HomeMy WebLinkAboutHazardous and Non Hazardous Waste Removel Proper Disposal Services
Augusta Richmond GA
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DOCUMENT NAME: '~'l.co\cd\cx-~ 0--'
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DOCUMENT TYPE: ~<ffY' e..-"\.f.
YEAR: 0'2
BOX NUMBER: It
FILE NUMBER: L (s;52 3
NUMBER OF PAGES: 27
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Public Works and EngineerIng Depar'tmeGt
Teresa C. Smith, P.E., Director
Environmental En!!. Section
Dr. Hameed Malik, P.E.
Environmental Engineer
Room 701,530 Greene Street
Augusta, Georgia 30911
(706) 821-1706 FAX (706) 821-1708
December 9,2002
Steve M. Bragg
Action Environmental Group, Inc.
290 Hilderbrand Drive, Suite B-8
Atlanta, GA 30328
Subject:
Hazardous and Nonhazardous Waste Removal and
Proper Disposal Services at
328 Riverfront Drive Traffic Engineering Facility
File Ref: 02-0085(0) 1
Dear Mr. Bragg:
Enclosed herewith is the executed Contract for Hazardous and Nonhazardous Waste
Removal & Proper Disposal Services Project for your records.
Please consider this as your "Notice to Proceed" with the Scope of Work Services in
accordance with the enclosed contract.
Sincerely,
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Hameed U. Malik, Ph. D., r.E.
Environmental Engineer
Enclosure
xc: Lena J. Bonner, Clerk of Commission
Teresa C, Smith. Director of Public Works & Engineering (w/o enclosure)
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SOLIDW ASTE DISPOSAL SERVICES AGREEMENT
-;
BETWEEN
AUGUSTA GEORGIA
PUBLIC WORKS and ENGINEERING DEPARTMENT
AND
ENVLRONMENTALCONTRACTOR
FOR
HAZARDOUS AND NONHAZARDOUS WASTE
REMOVAL AND PROPER DISPOSAL SERVICES
'4-
-....
.
TABLE OF CONTENTS
PAGE
CONTRACT......... ....... ............................... ........ ........... ..................... .......................... ................. 3
SI GN A TURE P AGE .......... ............. .............................................................................................. 4
SCOPE OF SER CVI CES ....................................... ............................. ............ ............................. 5
FIRM Q U ALIFI CA TI 0 NS.......................................................................................................... 6
CONTRA CT CO ND ITI 0 NS ....................................................................................................... 8
CONTRA CTO R FEE PRO POSAL .......................................................................................... 21
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..
Augusta TE Waste Disposal Project
TOC
Page - 2
CONTRACT
This CONTRACT, made this ~tJ-- day of Lf iJl}e/Jf iJt--z, , 2002, by and between
Augusta, Georgia, hereinafter called "Owner" and Action Environmental Group . Inc..
hereinafter called Contractor.
W1TNESS: That for and in consideration of the payments and agreements hereafter
mentioned:
1. The Contractor will commence and complete consolidation, removal,
properly disposal of the accwnulated Hazardous and Non-hazardous waste and cleaning up
the waste storage area.
2. The Contractor will furnish all of the material, supplies, tools, equipment,
labor and other services necessary for the site and off site work and completion of the project
described herein.
3. The Contractor will commence work required by the Contract Docwnents
on or before a date specified in the written Notice to Proceed and will complete the same
within 45 calendar days unless the period for completion is extended otherwise by the
Contract Documents or Owner.
4. The Contractor agrees to perform all of the Work described in the Contract
Docwnents and comply with the terms therein for a Lump Sum Fee of$18.055.55 (Eighteen
thousand fifty five dollars and 55 cents).
5. The term "Contract Documents" means and includes the following:
(A) Scope of Work
(B) Contract
(C) Contract Conditions
(D) Contractor Fee Proposal
6. The Owner will pay to the Contractor in the manner and at such times as
set forth in the Contract Conditions such amounts as required by the Contract Documents.
7. This Contract shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by
their duly authorized officials, this Contract in five (5) copies each of which shall be deemed
an original on the date first above written.
Augusta TE Waste Disposal Project
Contract
Page - 3
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OWNER:
~BY:
~ Name: Bob Young
(Please Print or Type)
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Name ~ .:r /;lJffl(a!J
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Title (L.d.t:..-
Title: Mavor. Augusta, Georgia
(SEAL)
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Name~.tt~ /L Sbll~~
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CONTRACTOR:
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By:
Name: S7JpJ;p-A/ AI \ 02A hi.
(Please Print or Type)
Title: P?l?eJ,~
Address: ~9!J H/~AAJ1 DR1fB-g
f/7<<lurA J ~A 3lY32l
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(SEAL)
Note: Attest for a Corporation must be by the corporate secretary; for a partnership by
another partner; for an individual by a Notary.
Augusta TE Waste Disposal Project
Contact
Page - 4
SCOPE OF WORK
Augusta Traffic Engineering Section uses paints, solvents and other material to carry out its
road and curb marking normal operation. This operation generates waste that shall be
disposed of at an authorized facility. Requested services under this contract include
evaluation and proper disposal of around two hundreds used 55-gallon paint drums, two 55-
gallon solvent drums, and other material that might be present in a waste storage area. Tasks
include:
· Accumulated Waste Inventory Preparation and Waste Characterization;
· Waste Transportation and Disposal at an Authorized and a Permitted Facility; and
· Cleanup the Waste Storage Area after Waste is Removed.
The Contractor shall properly identify each waste stream, which might require sampling and
testing. The Contractor shall also include a description of how and where the waste will be
disposed of. The Contractor is to be responsible for proper packaging, labeling, and
transportation from accumulation site to ultimate disposal. The Contractor is to ensure the
waste goes to a properly permitted site and that manifests and any other required
documentation are provided to the Owner. The Contractor is to ensure all hazardous waste
is disposed of properly to avoid the possibility of a fine or penalty being assessed by the State
or EP A. The Contractor shall be held responsible for any fines/penalties assessed due to
state or federal laws being violated by the Contractor.
All documentation and reporting requirements for hazardous and regulated waste disposal
is to be accomplished by the Contractor, with copies provide to the Owner. The Contractor
shall be held responsible for the waste from the accumulation point until its ultimate
disposal, including its proper handling, identification, transportation, packaging, labeling and
paperwork required.
Augusta TE Waste Disposal Project
Scope of Services
Page - 5
FIRM QUALIFICATIONS
Bidder shall submit qualifications of either the firm or key employees of the firm.
Experience data must cover the Bidder's qualifications in all areas covered by the Scope Of
Work. Bidders must provide this documentation for any proposed subcontractor that will
sample or remove hazardous waste.
Bidders will provide, upon Owner request, evidence of expertise in general pollution
prevention principles, as well as a description of how such principles can/will be applied
during contract execution.
Bidder shall provide logistical procedures for performing on a contract or delivery order.
Procedures performed by subcontractors shall also be addressed. Procedures shall be in
sufficient detail to demonstrate the Bidder's understanding of the scope of the work effort
required and the degree of difficulty involved. Bidder procedures must address the following
elements:
· Timeframe considerations
· Material handling and safety equipment
. Waste profiling
· Waste segregation.
1. Bidder must address the logistical procedures for drum removal, sampling, handling,
loading, inspection, overpack use, labeling, marking, waste segregation, waste
profiling and manifest preparation.
2. Bidder must describe the following procedures:
a. Coordination between prime and subcontractors.
b. Waste profiling approvals.
c. Waste segregation procedures.
d. Documentation Submittal.
Treatment, Storage or Disposal Facilities (TSDFs) or transporters proposed in this contract
may be determined to be deficient if any of the following conditions apply:
1. At any time during the period of this contract, the Owner disapproves a proposed
TSDF or a previously approved TSDF included in this contract if:
a. The TSDF is currently closed.
b. The TSDF is identified as a significant noncomplier (exhibiting RCRA Class
I violations or fines for groundwater monitoring, closure, post-closure, or
financial responsibility), and has not entered into a compliance schedule or
similar action.
c. The TSDF has been cited via an administrative order or judicial action, and
the TSDF has not entered into a compliance schedule or similar action within
180 days from the time the order or judicial action was issued.
Augusta TE Waste Disposal Project
Firm Qualifications
Page - 6
d. The TSDF has exhibited a history of noncompliance (including, but not
limited to RCRA class I and II violations, OSHA violations, state and local
violations, and DOT violations) and exhibited a lack of good faith in
correcting the violations. A "good faith" effort would be exhibited through
promptly signing a consent agreement with the regulatory authorities, and
performing in compliance with the agreement for at least six months.
Repeated violations or fines may be considered as a lack of "good faith".
e. The TSDF has been identified as having groundwater contamination or is not
acceptable under the state's groundwater anti-degradation policy.
f. The TSDF is not permitted to and/or not capable of handling the waste
proposed.
g. The TSDF received a negative recommendation as a result of a Owner
inspection visit during the preceding 12 months without substantive evidence
of corrected deficiencies.
h. The TSDF stores/treats the waste, then ships out the regulated or hazardous
waste to another TSDF.
2. At any time during the period of this contract, the Owner may disapprove a proposed
transporter or a previously approved transporter included in this contract. if any of
the following apply:
a. The transporter does not have the appropriate federal/state/local permits to
transport hazardous waste.
b. Transporter has not provided documentation of at least a "satisfactory" rating
from Department of Transportation (DOT) Office of Motor Carrier Safety
(OMS). .
c. The transporter has exhibited a history of noncompliance or fines/penalties
(including RCRA, DOT, OSHA and state and local regulations governing
hazardous or toxic materials hauling and motor carrier safety.)
d. The transporter has been cited via administrative order or judicial action and
has not entered into a compliance schedule or similar action within 180 days
from the time the order or judicial action was issued.
Augusta TE Waste Disposal Project
Firm Qualifications
Page - 7
CONTRACT CONDITIONS
I. The Contractor, as an independent contractor and not an agent of the Owner, shall supply
the necessary personnel, material and all other things necessary for or incident to the
performance of the assigned work.
2. All work performed by the Contractor shall comply with all applicable federal, state and
local laws and regulations, including, but not limited to, those promulgated under the
Resource Conservation and Recovery Act, the Toxic Substances Control Act, the
Occupational Safety and Health Act, the Hazardous Materials Transportation Act, and
applicable Department of Transportation regulations.
3. The Owner affirms that all waste placed for disposal under this contract shall be
accompanied by documentation and markings to properly identify the waste if available.
The Contractor will provide for any additional testing and/or analysis required for
characterization, transportation, treatment, recycling, or disposal of the hazardous or
regulated waste.
4. The Contractor shall comply with, and ensure that all applicable subcontractors comply
\\~th, all requirements of United States Department of Transportation (DOT) regulations
regarding waste transportation under this contract. Complete compliance with these
regulations shall include, but not be limited to, ensuring that emergency response
information is carried on transport vehicles and maintained at facilities where hazardous
materials are received, stored, or handled during transportation. Shipping papers will
contain an emergency response telephone number supplied by the disposal Contractor
which is monitored 24 hours a day in order to provide immediate, detailed emergency
information to personnel reacting to emergencies. Technical names will be included in
the descriptions of materials reflected on shipping papers by "not otherwise specified"
(n.o.s.) descriptions. Definitions of the terms used in this clause are those used in 49 CFR
100-199. Contractors must ensure that off-site shipments of hazardous waste are labeled,
marked, and placarded according to the u.s. DOT requirements. Contractor remains
responsible for proper management of waste even after it leaves Owner property. This
includes responsibility for any spill while in transit - see below Condition 6.
5. The Contractor shall provide the Owner information indicating each transporter that may
be used to transport hazardous or regulated material under this contract. Each transporter
must be properly licensed, trained, permitted and be in good standing with the regulatory
community. The Contractor agrees that no transporters other than those names submitted
to the Owner will be used without prior written approval from the Owner.
6. The Contractor is solely responsible for any and all spills or leaks and subsequent clean
ups that may be required during the performance of this contract which occur as a result
of or are contributed to by the actions of its agents, employees, or subcontractors. The
Contractor agrees to clean up such spills or leaks to the satisfaction of the Owner and in
Augusta TE Waste Disposal Project
Contract Conditions
Page - 8
a manner that complies with applicable Federal, state, and local laws and regulations.
The clean up shall be at no cost to the Owner.
The Contractor shall report all such spills or leaks, regardless of their quantity, to the
Owner immediately upon discovery. A written follow-up report shall be submitted to the
Owner no later than 24 hours after the initial telephonic report. The written report shall
be in narrative form and as a minimum include the following:
1. Description of the item spilled (including identity, quantity, manifest no., etc).
2. Whether amount spilled is EP A/state reportable, and if so whether it was reported,
and to whom.
3. Exact time and location of spill including a description of the area involved.
4. Containment procedures initiated.
5. Summary of any communications Contractor has with press, state officials, or Postal
Service officials.
6. Description of clean-up procedures employed or to be employed at the site including
fmal disposition and disposal location of spill residue.
7. The Contractor must perform all operations in a prudent, conscientious, safe and
professional manner. At a minimum, Contractor's personnel and equipment shall comply
with applicable federal, state, and local laws, safety regulations and procedures, and
Contractor will ensure that its agents, employees, and subcontractors perform in a safe
manner. The Contractor shall ensure that all personnel involved in handling and
packaging the hazardous waste be trained for the level of expertise required for the
proper performance of the task and, in particular, in the areas of chemical
incompatibility, general first aid procedures and spills. Handling and personnel
protective equipment shall be provided by the Contractor and must be appropriate to
ensure safe handling of the hazardous waste. The Contractor agrees that his personnel
and equipment are subject to safety inspections by Owner representative and state
authorities while on Owner property.
8. The Contractor shall, without additional expense to the Owner, be responsible for
obtaining any necessary licenses and permits, and for complying with any applicable
federal, state and local laws, codes, and regulations in connection with the execution of
the work. This includes ensuring Augusta, Georgia hazardous or regulated or
nonhazardous wastes are sent to licensed, permitted, and approved disposal sites.
9. Mere acceptance of the hazardous waste at a properly permitted TSDF does not meet the
definition of fmal treatment nor final disposal under this contract. It is the Contractor's
responsibility to obtain all necessary documentation to prove that the fmal treatment or
final disposal of all items has been accomplished. This documentation shall be attached
to the certificate of disposal and submitted with, or prior to, the invoices.
10. The Contractor shall identify each TSDF which may perform treatment, storage or
disposal services under this contract. Each facility must have, as a minimum, EP A RCRA
interim status or state approval as a treatment or disposal facility and be in good standing
with the regulatory community. The Contractor agrees that no facility other than those
Augusta TE Waste Disposal Project
Contract Conditions
Page. 9
initially approved for use under this contract will be used, without first obtaining the
written approval of the Owner. The appropriate permit/license number, name and
address of the permitting/licensing agency shall be provided.
The TSDFs approved for use under this contract are only approved subject to all services
being performed in accordance with all federal, state and local laws and regulations and
the TSDF's permit. The Contractor must have the capability to meet the removal and
disposal timeframes required by the contract for all waste streams identified in this
contract.
11. A uniform hazardous waste manifest is required for the removal of all hazardous or
regulated waste identified in this contract. The Contractor shall obtain and review all
manifests for completeness and accuracy prior to removal of any wastes. The Contractor
shall provide the Owner with a copy of the manifest(s), land disposal restriction
notification(s), and any other shipping documents for review at least 24 hours prior to
removal, whenever possible. Completed copies of all manifests shall be furnished to the
Owner, as well as submitted as attachments to all invoices. Manifests shall be submitted
in such a manner as to comply with the timeliness prescribed by the state and EP A
regulations.
The Contractor is required to provide the Owner with two (2) copies of any manifest
which documents the movement of the waste after it has departed the Owner property
within 30 calendar days after acceptance at the accepting facility. For example, if waste
is shipped from the accumulation site to a facility for storage or treatment, which does
not meet the definition of final disposal, then a manifest detailing the acceptance of the
waste into the additional facility must be provided within the prescribed timeframe.
Each manifest, as well as other documentation required herein shall be clearly and
distinctly marked with the contract number or name as applicable. If blocks are not
provided, the contract and delivery order information shall be placed in the upper right
hand corner of each document.
All items collected on this contract must be segregated and kept physically separate from
any other items until the initial TSDF is reached. The items must be so marked, that they
are readily identified to this contract throughout this period. In addition, the Contractor
must ensure that there is a clear audit trail for all items until final treatment/disposal is
accomplished.
The Owner does not warrant that the drums or containers are suitable for transportation
in accordance with DOT regulations. The Contractor is cautioned to ascertain and assess
the need for overpacking or recontainerizing based on the site visit.
12. The Owner shall not furnish any equipment or personnel to assist the Contractor in the
performance of the contractor's responsibilities under the contract. The Contractor
understands that any such offers of assistance are unauthorized, and the Contractor shall
not accept any such offers.
Augusta TE Waste Disposal Project
Contract Conditions
Page - 10
13. The Contractor shall prepare all waste analysis sheets that may be required for disposal,
and provide a copy to the Owner.
If the Contractor must perform detailed analysis for disposal, copies of the results shall
be provided to the Owner. Any detailed analysis must comply with all federal, state, and
local requirements. Analysis must include determination if hazardous or regulated waste
is to be treated, recycled, or ultimately disposed of in a landfill and cost benefits of such
determination. Analyses will be provided to the Owner and method of ultimate disposal
will be whichever is most cost effective and agreed upon by the Contractor and Owner
representative.
14. Treatment of hazardous waste (including solidification) on Owner property is not
permitted. Treatment is defined as any process which meets the definition of treatment
as set forth in applicable federal, state and local laws and regulations.
15. The Contractor agrees that, for those portions of the services provided on Owner
property, the services will be provided during the normal hours of operations for the
facility where the waste is accumulated.
16. The Contractor is responsible for loading, including furnishing all the equipment
necessary for loading. Loading will not be performed on Saturdays, Sundays, or any day
that the facility where the waste is located is closed.
17. A pickup report shall be completed by the Contractor at the time of each pickup and shall
accompany each shipment. Completed copies are to be furnished to the Owner. All
waste picked up shall be listed on the appropriate forms approved by the Owner.
18. The Contractor shall prepare a Certificate of Disposal. This certificate is to be submitted
prior to the invoices. Any differences between the contract inventory and what was
actually picked up or disposed of must be thoroughly described and documented.
19. The Contractor shall prepare a Certificate of Recycling for any waste that is recycled.
This certificate is to be submitted prior to the invoices.
20. Prior to reuse or sale of empty containers, the Contractor shall comply with the cleaning
requirements of 40 CFR 261.7 and any other applicable regulations, and obliterate all
markings and labels.
The Contractor shall be exempt from this requirement only if the containers are crushed
and sent to a scrap operation, crushed and sent to a landfill, or the containers are
physically disposed of concurrently with their contents (i.e., incineration/landfill).
21. If it will be necessary to pump liquids, solids, and sludges from containers, Contractor
shall furnish a collection vehicle equipped with vacuum pumps and hoses. Each
pumping truck shall have at least 100 linear feet of hose. Pumps and hoses shall have the
Augusta TE Waste Disposal Project
Contract Conditions
Page - 11
capability to safely handle the types of wastes to be collected and be able to remove all
liquids, solids, and sludges from containers that can be removed without agitation or
introduction of other materials into the containers.
22. The Contractor shall package, mark, label and placard all items in such a manner that all
applicable federal, state, and local EP A and DOT regulations are met. Packaging,
shipping names, marking, labelling placarding, etc., under the terms of this contract will
be in accordance with 49 CFR and 40 CFR. If items must be packaged for proper
shipment, the Contractor shall perform such repackaging and furnish all required
materials. When repackaging is necessary, the Contractor shall be responsible for
disposal of the original container and placarding in a manner that complies with all
applicable federal, state, and local EP A and DOT regulations. The Contractor shall also
provide and affix appropriate placards to each vehicle prior to leaving Owner premises
and ensure that all other DOT transporter requirements are met.
If the Contractor elects to package compatible items in the same container, then the
Contractor must provide an all-inclusive packing list showing each item and its
respective quantity. This list shall be placed outside the outer most container. A copy of
the packing list must be attached to the manifest. Contractor furnished overpack
containers and materials will not be included in the total weight calculations.
23. Permits and licenses necessary for the prosecution of the work shall be secured and paid
for by the Contractor. The Contractor shall give all notices and comply with all laws,
ordinances, rules and regulations bearing on the conduct of the work as drawn and
specified.
24. The Contractor will be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the work. He will take all necessary
precautions for the safety of and will provide the necessary protection to prevent damage,
injury or loss to all employees on the work and other persons who may be affected
thereby, all the work and all materials or equipment to be incorporated therein, whether
in storage on or off the site or other property at the site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, roadways, structures and utilities.
The Contractor will comply with all applicable laws, ordinances, rules, regulations and
orders of any public body having jurisdiction. He will erect and maintain, as required by
the conditions and progress of the work, all necessary safeguards for safety and
protection. The Contractor will remedy all damage, injury or loss to any property caused,
directly or indirectly, in whole or in part, by the Contractor, and subcontractor or anyone
directly or indirectly employed by any of them or anyone for whose acts any of them are
liable.
The work under this Contract in every respect shall be at the risk of the Contractor,
except to damage or injury caused directly by the Owner's agents or employees.
Augusta TE Waste Disposal Project
Contract Conditions
Page - 12
In emergencies affecting the safety of persons or the work or property at the site or
adjacent thereto, the Contractor, without special instruction or authorization from the
Owner, shall act to prevent threatened damage, injury, or loss. He will give the Owner
prompt written notice of any significant changes in the work or deviations from the
contract documents caused thereby, and a change order shall thereupon be issued
covering the changes and deviations involved.
25. The Contractor shall protect from damage all property in the vicinity of the work or that
is in any way affected by the work, the removal or destruction of which is not called for
by the Contract Documents. This applies to public and private property, utility facilities,
trees, grass, shrubs, crops, signs, monuments, fences, pipe, underground structures,
public roadways, sidewalks, curb and gutters, driveways, and any other natural or
manmade terrain features. Whenever such property is damaged due to the Contractor's
performance of the work, the Contractor shall immediately restore it to condition equal
to or better than that existing before such damage or injury was done by the Contractor.
The Contractor shall make good all such damage or injury in an acceptable manner at his
own expense. In case of failure of the Contractor to restore such property or to make
good such damage or injury, the Owner may, upon forty-eight (48) hours notice, proceed
to repair, rebuild, or otherwise restore such property as may be deemed necessary, and
the cost thereof will be deducted from any moneys due or which may become due the
Contractor under the terms of these Contract Documents.
26. Reasonable care shall be taken during construction to avoid damage to vegetation.
Ornamental shrubbery and tree branches shall be tied back, where appropriate, to
minimize damage. Trees which receive damage to branches shall be trimmed of those
branches to improve the appearance of the tree. Tree trunks receiving damage from
equipment shall be treated with a tree dressing.
27. The Contractor shall not enter upon private property for any purpose without first
obtaining permission, and he shall be responsible for the preservation of all public and
private property. The Contractor shall at all times while the work is in progress use
extraordinary care to see that adjacent buildings are not endangered in any way by reason
of fire, water, or construction operations, and to this end shall take such steps as may be
necessary or directed to protect the property therefrom, and the same care shall be
exercised by all Contractor's and subcontractor's employees. The Contractor shall give
due notice to any controlling person, department, or public service company prior to
adjusting items to grade and shall be held strictly liable to the Owner if any such items
are disturbed, damaged, or covered up during the course of the work. The Contractor
shall not disturb, remove, or relocate any land monuments and property marks until an
authorized agent has witnessed or otherwise referenced their location.
28. Any temporary drains and drainage which may be required by the Contractor during the
construction period shall be furnished, installed, and maintained by him. No such drains
or drainage systems shall be installed or used without the prior approval of the Owner.
At the completion of the work, all such drains and drainage systems shall be removed and
the premises returned to a neat and clean condition.
Augusta TE Waste Disposal Project
Contract Conditions
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Fire hydrants on or adjacent to the work shall be kept accessible to the fire fighting
apparatus at all times, and no material or obstruction shall be placed within 10 feet of any
hydrant. Adjacent premises must be given access, as far as practicable, and obstruction
of sewer inlets, gutters, and ditches will not be permitted.
29. The Contractor shall erect and properly maintain at all times, as required by the
conditions and progress of the work, all necessary safeguards, including sufficient lights
and danger signals on or near the work; he shall erect suitable railings, barricades, covers,
or other protective devices about unfinished work, open trenches, holes, embankments,
or other hazards and obstructions where hazards to workmen or the public exist. The
Contractor shall provide at all times all necessary watchmen on the project for the safety
of employees, delivery personnel, and the general public and to diligently guard and
protect all work and materials, including Owner-furnished equipment. Construction
equipment shall be suitably nightmarked and lighted as necessary for safety
considerations. No separate payment will be made for providing lights on vehicles and
equipment, signs, barricades, lights, flags, watchmen, and other protective devices, and
the costs thereof shall be included in the contract price(s).
30. The Contractor shall comply with all applicable provisions of the "Manual of Accident
Prevention in Construction" issued by the Associated General Contractors of America,
Inc., and shall maintain an accurate record of all cases of death and all cases of
occupational disease and injury requiring medical attention or causing loss of time from
work, arising out of and in the course of employment on the work under these Contract
Documents.
31. The Contractor shall conduct his operations in a manner that will offer the least possible
obstruction and inconvenience to the public, and he shall not have under construction an
amount of work greater than he can prosecute properly with due regard to the rights of
the public. Construction operations shall be conducted in a manner that will cause as
little inconvenience as possible to abutting property owners. Convenient access to
driveways, houses, buildings, or other facilities in the vicinity of the work shall be
maintained and temporary access facilities for public roadways shall be provided and
maintained in satisfactory condition.
32. The Contractor shall carefully preserve all monuments, bench marks, property markers,
reference points, and stakes. In case of his. destruction thereof, the Contractor will be
charged with the expense of replacement and shall be responsible for any mistake or loss
of time that may. be caused. Permanent monuments or bench marks which must be
removed or disturbed shall be protected until properly referenced for relocation. The
Contractor shall furnish materials and assistance for the proper replacement of such
monuments.or bench marks.
33. Whenever, in the opinion of the Owner, the Contractor has not taken sufficient
precaution for the safety of the public or the protection of the work to be constructed
under these Contract Documents or of adjacent structures or property, and whenever, in
Augusta TE Waste Disposal Project
Contract Conditions
Page - 14
the opinion of the Owner, an emergency has arisen and immediate action is considered
necessary, then the Owner, with or without notice to the Contractor, may provide suitable
protection by causing work to be done and material to be furnished and placed. The cost
of such work and material shall be borne by the Contractor, and if the same is not paid
on presentation of the bills thereof, such costs may be deducted from any amounts due
or to become due the Contractor. The performance of such emergency work shall not
relieve the Contractor of responsibility for any damage which may occur.
34. The Contractor will supervise and direct the work. He will be solely responsible for the
means, methods, techniques, sequences and procedures. The Contractor will employ and
maintain on the work a qualified supervisor or superintendent who shall have been
designated in writing by the Contractor as the Contractor's representative. The supervisor
shall have full authority to act on the behalf of the Contractor and all communications
given to the supervisor shall be as binding as if given to the Contractor. The supervisor
shall be present on the site at all times as required to perform adequate supervision and
coordination of the work.
The Contractor shall supervise and direct the work efficiently using the best skill and
attention and shall be solely responsible for the means, methods, techniques, sequences,
and procedures of construction. The Contractor will be responsible to see that the
finished work complies accurately with the Contract Documents.
The Owner shall have the right to reject or demand replacement of such superintendent
at any time, with or without cause, solely at the Owner's discretion, based upon objective
or subjective reasons, which reasons the Engineer may, but is not required to, disclose
to the Contractor.
35. PAYMENTS TO THE CONTRACTOR The Contractor will submit a monthly
payment request to the Owner for the service performed the previous month. Payment
request shall be accompanied by data supporting the payment request, and a certificate
from the Contractor that it has fully and properly performed all items of work covered
by the payment request. The Owner will, within ten days after receipt of each partial
payment estimate, either approve the payment, or return the partial payment estimate to
the Contractor indicating in writing his reasons for refusing to approve payment. In the
latter case, the Contractor may make the necessary corrections and resubmit the partial
payment estimate. The Owner will, within thirty (30) days of presentation to him of an
approved partial payment estimate, pay the Contractor a progress payment on the basis
of the approved partial payment estimate. The Owner shall retain ten (10%) percent of
the amount of each payment until final completion and acceptance of all work covered
by the Contract Documents. The Owner at any time, however, after fifty (50%) percent
of the work has been completed, if he fmds that satisfactory progress is being made, shall
reduce retainage to five (5%) percent on the current and remaining estimates. On
completion and acceptance of a part of the work on which the price is stated separately
in the Contract Documents, payment may be made in full, including retained percentages,
less authorized deductions.
Augusta TE Waste Disposal Project
Contract Conditions
Page - 15
Upon completion and acceptance of the work, the Contractor shall issue a certificate
attached to the final payment request that the work has been completed by him under the
conditions of the Contract Documents. The entire balance found to be due the
Contractor, including the retained percentages shall be paid to the Contractor, except
such sums as may be lawfully retained by the Owner for saving the Owner or the Owner's
agents harmless from all claims growing out of the lawful demands of Subcontractors,
laborers, workmen, mechanics, materialmen and furnishers of machinery and parts
thereof, equipment, tools and supplies, incurred in the furtherance of the performance of
the work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that
all obligations of the nature designated above have been paid, discharged, or waived. If
the Contractor fails to do so, the Owner may, after having notified the Contractor, either
pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money
deemed reasonably sufficient to pay any and all such lawful claims until satisfactory
evidence is furnished that all liabilities have been fully discharged whereupon payment
to the Contractor shall be resumed, in accordance with the terms of the Contract
Documents, but in no event shall the provisions of this sentence be construed to impose
any obligations upon the Owner to either the Contractor, his Surety, or any third party.
In paying any unpaid bills of the Contractor, any payment so made by the Owner shall
be considered as a payment made under the Contract Documents by the Owner to the
Contractor and the Owner shall not be liable to the Contractor for any such payments
made in good faith.
The Owner shall have the right to enter the premises for the purpose of doing work not
covered by the Contract Documents. This provision shall not be construed as relieving
the Contractor of the sole responsibility for the care and protection of the work, or the
restoration of any damaged work except such as may be caused by agents or employees
of the Owner.
The Contractor will indemnifY and save the Owner or the Owner's agents harmless from
all claims growing out of the lawful demands of Subcontractors, laborers, workmen,
mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, tools,
and all supplies, incurred in the furtherance of the performance of the work. The
Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations
of the nature designated above have been paid, discharged, or waived. If the Contractor
fails to do so the Owner may, after having notified the Contractor, either pay unpaid bills
or withhold from the Contractor's unpaid compensation a sum of money deemed
reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is
furnished that all liabilities have been fully discharged whereupon payment to the
Contractor shall be resumed, in accordance with the terms of the Contract Documents,
but in no event shall the provisions of this sentence be construed to impose any
obligations upon the Owner to either the Contractor, his Surety, or any third party. In
paying any unpaid bills of the Contractor, any payment so made by the Owner shall be
considered as a payment made under the Contract Documents by the Owner to the
Contractor and the Owner shall not be liable to the Contractor for any such payments
made in good faith.
Augusta TE Waste Disposal Project
Contract Conditions
Page - 16
No separate payment will be made for any items specified in the Contract Conditions.
Payments for such items shall be included in the unit price and lump sum prices bid
by the Contractor for items listed in the Bid Schedule.
It is understood and agreed that the approval of the progress payment request and the
paying of a partial payment shall not be construed as acceptance of any work,
materials, or products and shall not relieve the Contractor in any way from his
responsibilities and obligations under these Contract Documents.
A partial payment will not be made when, in the judgment of the Owner, the work is
not proceeding in accordance with any of the provisions of these Contract Documents.
36. ACCEPTANCE OF FINAL PAYMENT AS RELEASE The acceptance by the
Contractor of final payment shall be and shall operate as a release to the Owner of all
claims and all liability to the Contractor other than claims in stated amounts as may be
specifically excepted by the Contractor for all things done or furnished in connection
with this work and for every act and neglect of the Owner and other relating to or arising
out of this work. Any payment, however, final or otherwise, shall not release the
Contractor or his Sureties from any obligations under the Contract Documents or the
Performance Bond and Payment Bonds.
37. INSURANCE The Contractor shall purchase and maintain during the life of this
Contract such insurance as will protect him from claims set forth below which may arise
out of or result from the Contractor's execution of the work, whether such execution by
himself or by any Subcontractor or by anyone directly or indirectly employed by any of
them or by anyone for whose acts any of them may be liable.
Claims under Workman's Compensation, disability benefit and other similar
employee benefit acts,
Claims for damages because of bodily injury, occupational sickness or disease or
death of his employees,
Claims for damages because of bodily injury, sickness or disease or death of any
person other than his employees,
Claims for damages insured by usual personal injury liability coverage which are
sustained (1) by any.person as a result of an offense directly or indirectly related to
the employment of such person by the Contractor or (2) by any other person; and
Claims for damages because of injury to or destruction of tangible property, including
loss of use resulting therefrom.
Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to
commencement of the work. These Certificates shall contain a provision that coverage
afforded under the policies will not be cancelled unless at least fifteen (15) days prior
written notice has been given to the Owner.
The Contractor shall also purchase and maintain during the life of this contract pollution
liability insurance.
Augusta TE Waste Disposal Project
Contract Conditions
Page - 17
The Contractor shall not commence work under this Contract until he has obtained all
of the insurance required and such insurance has been approved by the Owner, nor shall
the Contractor allow any subcontractor to commence work on his subcontract until the
insurance required of the subcontractor has been so obtained and approved.
In the event any insurance coverage should be canceled or allowed to lapse, the
Contractor will not be permitted to work until adequate and satisfactory insurance is in
effect. Failure to keep insurance policies in effect WILL NOT be cause for any claims
for extension of time under this Contract.
38. Neither the Contractor nor the Owner shall sell, transfer, assign or otherwise dispose of
the Contract or any portion thereof, or his right, title or interest therein, or his obligations
thereunder, without written consent of the other party.
39. INDEMNIFICATION The Contractor will inderrmify and hold harmless the Owner
and his agents and employees from and against all claims, damages, losses and expenses
including attorney's fees arising out of or resulting from the performance of the work,
provided that any such claim, damage, loss or expense is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property, including
the loss of use resulting therefrom; and is caused in whole or in part by any negligent or
willful act or omission of the Contractor and Subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable
In any and all claims against the Owner or any of his agents or employees, by an
employee of the Contractor, Subcontractor, anyone directly or indirectly employed by any
of them, or anyone for whose acts any of them may be liable, the indemnification
obligation shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the Contractor or any Subcontractor
under Workman's Compensation acts, disability benefit acts or other employee benefits
acts.
The obligation of the Contractor under this paragraph shall not extend to the liability of
the contracted Engineer, his agents or employees arising out of the preparation or
approval of maps, drawings, opinions, reports, surveys, change orders, design or
specifications.
It is understood and agreed that the Contractor shall be deemed and considered an
independent contractor in respect to the work covered by these Contract Docwnents and
shall assume all risks and responsibility for casualties of every description in connection
with the work, except that he shall not be held liable or responsible for delays or damage
to work caused by acts of God, acts of public enemy, quarantine restrictions, general
strikes throughout the trade, or freight embargoes not caused or participated in by the
Contractor. The Contractor shall have charge and control of the entire work until
completion and final acceptance of the work by the Owner.
Augusta TE Waste Disposal Project
Contract Conditions
Page - 18
- .
The Contractor shall require his insurance carrier to add the Owner and his agents as
additional insureds under the Contractor's general liability insurance policy with respect
to the services performed by the Contractor for the Owner.
40. The Contractor will pay all sales, consumer, use and other similar taxes required by the
law of the place where the work is performed.
The Contractor shall pay all applicable taxes levied by federal, state, and local
governments and obtain all permits on any part of the work as required by law in
connection with the work. It is understood and agreed that the cost of said taxes is
included in the contract price(s) for the work.
The Contractor shall procure all temporary and permanent permits and licenses necessary
and incidental to the due and lawful prosecution of the work and shall pay all charges and
fees, and all costs thereof shall be deemed to be included in the contract price(s) for the
work.
41. The Contractor shall not employ or hire any of the employees of the Owner.
42. This Agreement is intended by the Parties to, and does supersede any and all provisions
of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any
provision of this Agreement is inconsistent with any provision of the Prompt Pay Act,
the provision of this Agreement shall control.
43. Notwithstanding any provision of the law to the contrary, the parties agree that no interest
shall be due contractor on any sum held as retainage pursuant to this Agreement and
Contractor specifically waives any claim to same.
44. CONTRACT DISPUTES All claims, disputes and other matters in question
between the Owner and the Contractor arising out of or relating to the Agreement, or the
breach thereof, shall be decided in the Superior Court of Richmond County, Georgia.
The Contractor, by executing this Agreement, specifically consents to venue and
jurisdiction in Richmond County and waives any right to contest the venue in the
Superior Court of Richmond County, Georgia.
45. ABANDONMENT OR TERMINATION OF CONTRACT For contracts over
$10,000, the Owner reserves the right to abandon the Contract if it will be in the Owner's
best interest. The Contractor will be paid a fair payment, as negotiated with the Owner,
for the work completed to date.
46. DRUG-FREE WORKPLACE The Contractor shall take the necessary steps to assure
that he maintains a drug-free workplace. These steps shall include but shall not
necessary be limited to the following: compliance with the Federal Drug-Free
Workplace Act, Substance Abuse and Mental Health Services Administration
Augusta TE Waste Disposal Project
Contract Conditions
Page -19
(SAMHSA) standards and regulations, Federal Department of Transportation laws and
State law regarding drug testing.
47. EVIDENCE OF PAYMENT The Contractor may be asked to present acceptable
evidence from time to time that all bills have been paid for labor, materials, and
equipment for which payment on account has been made in monthly estimates. Before
final payment is made, the Contractor shall, if required by the Owner, present a sworn
affidavit that all labor, materials, equipment, and services engaged for the work have
been paid in full and that there are no outstanding debts or liens on any portions of the
work.
48. ACCESSIBILITY OF RECORDS The Owner, representatives of applicable
federal agencies, the Comptroller General of the United States, or any of their duly
authorized representatives, for a period of 3 years beyond completion of the Contract,
shall have access to any books, documents, papers, and records of the Contractor which
are directly pertinent to this project for the purpose of making audit, examination,
excerpts, and transcriptions of contracts in excess of $1 0,000.
49. PRE-CONSTRUCTION CONFERENCE A pre-construction conference shall be
held at an acceptable time to the Owner and the Contractor prior to the "Notice to
Proceed" to coordinate the work and satisfy all requirements of the Contract Documents.
- END OF CONTRACT CONDITIONS _
Augusta TE Waste Disposal Project
Contract Conditions
Page - 20
ACTION ENVIRONMENTAL GROUP, INC. PRICE PROPOSAL
0:
r. Hameed Malik
ity of Aufusta Engineering and Public Works
30 Greene Street, Room 701
ugusta, GA 30911
FROM:
Steve M. Bragg
Action Environmental Group. Inc.
290 Hilderbrand Drive. Suite 8-8
Atlanta. GA 30328
404.943.1741-Phone
404.943.1742-Fax
EST. QTY. UNIT DESCRIPTION UNIT PRICE TOTAL PRICE
75 OMS Empty lying on their sides in the rear of the site $15.00 $1.125.00
61 OMS Paint Related Material-RCRA EMPTY $15.00 $915.00
13 OMS Paint Related Material-Uquid $80.00 $1,040.00
8 OMS Paint Related Material-5ludge $155.00 $1,240.00
34 OMS Paint Related Materials-Solid $300.00 $10,200.00
2 OMS Lean Water-50lvent and Water $155.00 $310.00
2 OMS isc. Non- Hazardous $80.00 $310.00
7 OMS Non-Hazardous Dry Paint Pigment/Filler/Binder $80.00 $560.00
MISC. DRUM PARTS: RINGS, BOLTS, UDS, ETC. $380.00
5 O/P VERPACKS FOR DRUMS DAMAGED TOO BADLY $65.00 $325.00
o SHIP.
1 LABOR Labor and Equipment to clean up site after drums $1,650.00 $1,650.00
re removed. Includes filling drums with non-haz
int material lying on the pavement, consolidating
ebris, not including pallets, into partially empty
rums. Rendering paved portion of the site in and
round the location of the drums free from loose
ebris.
OTAL PROJECT PRICE
$18,055.00
SERVICES/ITEMS /NCLUDED IN PRJCE'
TRANSPORTA TION
DISPOSAL
MANIFESTS
. LABELSlSTlCKERS IF NECESSARY
LAND-BAN / TC FORMS
POLLUTION UABILITY INSURANCE
LAB FEES
PROFILE FEES
APPROVAL FEES
PICK-UP FEES
FUEL SURCHARGES
PAGE 2- AEGI PRICE PROPOSAL
LOGISTICS
1. The paint related materials shall be taken to C-MAC Environmental Group, Inc. in Glencoe, AL
by C-MAC Fleet or Southeastern Research and Recovery, Inc. or to M&M Services/Giant Cement
Co. in Attala, AL by Action Transporters where in either case it shall be processed and placed in
the hazardous liquids fuels program for use as supplementary fuel for firing a rotary cement kiln.
If not suitable for the fuels program, the paint related material shall by taken by C-MAC Env.
Group to incineration.
2. Non-Hazardous materials shall be taken to Southeastern Research and Recovery, Inc. in
Ehrhardt, SC.
ACTION HAS AUDITED THESE FACILITIES AND TRANSPORTERS
~OBD_I CERTIFICATE OF LIABIUTY INSURANCE INSURED'S J ~~~
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I I I jE.1..llISEASE-EAElilPLOYEEJs1,000, 000
i ! , I E.1.. DISEASE - POlJC"( UMIT I $I 0 0 OLO 0 0
B i01llER Pollution ~PLC852096208 106/18/02106/18/03 i $1,000,000 Each Loss
~iability! i I I $2,000,000 Total Loss
I I I I
llESCRIPnON OF 0PERA11ClNSILOcATIONSIVENa.EsIEaJJSIONS ADDED BY ENDORSEIIamSPEaAL PAOVlSIONS
! ~ EFFECnYE poucy EXPlRAllON l.MTS
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II I FR: DAMAGE (Any one fiI8)
I I lED EXP (Any one 1*lIOn)
PERSaw. & /IDV INJUR't
. GENERAI..~TE
I I PRODuCTs -COMPO> N1li I
,
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CERTlRCATE HOLDER I! ADDrTlClNALlNSIR:D I&lRERLETTER:
CANCElLAnON
". ....
Action Environmental Group
Attn: Steve Bragg
4840 Widgeon Way
Cummings, GA 30040
SHOULD AN'I'OF1ltE ABOVE D~ED PClUCESBE CMCa..LEo BEFORE 1ltE EXPlRAlIC>>I
DATE lltEAEOF. TME ISSlING INSURER WD..L ENDEAVOR TO MAIL. 3-D- DAYSWRrT1EN
N011CET01ltE CERIlRCATE HOLDER EDTOTHE FT. BUT~ TODOSOSHALl.
OR
'HPOSE N008UGATlON OR
~AnVES.
AUTHORIZED ~ . E ITAlIYE
',----- ~
~QBJ)..
€ER:rIFICATE OF LIABILITY INSURANCE
'~
MCHUGH INSURANCE. 1He.
PO BOX 1312
~HAREITA. GA 30009-1312
INSUREIYS DATE (IAMlONY)
AGENT 1110112001
THIS CERnRCATE IS ISSUB> A9 A-MA..1!.!:H OF INFORMATION
ONLY AND CONFERS NO RIGHTS Unm THE CERTlRCA TE
HOlDER. THIS CER11RCA TE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COVERAGES
I THE POUCIES OF INSURANCE USTEO B8..OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
I ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIRCATE MAY BE ISSUED OR
I MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HERSH IS SUBJECT TO All THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
! POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAJMS. _____._______.._
lNSA ! TYPE OF INSUAMCE POlICY IUIBSl PQJCY ER'ET1VE I POlICY EleNA 1lON I lMTS
! GENEIW. UA8lUTY! I! EACH 0CCl1RAENCE : $
A rxl-- EIl4Al.GENERAL.WlBIUTY IGECOOO734501 11101101 11101102 j FlAEDAIMGE(An,......1 : $
----, rxl; ! I
~-..! a.AMS1WlE ---.J cx:ct-'l' I IIEDEXPuw.,__I__.:..!..._
1 PERSClNM. & MN I'IUURY : $
i GENEAAL~ .&-.TE : $
: PAODUCTS - CClIIPJQP AGG I $
iEMPlOYEE~IIS I
11/01102 I i
I "'C" lED SINGLE UIIrT : $
. lEa 8IIliIIIInQ
I
1=:
,=:
INSURER E:
INSURERS AFFORDING COVERAGE
INSURED
SOUTHEASTERN RESEARcH & RECOVERY, INC.
OIV. OF GLOBAL ECO-LOGICAl.. INC.
108 BROADWAY
EHRHARDT, sc 29081
~~~~~c:~_u.-
_._-._- .------.
GEJn. AGGREGllTE L8fi N'PUES PER: :
,. X : P<lUCY ;---; PRO- i . LOC ;
, AUTOMOBlL.E IJABJJTY : AECOOO734301
A;--"
~ AllY AUTO
i AU. OWNED AUTOS
; X : SCHEDulE) AUTOS
~ 5C HIRED AUTOS
:x-; NON-OWNED AUTOS
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11/112001
,
I
I BODLY IN.AJRY
: (Pwr...-a)
:
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! AUTO 0Ill.. Y - EA ACC::mENT I $
j one THAN EAACC ; $
, AUTO 0Ill.. Y: AGG i $
. I
I EXCESS I.IA8IUTY !
A jX] OCCUR n QAIMS IlWlE I UECOOO134401
~ "--- !
11101/02
: EACH 0CClRa:NCE
I AGGREGATE
11/112001
0EDuCT18l.E
. X: RETENTION s 10,000
, WQlV(BlS CXlMJIENSATION AI<<)
8 . EMPlOYBtS" UA8IlJTY
1
:weCOOO734701
11/112001
11101/02
. 0lliER
POllUTION LIABILITY
! $5,000,000
. DESaUPTlON OF ~T1ONSIl.OCATIONlWENCl.EsIEADDEDBY ~L PAOYlSlONS
1, ,0
1 00,000
--- 5]m)-
1,000-:000- .
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2,000,000
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1,000,000
s
;$
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:$
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1,000,000
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CERTIFICATE HOLDER i X i ADDfT1ONA1.INSUAED: ~ I..E1'"TER: A
'.
ACTION ENVIORNMENTAL GROUP, INC.
4840 WIDGEON WAY
CUMMING, GA 30040
CANCELLA nON
SHOULD ANY ciFTlfEABOVE DESCRIBED POUCES BE CANCEll.ED BEFORE THE EXPIRATION
DATE THEREOF. 1ltE ISSUNG INSURER WIlL ENDEAVOR TO MAIL ~ DAYS WRITTEN I
NOnCE TO THE CSl'TFtCATE HOl..DEA NAIlED TO THE lB'T, BUT FAILURE TO 00 SID SHALL
M'OSE NO OBLIGATION OR LIA8ILITY OF ANY KIND UPON THE INSURER. rrs AGENTS OR
I
ACORD 25-S rmm
"