§ 82-58. Minimum requirements for service providers.

All residential service providers, commercial service providers, and C&D waste service providers and their subcontractors shall, at all times:

(1)

Satisfy all requirements and qualifications imposed by the county and this article.

(2)

Provide a notarized statement certifying that all drivers have a current commercial driver's license (CDL) and all trucks are registered with the state department of transportation.

(3)

At a minimum, apply risk management practices acceptable in the applicable service providers' industry.

(4)

Have a current solid waste handling permit from the director of the environmental protection division of the state department of natural resources or any successor agency authorized to issue permits pursuant to O.C.G.A. § 12-8-24.

(5)

Each residential service provider shall furnish to the county a performance bond or irrevocable, direct pay letter of credit to be approved by the county conditioned upon the true and faithful performance of the service agreement in an amount satisfactory to the county. Upon the residential service provider's successful completion of the service agreement to the satisfaction of the county, the county will release the performance bond. In the event of an uncured default by the residential service provider, the county may procure services from other sources and shall hold the residential service provider responsible for any costs to the county to procure the services of a new residential service provider and for the costs to the county for providing the services in the interim period between the default and the procurement of a new residential service provider. The county shall draw on the residential service provider's performance bond or letter of credit as necessary for such new residential service provider and services.

(6)

Offer recovered materials and recycling services to their customers.

(7)

Maintain during the term of any service agreement with the county to provide residential municipal solid waste collection services, commercial solid waste collection and disposal, or C&D waste collection disposal services (each such person or entity providing such services shall be referred to below as "service provider"), at its own expense, appropriate and adequate insurance policies generally as follows:

a.

Statutory workers' compensation insurance.

1.

Employer's liability for bodily injury by accident: $500,000.00 each accident;

2.

Employer's liability for bodily injury by disease: $500,000.00 policy limit $500,000.00 each employee.

b.

Commercial general liability insurance.

1.

$1,000,000.00 limit of liability per occurrence for bodily injury and property damage;

2.

$1,000,000.00 limit of liability per occurrence for personal injury;

3.

Commercial general liability written on an occurrence form, which includes contractual liability, broad form property damage, incidental medical malpractice, severability of interest, and extended bodily injury; and

4.

Additional insured endorsement which includes ongoing operations and completed operations.

c.

Auto liability insurance.

1.

$1,000,000.00 limit of liability per occurrence for bodily injury and property damage;

2.

Comprehensive form covering all owned, non-owned, leased, hired, and borrowed collection vehicles; and

3.

Coverage for cleanup of pollutants due to an accident, including pollution liability broadened form endorsement.

If the auto policy does not include the endorsement form specified in subsection (7)c.3 of this section, a separate service providers pollution liability policy endorsed with the transportation pollution liability form with a minimum limit of $1,000,000.00 must be provided.

d.

Excess liability insurance—Minimum $5,000,000.00 limit of liability.

1.

The excess liability coverage must be an occurrence form policy including coverage for all required endorsements and no additional exclusions;

2.

The excess liability policy must extend over the general liability, automobile liability, and employers' liability policy forms; and

3.

The excess liability policy must have concurrent effective dates with the primary coverage parts.

e.

The county board of commissioners shall be shown as an additional insured on general liability, auto liability, and excess liability policies.

f.

The cancellation provision must provide 90 days' notice of cancellation.

g.

The certificate holders and additional insured must be added as specified above, and must read as follows:

Gwinnett County

Board of Commissioners

75 Langley Drive

Lawrenceville, GA 30046-6935

h.

Insurance companies must have an A.M. Best Rating of A-6 or higher. Certain workers' compensation funds may be acceptable by the approval of the county. European markets, including those based in London and domestic surplus line markets that operate on a non-admitted basis, are exempt from the requirement provided that the service provider's broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best Rating of A-6 or better.

i.

The state department of insurance must license the insurance company to do business, unless an exception is authorized by the county.

j.

Certificates of insurance, and any subsequent renewals, must reference municipal solid waste collection and disposal services.

k.

The service provider shall agree to provide summaries of current insurance policies if requested to verify compliance with these insurance requirements.

l.

The service provider shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every subcontractor in any tier, and shall require each and every subcontractor of any tier to comply with all such requirements. The service provider agrees that if for any reason its subcontractor fails to procure and maintain insurance as required, all such required insurance shall be procured and maintained by the service provider at the service provider's expense.

m.

No service provider or subcontractor shall commence any work of any kind under this contract until all insurance requirements contained in this contract have been complied with and until evidence of such compliance satisfactory to the county as to form and content has been filed with the county. The accord certificate of insurance or a pre-approved substitute is the required form in all cases where reference is made to a certificate of insurance or an approved substitute.

n.

Compliance by the service provider and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the service provider and all subcontractors of their liability provisions of the contract.

o.

The service provider and all subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, and any other laws that may apply to this contract.

p.

The service provider shall at a minimum apply risk management practices accepted by the service provider's industry.

q.

The service provider shall agree to waive all rights of subrogation against the county, the county board of commissioners, and their officers, officials, employees, and volunteers from losses arising from work performed by the service provider.

(Ord. No. SWO2012-002, § VII, 8-7-2012)