within two (2) hours after
notification by the Public Works Director, his designee,
or the Police Department.
2. VACANT LOTS: The Contractor shall collect trash from
normal maintenance of vacant lots in the same manner as
the collection from residences, except the Contractor
will only be responsible for the weekly collection of up
to and including; See SECTION 2 Scope of Work, # 2
Garden and Yard Trash, paragraph (b).
3. The Contractor shall be responsible for the collection
and proper disposal of all used tires improperly
deposited on City right -of -ways and collected at the
Public Works Complex at no expense to the City.
F. CHANGE IN COST OF DOING BUSINESS
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The fees or compensation payable to the Contractor for the
second and subsequent years of the term hereof may be
adjusted upward or downward on June 1, 2016 and thereafter
on June 1 of each calendar year during the remaining term of
the contract upon written request of the City or the
Contractor at least 90 days before.. If requested, the rate
adjustment shall be equal to 1000 of the Consumer Price Index
CPI), United States All Urban Consumers, South Size class
B /C, for all items, or if that index ceases to be published,
an equivalent index determined by the City, published by the
U.S. Department of Labor, Bureau of Labor Statistics for the
preceding twelve (12) month contract period. The CPI
adjustment will only be applied to the cost of collection and
will not be applied to the disposal costs or the fuel
increase portion of the CPI. The fuel adjustment portion of
the CPI will be applied as noted in paragraph H below. If
a rate adjustment is not requested within the time frame
above, the rate adjustment for that particular 12 month
period shall be deemed waived and shall not be taken into
consideration in the future rate adjustments. Under no
circumstances will the collection component be adjusted to be
less than the initial collection component rate set forth in
the Agreement.
G. UNUSUAL CHANGES OR COSTS
The Contractor or the City may petition on June 1 of each
calendar year during the term of this contract for rate
adjustments at reasonable times on the basis of unusual
changes in the Contractor's cost of doing business, such as
revised laws, ordinances, or regulations, changes in location
of disposal sites or changes in disposal charges. Disposal
charges for residential (and commercial) waste are a part of
this Contract and are included in the total rate charged to
the City. The Contractor's rate charged to the City will be
segmented into collection, fuel and disposal components for
purposes of identifying these costs separately. In the event
of a major change in method or location of waste disposal
e.g., construction of a waste transfer station that
substantially alters the trip length for collected waste
disposal), the City and Contractor will renegotiate both
commercial and residential rates, as necessary to reflect
changes in the Contractor's cost of doing business.
H. FUEL ADJUSTMENT COMPONENT
During the term of this contract, the City shall adjust
payments to the contractor on a quarterly basis for either
increase or decrease for the fuel cost to the contractor for
providing the service to the City as per the contract. The
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fuel adjustment component (FAC) shall be adjusted on the
first quarter after the start date of the contract extension
with the base of fuel pricing being set at ten (100) percent
above the fuel pricing as per "On Highway Retail Diesel
Price" Lower Atlantic Region, U. S. Department of Energy,
Energy Information Administration published on the Internet
at.
http: / /www.eia.doe.gov /oil gas /petroleum /info glance /petroleum.html
at the start date of this contract and every quarter
thereafter. This fuel adjustment component will not be
considered within the CPI adjustment in paragraph F above.
Example: Fuel cost as per the Internet listing at the start
date of the contract: $2.47 per gallon
100 of rate .25
Base Rate $2.72
lst Quarter price $2.78
Rate increase .06 per gallon
06 multiplied by the gallons used by contractor. Each
quarter the Contractor shall calculate the adjusted fuel
component price described above and send a letter to the City
showing the calculations using the route miles, route hours
and gallons of fuel used to provide the services to the City
as per the contract. The vendor will break the fuel
consumption into components for each service provided,
residential and commercial. The rate paid to the Contractor
will be adjusted by residential unit counts for residential
and commercial will be adjusted by the collected cubic yard
price. If the Contractor fails to notify the City in writing
as per the above - described format within ten (10) days of the
end of each quarter the City will not consider the fuel
adjustment for that given quarter.
I. FAVORED NATIONS CLAUSE. In the event a neighboring
municipality negotiates a more favorable rate than the City
of Atlantic Beach for the provisions of the same or
substantially the same services provided in this contract
with the Contractor of this contract, the Contractor shall be
required to, upon execution of the agreement with the
neighboring municipality, reduce the rates charged to the
City to be equal to or lower than the rates charged the
neighboring municipality. Neighboring municipality shall
mean all municipalities within Duval County of Florida. See
AA in Definitions.
SECTION 3 - STORAGE AND OFFICE FACILITIES
The Contractor shall establish and maintain an office and
maintenance facility within Duval County where such service may be
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applied for, and complaints can be made within two (2) weeks after
approval and acceptance of this Agreement between the City and the
Contractor. It shall be equipped with sufficient toll free
telephones; shall have a responsible person in charge with the
ability to communicate with the public and shall be sufficiently
staffed during collection hours and shall be open during the
operational hours of this contract, 7:00 AM to 7:00 PM.
SECTION 4 - SCHEDULES AND ROUTES
A. IN GENERAL
The Contractor shall abide by the routes and schedules
previously provided to the City. The City reserves the
right to deny the Contractor's vehicles access to certain
streets, alleys and public ways, inside the City or outside
the City in route to the disposal facilities, where it is in
the best interest of the general public to do so due to
conditions of streets or bridges. The Contractor shall not
interrupt the regular schedule and quality of service because
of such street closures.. Individual route starting times and
succession of pickup shall remain constant so as to promote
and achieve regularity of service. The Public Works Director
shall approve any and all route and /or schedule changes. The
Contractor shall furnish written notices of changes in
schedules to the customers, at least ten (10) days prior to
the actual change in routes or schedules. The Public Works
Director's decision may be appealed to the City Manager. The
decision of the City Manager shall be final.
NOTE The Contractor's attention is directed to the fact
that at various times during the year, the quantity of refuse
to be disposed of is materially increased by fluctuations in
the amount of garden and yard trash. This additional work-
load will not be considered as adequate justification for
failure of the Contractor to maintain the required collection
schedules and routes.
B. STORM
1. Disaster Response Plan
The Contractor shall have a disaster response plan for
removal and disposal of excessive amounts of debris or refuse
accumulated by reason of a storm of disastrous proportions,
natural disaster, severe disturbance, riot or other calamity.
Prior to the effective date of this contract, the contractor
will provide the City with a detailed plan specifically for
the first seventy two (72) hours of an event as described
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above and is required to update and review the plan, which
will include pricing and terms for work to be performed, with
the City annually before the start of the hurricane season.
The City will agree to pay the FEMA rates stated at the time
of the named event for the first seventy -two (72) hours. Any
additional collection required after the first seventy -two
72) hours of the named event the Contractor and the City
will revert to the pre- agreed pricing and terms.
The Contractor shall have at all times, written agreements
with sub — contractor(s) for collection, hauling and disposal
relating to the above should the Contractor not have
sufficient resources of its own to affect a timely clean up.
Such agreement(s) should contain operational details and unit
pricing for collection and hauling with actual disposal cost
to be an add on. The initial sub- contractor agreements are to
be an addendum to this contract with annual renewals to be
reviewed and agreed to by the City of Atlantic Beach. The
Contractor's emergency response plan should also have
operational details and unit pricing. Contractor and
Sub- contractor agreements must be reviewed and agreed to by
the City prior to June 1st each year.
Should an event of the above magnitude occur, the Public
Works Director and the Contractor will meet as soon as
possible to formulate and agree upon a clean up plan.
The City reserves the option to utilize the Contractor
forces, Contractor's sub— contractors, services other than
provided by this contract (City's own contractors), City
forces, mutual aid agreements or any combination thereof.
2. Collection of Storm Debris
In addition to the forgoing, for expedited clearing of debris
accumulated by reason of a storm, natural disaster, severe
disturbance, riot or other calamity, the City requires
additional yard debris pick up capacity. Contractor agrees to
provide these emergency services with compensation on a unit
price basis as defined below:
Contractor will be paid at a rate of $85 /ton of yard debris
or yard waste (net weight) as documented on load tickets from
the designated waste site. This rate will apply to all yard
waste collected in excess of 1050 of the three year average
weight picked up for that month, pro -rated on a weekly basis
4.33 weeks per month) in any give month as documented in the
Sanitation monthly report. Activation of this Section will be
in the form of a Notice to Proceed from the Public Works
Director. A cleanup planning meeting between City and
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Contractor personnel will occur within 24 hours of receipt of
the Notice to Proceed. When activated, the focus of the post
storm cleanup efforts by the Contractor will be on collection
of bagged or containerized trash that cannot be taken to a
City of Jacksonville Temporary Debris Storage and Reduction
Site (TDSRS). A field supervisor dedicated to debris cleanup
operations shall be in the City and available to meet with
City personnel at all times Contractor's trucks are
conducting debris cleanup. Cleanup efforts under this
addendum shall end when storm cleanup by the City's bulk
debris contractor is completed or after two sweeps of the
City have been completed, as determined by the Public Works
Director. Remaining debris, containerized and bulk, will be
collected under the terms of the existing Sanitation
contract.
A copy of the scale certification will be provided with the
first invoice for this service. The tonnage rate above will
constitute full compensation for debris collection and
disposal. No additional payment will be made for grinding,
burning or other means of final disposal for storm debris
collected pursuant to this Section 4.B.2.
The unit price payable to the Contractor for the second and
subsequent years of the term hereof may be adjusted upward or
downward on June 1 of each calendar year during the term of
this Agreement upon written request of the City or the
Contractor at least 90 days before such date. If requested,
the rate adjustment shall be equal to 1000 of the Consumer
Price Index (CPI), United States All Urban Consumers, South
Size class B /C, for all items, or if that index ceases to be
published, an equivalent index determined by the City,
published by the U.S. Department of Labor, Bureau of Labor
Statistics for the preceding twelve (12) month contract
period. No fuel rate adjustment, other than what is included
in the CPI calculation, is authorized.
City approval of a conceptual cleanup plan may be granted at
any meeting required pursuant to this Section 4.B, with
written commitment of schedule and level of effort from
Contractor to follow within 48 hours of City approval.
C. FORCE MAJEURE
The performance of any act by the City or Contractor
hereunder may be delayed or suspended at any time while, but
only so long as, either party is hindered in or prevented
from performance by acts of God, the elements, war,
rebellion, strikes, lockouts or any other cause beyond the
reasonable control of such party, provided, however, the City
24
shall have the right to provide substitute service from third
party contractors or City forces and in such event the City
shall withhold payment due Contractor for such period of
time. If the condition of force majeure exceeds a period of
14 days, the City may, at its option and discretion, cancel
or renegotiate this Agreement.
D. EXCLUSIVE RIGHTS
The Contractor shall have sole and exclusive rights to
collect refuse, as defined in the contract agreement, within
the corporate limits of the City of Atlantic Beach with the
following exception: Contractors, commercial and residential
customers engaged in building or remodeling operations, shall
be permitted to remove the waste accumulated as a result of
their operations with their own trucks and labor or may
contract with any hauler licensed by the City to remove
construction and demolition debris. All other waste removal
will not be permitted by another solid waste contractor,
other than excluded waste, exempted yard waste, commercial
recycled materials, hurricane debris collected by the City or
another contractor chosen by the City. The City of Atlantic
Beach reserves the right to pick up refuse relating to street
maintenance and other activities relating to City functions
or ordinances. Contractor shall have the exclusive right to
collect and haul recyclable and recovered material except
source separated recovered material at commercial
establishments as terms are defined under state law.
E. MISCELLANEOUS
The Contractor shall not be responsible for scattered refuse
unless his acts or those of any of his employees have caused
the same, in which case, the Contractor shall pick up all
such scattered refuse immediately. Employees of the
Contractor shall not be required to expose themselves to the
danger of being bitten by vicious dogs in order to accomplish
refuse collection in any case where the owner or tenants have
such animals at large, but the Contractor shall immediately
notify the customer and Public Works Director, in writing, of
such conditions and of his inability to make collection
because of such conditions.
F. HOLIDAYS
When a holiday listed below falls on a regularly scheduled
collection day, the Contractor shall collect all solid waste
on the following day, excluding Sunday.
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Memorial Day
Independence Day
Thanksgiving Day
Christmas Day
New Years Day
SECTION 5 - DURATION OF CONTRACT -
COMMENCEMENT OF WORK
A. The term of this agreement shall be for a period of seven (7)
years with work commencing June 1, 2014, and terminating on
May 31, 2021, unless terminated or breached at an earlier
date.
B. The Contractor must commence work on the date and year
entered in Section 5A. Failure to commence work on the
specified date will result in forfeiture of the Performance
bond.
SECTION 6 - CONTRACTOR'S RELATION TO THE
CITY
A. CONTRACTOR AS INDEPENDENT CONTRACTOR
It is expressly agreed and understood that the Contractor is,
in all respects, an Independent Contractor as to the work
notwithstanding in certain respects the Contractor is bound
to follow the direction of designated City officials, and
that the Contractor is in no respect an agent, servant, or
employee of the City. The contract specifies the work to be
done by the Contractor, but the method to be employed to
accomplish this work shall be the responsibility of the
Contractor, unless otherwise provided in the contract.
Subcontractors will be dealt with as workmen and
representatives of the general Contractor, and as such will
be subject to the same requirements as to character and
competence as are other employees of the Contractor. Any sub-
contractors employed by the Contractor must first be approved
in writing by the City Manager and the Public Works Director
prior to performing any work within the City. Approval by the
City Manager and the Public Works Director does not relieve
the Contractor from any responsibilities or liabilities
stated within the Agreement.
B. SUPERVISION OF CONTRACT PERFORMANCE
The Public Works Director shall supervise the Contractor's
26
performance of this contract or some other official of the
City designated by the Public Works Director, and the
Contractor shall be so notified in writing by the Public
Works Director. If at any time during the life of the
contract, performance satisfactory to the Public Works
Director shall not have been made, the Contractor, upon
notification by the Public Works Director, shall increase the
force, tools and equipment as needed to properly perform this
contract. The failure of the Public Works Director to give
such notification shall not relieve the Contractor of his
obligation to perform the work at the time and the manner
specified by this contract.
C. PUBLIC WORKS DIRECTOR TO BE REFEREE
To prevent misunderstanding and any litigation, the Public
Works Director or his designated representative, shall decide
any and all questions which may arise concerning the quality
and acceptability of the work and services performed, the
sufficiency of performance, the interpretation of the
contract provisions, and the acceptable fulfillment of the
contract on the part of the Contractor; and the Public Works
Director will determine whether or not the amount, quantity,
character and quality of the work performed is satisfactory,
which determination shall be final, conclusive and binding
upon both the City and the Contractor. The Public Works
Director shall make such explanation as may be necessary to
complete, explain or make definite the provisions of this
contract; and his findings and conclusions shall be final and
binding upon both parties.
E. INSPECTION OF WORK
The Contractor shall furnish the Public Works Director or his
authorized representative with every reasonable opportunity
for ascertaining whether or not the work as performed, is in
accordance with the requirements of the contract. The
Contractor shall designate, in writing, the person to serve
as agent and liaison between his organization and the City.
He may designate himself to so serve. The Public Works
Director may appoint qualified persons to inspect the
Contractor's operation and equipment at any reasonable time.
The Contractor shall admit members of the City Commission and
other authorized representatives of the City to make such
inspections at any reasonable time and place with proper
notice by the City to the contractor, not less than twenty -
four (24) hours.
F. DISAGREEMENTS - REFUSE TO BE COLLECTED - HOW
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It is recognized that disagreements may arise between the
City and the Contractor with regard to the collection of
certain items due to interpretation of the specific language
in the contract.
G.
In the event a disagreement arises and refuse needs to be
collected and disposed of, the Public Works Director or his
authorized representative may notify the Contractor of the
location of refuse which has not been collected due to
disagreement between the City and the Contractor, and it
shall be the duty of the Contractor to remove all such refuse
within two (2) days of the notice. Should the Contractor fail
to remove the refuse, the City will remove the refuse and the
City shall deduct costs incurred from the next scheduled
payment to the Contractor.
TAXES
The Contractor shall pay all federal,
to include sales tax, social security
compensation, unemployment insurance,
taxes which may be chargeable against
equipment, real estate and any other
in the performance of this contract.
state and local taxes,
workmen's
and other required
labor, material,
items necessary to and
H
I.
J
CITY NOT LIABLE FOR DELAYS
equitable proceedings brought against the Contractor, or from
or by or on account of any delay from any cause over which
the City has no control.
It is expressly agreed that in no event shall the City be
liable or responsible to the Contractor or to any other
person on account of any stoppage or delay in the work
provided for herein, by injunction or other legal or
EXTENSION OF CONTRACT
The initial term of this contact may be extended for
additional six (6)terms, under the existing terms and
conditions or as modified through additional negotiations, if
either party notifies the other in writing, not less than 180
days prior to the expiration of the initial term or
subsequent term, of the party's desire to renew the contract.
This contract may be extended by mutual consent of the
parties. Any extensions or modification of this contract
shall be ratified by the Atlantic Beach City Commission.
SCHEDULE OF PAYMENTS
1. For and in consideration of the services to be
PQ
performed by the Contractor pursuant to this agreement, the
City agrees to make payments to the Contractor as follows:
For purposes of this Section J, the service rate of $15.79 is
broken down as follows: $11.59 for collection services, $1.72
for fuel expense, and $2.48 for disposal costs.
a) Residential: end of the month payments shall be
computed by multiplying the initial number of
residential units in the service area times $15.79
per household, broken down by collection, fuel and
disposal components. This rate is all inclusive,
including all costs for collection, fuel and
disposal. Updates of residential units will be made
annually commencing October 1, 2015.
1) end of the month payments for second day
subscription pickup of household garbage shall
be computed by multiplying the number of
residential units subscribing times $15.79 per
household. This number shall be updated on a
monthly basis.
2) end of the month payments for second Cart
pickup of household garbage shall be computed
by multiplying the number of residential units
subscribing times $7.00 per household. This
number shall be updated on a monthly basis.
b) Multi - family residential (curbside, all residential
services): end of the month payments shall be
computed by multiplying the initial number of
residential units in the service area times $15.79
per household for garbage, recycling and yard
waste. This rate is all inclusive, including all
costs for collection, fuel and disposal.
c) Multi - family residential recycling using
Residential Recycling Carts: monthly recycling bill
shall be computed by multiplying the number of
Residential Recycling Carts times $6.50. Updates
for Multi - family residential units will be the same
as (a) Residential.
d) Multi - family (containers emptied by mechanical
means): end of the month payments shall be computed
by multiplying the total monthly yardage based on
container size by the rate of $3.24 per cubic yard
for containerized garbage, broken down as follows:
1.53 for collection services, $0.42 for fuel
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expense, and $1.29 for disposal costs.
e) Commercial (curbside, all residential services):
end of the month payments shall be computed by
multiplying the number of business units in the
service area times $15.79 per business for garbage
yard waste and per unit for recycling, broken down
by collection, fuel and disposal components. This
rate is all inclusive, including all costs for
collection, fuel and disposal. This category
includes City facilities not using containers
emptied by mechanical means listed in Exhibit B.
f) Commercial (curbside, garbage only, twice a week
collection): end of the month payments shall be
computed by multiplying the number of commercial
Carts in the service area times $3.45 per
collection per Cart. (Note: contractor will be
responsible for determining type of service
residential or garbage only) commercial units
desire) .
g) Commercial (containers emptied by mechanical
means): end of the month payments shall be computed
by multiplying the total monthly commercial yardage
collected by the rate of $3.24 per cubic yard for
containerized garbage, broken down as follows:
1.53 for collection services, $0.42 for fuel
expense, and $1.29 for disposal costs. This
category includes City facilities listed in Exhibit
B.
h) Commercial (roll -off containers): end of the month
payments shall be computed by multiplying the total
number of roll off pulls by $275.00 per pull (other
than C &D containers), or $275.00 per pull for roll
off compactor, broken down as follows: $200.00 for
collection services and $75.00 for fuel expense.
i) VIP Compactors (FEL): end of the month payments
shall be computed by multiplying the total monthly
commercial yardage collected based on container
size by the rate of $9.69 per cubic yard for
compacted containerized waste, broken down as
follows: $3.75 for collection services, $1.26 for
fuel expense, $4.68 for disposal costs.
j) City Street, Parks, Bus Stops and Beach Access
Collection: end of the month payments shall be
M
computed by multiplying the total monthly City
gallons collected, based on container size per RFP
Exhibit C, by the rate of $7.90 per 96 gallons. (Do
not think is ADS doing any of this ?)
k) City Facilities: end of the month payments shall be
computed by multiplying the number of business
units in the service area times $8.10 per business
for garbage and $3.05 per unit for recycling. This
category includes City facilities not using
containers emptied by mechanical means listed in
RFP Exhibit B.
1) Special Pickups including Extra Service and
Commercial Bulk Pickups: Special pickups shall be
billed at the rate listed in the approved schedule
of standard charges. Schedule of standard charges
shall be provided to the City as of the effective
date of contract and must be approved by the City
Manager. Contractor shall submit written
documentation of customer's agreement for special
pickup with the invoice.
NOTE: Rates above are based on hauling residential and
commercial garbage to Duval County's Trail Ridge Landfill. Any
change of disposal site will require renegotiation per Section 2,
paragraph G.
2. The Contractor is to ensure monthly invoice follows
categories listed above.
3. Collection of Construction and Demolition Debris:
a) The Contractor is granted non - exclusive
authorization to provide roll -off containers for
private contractors / builders / homeowners within
the City for the purpose of removing construction
and demolition debris. The rental and use of these
containers will be a separate contract between the
Contractor and the user. The Contractor will bill
the user directly for delivery, rental and
disposal. The rates for this service shall be $205
per pull, delivery included, and $24 per ton for
disposal. The Contractor will pay a 4200 Franchise
Fee to the City and will submit the Fee with the
monthly invoice for services. Contractor shall
provide the City records identifying the address,
volume of collection, and such other information as
requested by the City on the first (1st) of each
month.
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K. CANCELLATION OR ANNULMENT OF CONTRACT
The Contractor and the City recognize that it is of paramount
importance that the contract be performed and the individual
customers receive service. If the Contractor fails to begin
work at the time specified, or fails to perform the work with
sufficient number of workmen and sufficient and adequate
equipment to insure the proper and substantial performance of
said refuse collection work, or performs the work unsuitably,
or discontinues the prosecution of the work or any portion
thereof, or for any other cause whatsoever, excepting only
acts of God, does not carry on the work as aforesaid, or if
the Contractor becomes insolvent or declares bankruptcy or
commits any act of bankruptcy or insolvency, or allows any
final judgment for the payment of money to stand against him
unsatisfied, and if the City, through its Public Works
Director, gives notice of such default, and the Contractor or
his surety fails to cure such default within seven (7) days
after giving of such notice by the City, then the City may
thereupon, by action of the City Commission, declare the
contract cancelled. Upon declaration of cancellation, the
City may, at no cost to the City or compensation to the
Contractor, take over the work and take possession, without
further notice to the Contractor and without judicial
proceedings, of any and all equipment of the Contractor and
operate the same in performance of the work and services
described in this contract for the unexpired term of the
contract, or for a period of three (3) months, whichever the
City elects, or the City may enter into agreements with
others for their performance of the work and services herein
contracted for. Such cancellation of the contract shall not
relieve the Contractor or the surety of liability for failure
to faithfully perform this contract, and in case the expense
incurred by the City in performing or causing to be performed
the work and services provided for in this contract shall
exceed the proposal price of the Contractor, as provided in
this contract, then the Contractor (and the surety to the
extent of its obligation) shall be liable to the City for
said amount. Contractor's surety or security will not be
released until such time as the term of this contract would
otherwise have expired.
L. OPERATION DURING DISPUTE
In the event the City has not cancelled the contract in
accordance with the terms provided above, and there remains a
dispute between the Contractor and the City, the Contractor
agrees to continue to operate and perform under the terms of
this contract while said dispute is pending, and agrees that
in the event a suit is filed for injunction or other relief
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to continue to operate the system until the final
adjudication of the court.
SECTION 7 - QUALITY OF SERVICE
A. CHARACTER OF WORKMEN AND EQUIPMENT
The direction and supervision of refuse collection and
disposal and salvage operations shall be by competent,
qualified and sober personnel, and the Contractor shall
devote sufficient personnel, time and attention to the
direction of the operation to assure performance satisfactory
to the City. All subcontractors, superintendents, foremen and
workmen employed by the Contractor shall be careful and
competent. It is mandatory that the Contractor shall also
provide uniforms with either a reflective safety vest or
reflective safety shirt, and I.D. badge; said badge shall be
destroyed upon termination of the employee. Each employee
performing supervisory duties shall have uniform shirts with
the employee's name on the shirt rather than an I.D. badge.
All employees used by the Contractor during the terms of this
agreement shall be of a standing or affiliation that will
permit the Contractor's performance herein to be carried on
harmoniously and without delay, and in no case, or in any
circumstances, will such employees cause any disturbance,
interference or delay to any work or service rendered to the
City or by the City and in no case or in any circumstances
will the employees conduct themselves negligently, disorderly
or dishonestly in the due and proper performance of the
employee's duties. The Contractor shall see to it that his
employees serve the public in a courteous, helpful and
impartial manner. He shall furnish the City with a current
roster of employees and equipment (by make model and number)
daily for each day the contractor is providing service to the
City. Contractor's employees collecting garbage will be
required to follow the regular walk for pedestrians while on
private property. No employee shall meddle with property that
does not concern him. Care shall be taken to prevent damage
to property, including shrubs, flowers and other plants.
After emptying Carts, employees shall return them to the same
location from which they were taken, in an upright position,
with lids closed.
B. COOPERATION OF CONTRACTOR REQUIRED
The Contractor shall cooperate with authorized
representatives of the City in every reasonable way in order
to facilitate the progress of the work contemplated under
this contract. Unless otherwise approved by the Public Works
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Director, the Contractor shall have a full time Supervisor in
the City at all times when a Contractor's vehicle is within
the City limits performing any type of residential
collection. Prior to departing the City after each work day,
the Supervisor will contact Public Works either in person or
by telephone to report completion of the day's collection.
This person shall be competent and able to communicate with
the public. The Contractor will supply the Supervisor with
mobile communication with a published phone number for direct
contact with the Public Works Director as well as Residential
and Commercial accounts for any situation that may arise.
C. HANDLING COMPLAINTS
The Contractor shall perform a service of high quality and
keep the number of legitimate complaints to a minimum. The
Contractor shall maintain a telephone listing in the name in
which he is doing business as a Contractor and provide
answering service for those customers needing to contact him
during collection hours Monday through Saturday.
In order that the City may be informed of the quality of
service, the Contractor agrees to maintain an on line web
site for and with the City to record all complaints and
resolution of said complaints or inquiries of service for
inspection by the City. The Contractor also agrees to provide
a single point of contact in order for the City or more
specifically the Public Works Director or his designee to
have immediate access to Contractor's personnel to deal with
various situations which may arise from time to time. The
Contractor agrees to furnish a monthly report of all
complaints, listing the name and address of the person
complaining, the nature of the complaint, and disposition of
such complaint. All complaints whether received in person, by
mail or telephone, shall be recorded in triplicate, one (1)
copy to go to the City and two (2) copies to be retained by
the Contractor. This process may be accomplished using the
web -based tracking system (e.g. Trac -EZ). Complaints received
shall be serviced the same day. For each month in which the
number of unserviced legitimate complaints reaches twenty
20) or more, whether for garbage or trash, or any other
cause, the City shall be entitled to claim liquidated damages
of one hundred ($100) dollars per complaint including the
first twenty. Each complaint shall be considered legitimate
unless satisfactory disposition of the claim is furnished.
The decision of the Public Works Director shall be final.
D. CUSTOMER INFORMATION
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The Contractor shall provide each residential customer with a
condensed version, approved by the City, of rules and
regulations for refuse collection. Said condensed version
shall outline obligations of the customer and Contractor,
according to terms of this agreement, and shall be
distributed within 30 days of the effective date of this
contract extension.
E. GUARANTEES OF PERFORMANCE
SURETY BOND: The Contractor has previously deposited with the
City a performance bond as faithful performance under the
terms of this contract. Contractor shall maintain such bond
during the term of this agreement, and agrees that n no event
shall the bond be less than $250,000. This performance bond
shall be written by a company with a Class 9, A or higher
financial rating as shown in Best's Key Rating Guide.
Atlantic Beach will accept an annual performance bond;
however, neither non - renewal by the Surety, nor failure or
inability of the Principal to file a replacement bond or
other security in the event the Surety exercises its right to
not renew this bond, shall itself constitute a loss to
Atlantic Beach recoverable under this bond or any extension
thereof. If any conflict or inconsistency exists between the
Surety's obligations or undertakings as described in the bond
and as described in this contract, then the terms of the bond
shall prevail. The Surety and the contractor are responsible
to notify the City within 30 days prior to the annual
expiration date of the security bond of its intent to either
renew or cancel renewal of the existing bond held by the
City. It shall be the responsibility of the Contractor to
insure this notification process is carefully followed. If in
case the surety notifies the Contractor or the City of its
intent to not renew the security bond, then the Contractor
must replace the security to the City with equal to [with the
same bond rating or higher or cash/ cashier check] or other
approved security with the City within ten (10) calendar days
prior to the expiration of said bond.
SECTION 8 - EOUIPMENT
A. TYPE.
The Contractor agrees to provide equipment as set forth in
this Section 8A. Back up equipment is not required to be new.
The Contractor shall during the term of this contract, use
vehicles, one (1) per route. By year -end 2018, the age of the
vehicles utilized to perform the services contemplated by
this contract will be not older than model year 2014. All
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equipment must be maintained and freshly painted, with bodies
which are water tight to a depth not less than eighteen (18)
inches, with solid sides, using pneumatic tires. All
vehicles shall be equipped with operational radio transceiver
or cellular phone capable of communicating with the
Contractor's supervisor and dispatcher from anywhere within
the City of Atlantic Beach. Failure to comply with these
standards shall result in Liquidated Damages of $1,000.00 per
week.
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The Contractor shall provide sufficient equipment, in proper
operating condition; so regular schedules and routes of
collection can be maintained. This will include a vehicle
for the supervisor overseeing the City operations and a "rat
pack" or other small vehicle with a lift assembly to service
areas inaccessible to the larger equipment.
C. CONDITION
Equipment is to be maintained in a reasonable, safe, working
condition, to be painted uniformly, the company name,
telephone number, and the number of the vehicle printed in
letters not less than three (3) inches high, front, rear and
on each side of the vehicle, and vehicles shall be numbered
and a record kept of the vehicle to which each number is
assigned. No advertising other than Contractor's standard
company logo shall be permitted on vehicles, dumpsters, or
roll off containers servicing Atlantic Beach. A sign saying
Serving the City of Atlantic Beach" and the type of service
being rendered by each collection vehicle shall be displayed
on all collection trucks while operating in the City of
Atlantic Beach. The Contractor is required to keep collection
vehicles and commercial containers emptied by mechanical
means, cleaned and painted to present a pleasing appearance.
The Contractor shall submit, as part of the proposal, a
schedule showing the frequency of the cleaning and painting
of the vehicles and containers. Contractor will replace all
front load metal containers utilized by Contractor in the
performance of the services contemplated hereunder with new
front load plastic containers by end of June 2015. .
D. OPERATION
Each non - packer trash vehicle shall be equipped with a cover
which may be net with mesh not greater than one and one -half
inches, or tarpaulin, or fully enclosed metal top. Such cover
shall be kept in good order and used to cover the load going
to and from the disposal facility during loading operations
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or when parked, if the contents are likely to be scattered if
not covered. Vehicles shall not be overloaded so as to
scatter refuse; however, if refuse is scattered from the
Contractor's vehicle for any reason, it shall be picked up by
the Contractor immediately. Each vehicle shall be equipped
with a spill kit, pitchfork, rake, shovel and broom for this
purpose. Safety equipment is also required, such as a fire
extinguisher and reflectors. The Public Works Director or
his designee will have the authority to spot inspect the
equipment during route operations for compliance. The
Contractor's vehicles are not to interfere unduly with
vehicular or pedestrian traffic and vehicles are not to be
left standing on streets unattended except as made necessary
by loading operations, and shall move with the traffic flow.
SECTION 9 - EMPLOYMENT AND WORKING
CONDITIONS
The Contractor shall comply with all applicable state and federal
laws relating to wages and hours, and all other applicable laws
relating to the employment or the protection of employees now or
hereafter in affect. The Contractor is required and hereby agrees
by accepting this contract, to pay all employees not less than the
federal minimum wage and to abide by other requirements as
established by the Congress of the United States in the Fair Labor
Standards Act as amended, and changed from time to time.
Contractor also agrees that upon written request, the Contractor
will provide the City all information and policies, whether
written or oral, relating to the wages or terms and conditions of
employment for employees in the service of the Contractor under
this agreement.
SECTION 10 - DISPOSAL OF REFUSE
Contractor may deliver all Refuse, Garbage, Trash, Bulky Waste
Recovered Materials, Construction and Demolition Debris and other
solid waste materials collected by Contractor to a disposal or
other processing facility as determined by the Contractor in its
sole discretion that is permitted by the applicable state
regulatory agency to accept such waste and materials. The City
must be notified in writing at least 30 days in advance of any
change in disposal facility use, along with rationale for the
change. If change will result in significant savings, the
requirements of Section 2, paragraph G. Unusual Changes or Costs
will apply. City will not be responsible for increased cost of
disposal if change is made at Contractor's request. The
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Contractor shall pay all tipping fees charged by a facility for
the disposal of Garbage collected from Residential Units and from
Commercial Units utilizing Carts or Residential Recycling Carts
only. The City shall continue to be responsible and pay for all
tipping fees and other disposal costs and expenses incurred in the
disposal of all solid waste and recycling materials collected from
Commercial Units utilizing VIP Compactor (FEL) containers,
mechanical containers approved by the Public Works Director or his
designee, and mechanically emptied containers (such as front -end
load dumpsters, roll -off containers, etc.)
If the disposal facility imposes or changes a tipping fee for
disposing of waste the Contractor may at that time apply to the
City for a rate adjustment to cover those additional disposal fees
only. This rate shall be adjusted up or down accordingly, with
the disposal facility utilized by the contractor.
SECTION 11 - COMPLIANCE WITH LAWS
AND REGULATIONS
The Contractor hereby agrees to abide by all applicable federal,
state, county and city laws and regulations. The Contractor and
his surety indemnify and save harmless the City, all its officers,
representatives, agents and employees against any claim or
liability arising from or based on the violation of any such laws,
ordinances, regulations, order or other decree, whether by
himself, his employees or his subcontractor. This clause shall
apply not only during the term of this agreement, but also as to
any claim, liability, or damages which are based on the
Contractor's conduct during the term of this agreement and in the
event the City is charged with the responsibility, jointly or
severally, for the aforementioned conduct as a successor to the
Contractor.
SECTION 12 - INSURANCE
The Contractor shall not commence work under this contract until
he has obtained all insurance required under this contract and the
Public Works Director of the City of Atlantic Beach has approved
such insurance coverage, nor shall the Contractor allow any
subcontractor to commence work on subcontracts until similar
insurance of the subcontractor has been obtained and approved.
A. WORKER'S COMPENSATION INSURANCE
The Contractor shall provide and maintain during the life of
this contract, Worker's Compensation Insurance for all of his
employees, who are employed in connection with the work, and
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in case the work is sublet, the Contractor shall require the
subcontractor similarly to provide Worker's Compensation
Insurance for all the latter's employees, unless such
employees are covered by the protection afforded by the
Contractor. In case any class of employees engaged in
hazardous work under this contract are not protected under
the Worker's Compensation Statute, the Contractor shall
provide and shall cause each subcontractor to provide
adequate insurance coverage for the unemployment compensation
protection of his employees not under or otherwise protected.
IN PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE
The Contractor shall provide and maintain during the life of
this contract, at his own expense, such public liability and
property damage insurance, with the City of Atlantic Beach
also being named as additional insured, as shall protect him
and any subcontractor performing work covered by this
contract, from claims for property damage, which may arise
from operations under this contract, whether such operations
be by himself or by a subcontractor, or anyone directly
employed by the Contractor or subcontractor, and the amount
of such insurance shall be as follows:
1. GENERAL LIABILITY INSURANCE
The Contractor shall provide and maintain during the
life of the contract, at his own expense, Commercial
General Liability Insurance. Coverage must afford on a
form no more restrictive than the latest edition of the
Commercial General Liability Policy filed by the
Insurance Services Office and must include:
Minimum limits of $1,000,000 per occurrence combined
single limit for bodily injury liability and property
damage liability.
Premises and /or operations.
Independent contractors.
Products and /or completed operations.
Contractual Liability
2. BUSINESS AUTOMOBILE POLICY
The Contractor shall provide and maintain during the
life of the contract, at his own expense, Business
Automobile Liability Insurance. Coverage must be
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afforded on a form no more restrictive than the latest
edition of the Business Auto Policy filed by the
Insurance Services Office and must include:
Minimum limits of $1,000,000 per occurrence combined
single limit for bodily injury liability and property
damage liability.
Owned vehicles.
Hired and non -owned vehicles.
3. UMBRELLA LIABILITY
In addition to the above limits, the Contractor shall
provide at least a $5,000,000 umbrella or excess
liability insurance policy.
C. PROOF OF INSURANCE
The Contractor shall furnish the Public Works Director, prior
to the start of any operations under this contract,
satisfactory proof of carriage of the insurance required with
an insurance company satisfactory and acceptable with the
City. No policy is acceptable to the City which can be
canceled by the insurer in less than ten (10) days after the
insured has received written notice of such cancellation
provision of the policy. Contractor will provide a copy of
the Insurance Endorsement regarding cancellation notification
listing the City as a party to be notified.
All insurance policies shall name the City of Atlantic Beach
as additional insured on the policies.
Should the Contractor fail to provide such insurance, the
City may secure the same, the cost of which shall be
reimbursed to the City by the Contractor or monies will be
withheld from the monthly invoice to be paid to the
Contractor.
SECTION 13 - CITY HELD HARMLESS FROM
INJURIES, DAMAGES AND CERTAIN OTHER ACTS OF
THE CONTRACTOR
The Contractor and his surety hereby expressly bind themselves to
indemnify and save the City harmless from all suits or actions of
every name and description brought against said City for or on
account of any injuries or damages received or sustained by any
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party or parties from the acts, omissions or negligence of, said
Contractor, or his servants or agents, including subcontractors
engaged in doing the work herein contracted for, or by, or in
consequence of any negligence in guarding against same, or in any
improper materials or equipment used in its performance, or by or
on account of any act or omission of the said Contractor, or on
account of any claims or amounts recovered for infringement of
patent, trademark, or copyright, or from any claims or amounts
arising or recovered under the Worker's Compensation Laws. In case
there is any money due to the Contractor, so much of the money due
the said Contractor as the Public Works Director shall deem
necessary to protect the City, may be retained by the City until
such suit, or suits, action or actions, claim or claims, injuries,
damages as aforesaid, shall have been settled and suitable
evidence to that effect has been furnished the Public Works
Director.
SECTION 14 - ADMINISTRATIVE CHARGES / LIQUIDATED
DAMAGES
1. Should the Contractor fail to perform in accordance with the
provisions of this contract and /or refuse to pay administrative
charges /liquidated damages upon receipt of invoice from the
City, the City shall, in addition to the amounts provided in
other provisions of this contract, be entitled to claim against
the performance bond of the Contractor as provided in Section
7 -E, or deduct from the next regularly scheduled payment to
Contractor, the following amounts, not as a penalty, but as
administrative charges /liquidated damages for such breach of
contract:
a) Failure to collect missed customers by 7:00 P.M. the same day
when given notice before noon, or by 12:00 noon the following day
when given notice between 12:00 noon and 5:00 P.M.
100 per incident, a maximum of $300
Per truck per day
b) Legitimate complaints over twenty (20) in a single month.
100 per incident
including the first twenty (20)
c) Collection of commercial, residential solid waste and /or
recyclables before 7:00 A.M. or after 7:00 P.M. Exceptions stated
in Section 2, "C. Recycling #4 ", page 18.
100 per incident
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d) Failure to clean spillage caused from residential or
commercial route vehicles leaking from collected garbage. See
Section 8, EQUIPMENT, D. Operation, page 35.
150 per incident
e) Failure to replace damaged Cart within five (5) days; twenty -
four hours for residential.
100 per incident
f) Failure to handle waste receptacles carefully, thoroughly
empty and return Carts or garbage receptacles to original location
as per agreement.
250 per incident
g) Failure to repair damage to customer's property within seven
7) days.
200 per incident
h) Failure to provide clean, safe and sanitary equipment at
beginning of each work schedule.
500 per incident
i) Failure to maintain office hours as required.
200 per incident
j) Equipment operator not properly licensed.
500 per incident
k) Failure to provide documents and reports in a timely and
accurate manner as per agreement.
100 per incident
1) Failure to cover materials, if appropriate, on all collection
vehicles.
100 per incident
m) Name and phone number not displayed on all equipment (Carts
excluded, Name on number on dumpsters and trucks).
100 per incident
n) Failure to comply with employee roster, proper uniforms and
employee identification and safety equipment as per agreement.
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150 per incident
o) Not providing current schedule and route maps annually.
200 per incident
p) Using improper equipment to service commercial or residential
customers.
50 per incident
q) Failure to submit an audited financial statement by the
prescribed date.
100 per incident
r) Failure to respond to complaints and customer calls in a
timely and appropriate manner as per the "customer service policy"
provided to the City from the Contractor.
200 per incident
s) Failure to complete a route on the regular pick -up day.
250 per day for each route not completed
t) Failure to provide proper notification prior to residential
route changes.
250 for route day not completed
u) Causing skid marks, spillage marks on roadways, private
driveways or any thoroughfare within the service area.
150 per incident
v) Failure to follow established reporting operation or
administrative procedures.
150 per incident
w) Failure to provide promotional and educational material and
activities, advertisements and civic awareness programs as per the
agreement.
1,000 per year
x) Failure to maintain signs stating "Serving the City of
Atlantic Beach" on all collection and work vehicles while
servicing the City.
250 per incident
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y) Failure to comply with the current schedules and routing maps.
250 per incident
z) Failure to provide monthly tonnage and recycling data reports.
250 per incident
aa) Failure to close gates on dumpster enclosures as well as
container and Cart lids and locking all locks on commercial
customer locations.
250 per incident
bb) Causing hydraulic spills or leaks as well as any other fluids
having potential to damage or stain asphalt, concrete or other
roadway surfaces.
500 per incident
cc) Contractor's failure to provide the quantity of approved
roster equipment within the City during the required collection
days.
500 per incident
dd) Failure to report accidents, damage, spillage to the City
immediately and provide a copy of a written report in the same day
to the City.
250 per incident
ee) Loaded vehicles left standing on street unnecessarily.
150 per incident
ff) Failure to drive in proper direction (includes driving on
wrong side of two -way street).
100 per incident
gg) Failure to deliver Class III materials to an authorized Class
III landfill.
250 per incident
hh) Co- mingling solid waste with vegetative waste, recyclable
materials, C & D materials or other waste material.
250 per incident
ii) Failure to report recycling activity quarterly in the
format determined by the Contractor, for the purpose of
tracking and verifying City wide recycling activity.
100 per incident
jj) Failure to maintain equipment in accordance with standards of
Section 8.
1,000.00 per week
kk) Failure to have a Supervisor within the city as required
during the days the contract work is being performed per
section 7 B.
500.00 per Incident.
2. Each complaint shall be considered legitimate, unless
satisfactory evidence to the contrary is furnished to the
Director by the Contractor. The decision of the Director
shall be final.
3. This provision shall not limit other claims of the City arising
against the Contractor under the terms of this Agreement.
SECTION 15 - CITY ORDINANCES
Nothing contained in any ordinance of the City now in effect,
hereafter adopted, pertaining to the collection of garbage and
trash shall in any way be construed to affect, change or modify or
otherwise alter the duties, responsibilities and operation of the
Contractor in the performance of the terms of this contract. It is
the intention hereof that the Contractor be required to perform
strictly the terms of this contract, regardless of the effect or
interpretation of any municipal ordinances which in any way relate
to garbage and trash.
SECTION 16 - AMENDMENTS
The City shall have the right to amend this contract from time to
time as necessary to comply with federal, state and local laws and
regulations, as amended from time to time. Such amendments shall
take effect within thirty (30) days of the Contractor's receipt of
the written amendment. Amendments that are consistent with the
purposes of this contract may be made with the mutual consent, in
writing, of the parties and approved by the Atlantic Beach City
Commission in accordance with the City Charter and other
applicable laws and ordinances.
SECTION 17 - CART AND RESIDENTIAL RECYCLING
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CARTS OWNERSHIP
1. CART CONTAINER SERVICE: The Contractor agrees to furnish and
deliver to each single or multiple dwelling and commercial unit
served, one Cart ready for use, excluding those using mechanical
containers approved by the Public Works Director or his designee.
Each Cart shall display the City Logo. The Contractor shall
maintain the Carts in good working condition and the Contractor
shall be the sole owner of the Carts and Residential Recycling
Carts. It is the Contractor's responsibility to replace or repair
damaged or otherwise unserviceable Carts at his expense,
regardless of the cause of damage or loss. The Contractor shall
not remove a Cart for repair unless one is left in its place.
2. ADDITIONAL Cart and Residential Recycling CONTAINERS:
Additional Carts and /or Residential Recycling Containers, in
excess of one per commercial customer, may be rented to the user
and billed to the City by the Contractor, upon City approval, at a
charge not to exceed $11.90 per month (current rate is $7 /month,
increases should follow same procedure as 2.F. or G.) .
3. CODED Carts: The Contractor shall provide a serial number,
permanently marked on each Cart, and furnish a list to the City of
Cart numbers by address, updated at least monthly. All Carts shall
be coded by the manufacturer along with serial number to reflect
the quarter and year in which the Cart was delivered. Example- -
1 -2014, 2 -2015, or 1 -2016, 2 -2017. No Contractor's corporate logo
or telephone number will be permitted to be displayed on Carts
provided under this contract.
4. USE OF Carts and Residential Recycling Carts: The City agrees
to require the Carts and Residential Recycling Carts to be used
for garbage and recyclables, where appropriate, by all residences
and by all businesses not using mechanical or commercial
containers, except where approved in writing by the Public Works
Director or his designee.
5. PURCHASE OF Carts and Residential Recycling Carts: At the
termination of this contract, the Contractor agrees to sell to the
City all original Carts and Residential Recycling Carts that are
in good working condition and appearance used for the performance
of this contract for One Dollar ($1.00) each, except as amplified
below.
All new Carts and Residential Recycling Carts, placed in service
by the Contractor after the effective date of this agreement,
which are in good working condition and appearance and actually in
use, will be sold for Ninety Dollars ($90.00) each, less Three
Dollars and Twenty One Cents ($3.21) per each quarter the Cart or
Residential Recycling Carts has been in service.
The Contractor shall provide to the City invoices for all Carts
and Residential Recycling Carts purchased during the term of this
contract indicating the amount and date purchased. The Contractor
shall also supply a report of the amount of Carts and Residential
Recycling Carts removed from service in the City in a form
acceptable to the Public Works Director or his designee.
SECTION 18 - NOTICES
Notices for purposes of the Contractor as called for under this
agreement should be forwarded to District Manager, Advanced
Disposal Services Jacksonville, LLC, 7580 Phillips Highway,
Jacksonville, FL. 32256.
Notices to the City should be forwarded to:
Public Works Director
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, Florida 32233
SECTION 19 ASSIGNMENT AND CHANGE OF
CONTROL
A. Assignment, Changes in Ownership and Subletting of Contract
1) Neither this Contract, nor any portion thereof, shall be
assigned except with the prior written consent of the City
Commission, which may be withheld for any reason. No such
consent will be construed as making the City a party of or to
such transfer or assignment, or subjecting the City to
liability of any kind to any subcontractor. Assignment,
changes of ownership or subletting of contract shall be a
direct or indirect, by gift, assignment, voluntary sale,
merger, consolidation or otherwise, of twenty five percent
250) or more at one time of the ownership or controlling
interest of Contractor, or fifty percent (500) cumulatively
over the term of the Agreement of such interest to a
corporation, partnership, trust, or association, or person or
group of persons acting in concert or a change in control.
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Transfer shall include any transfer or assignment to a person
controlling, controlled by, or under the same common control
as the Contractor at the effective date of this agreement.
Moreover, transfer shall not mean a public offering issuance
which either changes the Contractor status from a privately
held corporation to that of a publicly held corporation or
which is intended to provide additional capitalization for
the Contractor, provided the public offering does not result
in a change in Contractor's management personnel. Within the
term of this contract and any subsequent renewals if an
assignment or transfer of this contract is granted by the
City, the Contractor will pay the City an assignment /transfer
fee for the first assignment/ transfer in the amount of
twenty five thousand dollars ($25,000.00) for a second and
all subsequent assignment/ transfers the Contractor will pay
the City fifty thousand dollars ($50,000.00) upon such
consent for said assignment or transfer.
2) The foregoing notwithstanding, in the event of any
strike, lockout, labor trouble or dispute involving the
Contractor under this Contract shall continue, the City
agrees to fully cooperate with the Contractor in any
temporary assignment or subcontract as may be necessary to
continue to provide the services required by this Contract.
Under this provision there will be no transfer fee as stated
in sub - paragraph (1) above, but in no event will the transfer
under this provision exceed ninety (90) days.
3) Any transfer of more than twenty -five percent 250 of the
ownership of the Contractor shall be deemed to be a transfer
of this Contract.
4) No assignment or subcontract shall, under any
circumstances, relieve the Contractor of the liabilities and
obligations under this Contract, and despite any such
assignment, the City shall deal through the Contractor.
Subcontractors shall be dealt with as employees and
representatives of the Contractor and, as such will be
subject to the same requirements as to character and
competence as are other employees of the Contractor.
SECTION 20 - SEVARABILITY
If any article or section of this agreement, or any supplements or
riders thereto, should be held invalid by operation of law or by
any tribunal of competent jurisdiction, or if compliance with or
enforcement of any article or section should be restrained by such
s
tribunal pending a final determination as to its validity, the
remainder of this agreement and of any supplements or riders
thereto or the application of such article or section to persons
or circumstances other than those to which it has been held
invalid or as to which compliance with or enforcement of has been
restrained, shall not be affected thereby.
SECTION 21 - GOVERNING LAW
The laws of the State of Florida shall govern this contract and
the venue for any litigation arising out of the contract shall be
in the appropriate state court in Duval County, Florida.
SECTION 22 - ATTORNEY FEES
In the event of any dispute arising out of or interpreting the
terms and conditions of this contract, the prevailing party shall
be entitled to recover reasonable attorney's fees and costs,
including appellate attorney's fees and costs, and regardless of
whether or not litigation is filed.
LUG
IN WITNESS WHEREOF, the City of Atlantic Beach and Contractor have
caused this contract to be executed the day and year hereinafter.
THE CITY OF ATLANTIC BEACH ADVANCED DISPOSAL SERVICES
JACKSONVILLE, LLC
Mayor
City Manager
Title:
Date: Date: