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HomeMy WebLinkAboutSolid Waste Collection Contract Extension Agreement Augusta Richmond GA DOCUMENT NAME: sO\lol WCA-s-\-e Co\ \ed-\bYl COYl'-r~CLc:\- 'EX -tens 16 h ~(r~\-- DOCUMENT TYPE: A.. 1..-:' ~. \'jv E:-~~~\- YEAR: L.ro "'3 BOX NUMBER: \ 'j FILE NUMBER: \ 5 t.)~ l.p NUMBER OF PAGES: 4L{ J .:'i '"'- ". S'IAl'l': ()l-' (iE RGIA ) ) COUNTY 01" r leHMONI) ) WASTE COLLECTION CONTRACT EXIENSION AGREEMENT THIS ' 'KEEMLNT, madt.: this 1811\ day or March, 2004 by and bdwe(;n Augusta (j~orl:',ia, " po tic:l1 subdivision ot' lh\: ?tall.: ur G~orgia, (h..:n:inafLl.:r calkJ "Owner") ;Ind Augl'sta 'al ,Ind R~cycling, Inc" a corpor~'lion. doin~~ hllsincs~ as n corporation, WlTNESSETl.I WHf-:R 'AS, Ownc:r and Contr;lcwr ent~r..:d a conlwct on th..: 5,h Jay 0" March, 1001. whl.:r~in ('ont etM ;lgn.:L:d to provide Owner solid waste collecti\)I1 services within cl.:rtain sections or Au uSIa-Richmond County known as 13, 14 and 15 in consideration of thos~ charg~s to Owner as st' ed ltl paragraph 4 of saiu Contracl~ and WHL ::AS, Owner chose nullO exercisL: its soh.: option ;lr'ld righl tll extend said Conlr;,ct in said Jistriet on or het'Ol'l' March :\. 2004 as pr\wided thl.: contra\.:t documents (Section $-05. "Contract Peri u"): and ., WHE ,AS. Owner and Contractor now desirt.: that solid waste collection scrvicl::$ cominul: after une 3.2004 in suit! distric.:ts without intl.:rruplion: and : ^S. Owner Curth..:r ul:sir..:s duriJ\g thl.: pai\\d JlIn~ 3. :}004 through Jum: 3. 2005 to enter alwth r contract with Contractor with 0 charge therein to Owner based on Contractor's , f I, unit cost 0 sC lC~, - NOW TlIEREl-'ORf, In consideration of lhe premises or th..: agn.:..:m..:nts ha~;n. the moni..:s tu b..: :lid anu the s..:rvices l\) he rcnJ..:r..:J tll..: Owna anJ (:olltr;l<.:lor agree as follows: t 'd o..Je dEy:yO ~o 20 ^O~ 8S9t-26S-90L ~ I. o net and COI\trador re-adopt the provl:'lons or said Contract and related Its dated March 5. 1002 effective on and after June 3, 2004 ~)<cepting and cOJ'\tr~,d documc deleting Ihcrcfro the last two subparagraphs of section 4 of said Contract, 2, A d, in lieu th~rcof, th~ parLi~~ do ha!.;hy agr~o;.: to substitute the l'ollowing: Contract Docu I), I::; ~:\l..:nJcd ny this c:\tcnsion ~\!:!.rccn1cnt for a one-year term from .lum: 3, I c 3. 2005. Th!.; (\mtractor agrees to perform all work as descrihed in said I I ~nts as amended hy this Extension Agreement for the period June 3, 2004 Thl.: Contr;;lcl tl.: :!004 Ihroue:h .I through June 3, 005 in the following sums: 1 1 Section 13: $451.348,00; Section 14: $4\,045.00: and Section 15: $\44,545,00, 3, wnt:;r and C(ll'Itractor readopt and incorporate by te!\;n;ncc herein their agn,:cl11cnt dat ~ March 5.2002. c:-.:cept a::; provitktJ in this extcnsion ~lgrccl"cnt. I n the event or ,I contlict hctwccn the ten"s of the agreement of March 5, 2002 I al,d this I.:xtl.::O, on agreement. the terms of this extension agreement shall controL I 5, is Agreement shall b~ binding upon all partie~ hereto and their respl;;l.:\iw hl.:.irs, 6, ex~cule ~Iny other documents or take any other actions 4. executors, ad inistrators, succ...:ssors und assigns, necessary to t:et this Ag.recment IN W :rNESS WHEREOf, the parties have hereto executed. or caused to be eXl:cull:d hy I it's duly auth riz.cd official (s). lhis ^gr~(;mcnt in livl.: (5) copi~s. cach or which shall ne deemed an origiMI 0 the d~Il\': above lirst written, 2 2'd 8S9t-26S-90L o../e dEv:vO VO 20 ^O~ '. -~.~ , Owner; Aug 'ta. (icorgia, Ii'k/a Augu:-;la-Ricnmond Counly. <.icorg,i~1 by and through ils ~tuthorii',cd rcpr 'cntativc: AUGUSTA. GEORGIA By ~~..... / __ As ils M;;yor --a- ~fj /\lh:S\: L1 /J _ -./2LI.C:, lM' ~,C1crk :/ ) '--/ I, __(:., /J/t?{'t:(l,LcP~/ AUGUST ^ DISPOSAL AND RECYCl.ING.INC. By (Y-4 Gl-. ~~1~~ -'?'~~'~ ^\\..:~l: I~~d ,~I.~ ~M;~~"ltfl /,"\,'i///:I'/',.",'/l\,'il/';/ ;"( '/rl'\SW( '( J/IIl/IA( T/I/ /(:/'I/S/'{ IS,-, U lOt' 3 E'd BS9t-26S-90L o..le dEv:vO VO 20 ^O'" , '\ '. AUGUSTA-RICHMOND COUNTY DEPARTMENT OF PUBLIC WORKS & ENGINEERING SUPPLEMENTAL AGREEMENT BID No. 00-119 SUPPLEMENTAL AGREEMENT NO:...! WHEREAS, We, Augusta Disnosal & Recvcline , entered into a contract with Augusta-Richmond County on , for solid waste collection services associated with the Section III , BID No. 00-119 File Reference No. 03-008. WHEREAS, certain revisions to the solid waste collection service requested by Augusta- Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Additional performance requirements to add ~('(' A ttac:hm('nt It is agreed that as a result of the above modification the contract amount is extended for Year 3 (8/03/03 thru 8/03/04) - $ 991,149 Year 4 (8/03/04 thru 8/03/05) - $1,031,581 This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Aueusta Disposal & Recvcline, hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. This:2 day of >> i~ RECOMMEND FOR APPROVAL: ,2003 CITY OF AUGUSTA-RICHMOND COUNTY ~~~. - , , or- Approved: Dat'lJ/llll/ r; J t?t? J, ~ t) IS~"L--~u.,~ - f~f ~ l V Approved: Date If.. ~ 1- l ~ ~oo3 [ATTACHED CORPORAT SEAL] ATTEST: I' "'"\') w\L-L\,~ ~. \oLo~t,A.~ Title' 7P.e~i ~ (SA02 - For chane:es e:reater than $10.000) , Januarv 2001 'i~ ~. ,- ATTACHMENT #1 SUPPLEMENTAL AGREEMENT #1 BID # 00-119 COLLECTION OF SOLID WASTE FOR PHASE I - SECTION 3 FILE REFERENCE 03-008 Please note the following performance requirement changes for supplemental agreement #1 for Bid # 00-119 (changes are in bold): GC-15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES: 1. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed. 2. The Contractor will proceed with the work at such rate of progress to insure full completion within the contract' time, It is expressly understood and agreed, by and between the Contractor and the Owner, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. 3. If the Contractor has not complied or has failed to complete the work within 24- hour period, then the liquidated damages shall occur, which consist of a 5% penalty against the monthly unit fee. This penalty will be multiplied by the number of units affected by not completing the work in the specified time and by each additional 24 hour period after the initial 24 hour period. The penalty applies to 5 or more units in a 1/8 of mile area or an entire street or neighborhood in which the contractor has failed to complete the work. Ex. 25 units (missed) x 2 days x $13.25 x 5% = $33.16 (deducted from monthly) invoice 4. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following and the Contractor has promptly given written notice to such delay to the Owner or Engineer. 4,1 To any preference, priority or allocation order duly issued by the Owner. 4.2 To unforeseeable causes beyond the control and without the fault of negligence of the Contractor, including but not restricted to , acts of God or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather; and Page 1 of 5 of Attachment #1 Bid No, 00-119 4.3 To any delays of subcontractors occasioned by any of the causes specified III Paragraphs 4.1 and 4,2 of this Article. SC-26. COLLECTION REQUIREMENTS: 1. It is the purpose of the specifications to provide a framework for accomplishing the result in maintaining a sanitary environment for the residents of the City. This section addresses the collection of refuse from the Collection Area of the City as described in these specifications. The intent of the work is to collect all refuse placed out for collection within the Contract Area. a. Time of Collection: The Contractor shall collect all refuse placed on streets or easements in rollout containers provided by the Contractor. Contractor collection days will be determined from the bid schedule base bid or alternate bid. b. Containers: The Contractor will provide initial rollout containers, and recyclable bins, any replacement containers and bins, and additional containers and bins to customers to be served. The number of containers and bins distributed shall be solely the decision of the Contractor; however, the Contractor is required to provide a minimum of one rollout container and recycling bin per unit. Minimum rollout size will be 90 - 95 gallons. Specifications for rollout containers and recycling bins will be submitted for approval. Repairs to containers and bins shall be performed by the Contractor. This includes replacements of wheels, lids, hinges, axles and handles. c, Places of Collection: Normal Collections - Normal collection points for residential solid waste shall be curbside (adjacent to roadway) accessible to mechanized solid waste collection equipment. Customers shall be notified by the Contractor, using materials pre-approved by the City, that: (1) rollout containers should be placed within two feet of curb with handles facing away from the street. (2) The container should be at least three feet from trees, mailboxes, cars, other rollout containers, yard waste, recyclables and other obstructions. (3) The collection vehicle should have clear access to the container. (4) All refuse shall be placed within the rollout container. Normal collection points will also include Designated Collection Areas in Multi-Family Housing Units and Designated Non-Residential Units. Rollout containers shall be carefully handled by the personnel and shall be thoroughly emptied and left at the premise where they are found, standing Page 2 of 5 of Attachment #1 Bid No. 00-119 upright and with covers placed back on the rollout container. This work shall be done in a sanitary manner and any waste spilled by the Collector shall be immediately picked up by the Collector. 2. Yard Waste Collection: The Contractor shall provide curbside collection of yard waste which is composed of grass clippings, leaves, tree and shrubbery trimmings including branches, tree limbs, bushes, shrubbery cuttings and clippings of trees, shrubs or bushes, a. Time of Collection: The Contractor shall collect all yard waste placed on streets or easements on days as determined from the bid schedule base bid or alternate bid, b. Place of Collection: Normal collection points "for residential yard waste shall be at curbside (adjacent to roadway). c. Materials to be Collected: The Contractor shall collect all Christmas trees placed for collection. The Contractor shall collect all yard waste such as tree limbs not larger than four (4) inches in diameter nor longer than five (5) feet and stacked in piles not to exceed five (5) feet in height. Tree trunks larger than four (4) inches in diameter will not be collected. The maximum amount of yard waste in a pile shall not exceed five (5) feet in height by five (5) feet in width by ten (10) feet in length, The Contractor shall have the authority to decline to collect any tree or tree limbs where service has been performed for a fee by person (s) other than the property owner. . The Contractor shall collect all yard waste placed in plastic bags, Such bags, if closed, shall be clear or transparent; customers may use opaque bags as long as they are left open, In no case may bags weigh more than fifty (50) pounds, No more than thirty (30) bags will be collected each collection day at each dwelling unit. In addition, the Contractor shall collect yard waste which is placed in twenty (20) or thirty-two (32) gallon refuse containers without affixing a lid. All leaves, straw, and grass clippings; yard waste, shall be bagged at curbside. Contractor shall properly dispose of plastic bags to avoid contamination of the yard waste stream, Page 3 of 5 of Attachment #1 Bid No, 00-119 The Contractor shall take yard waste collected to the Designated Disposal Facility as specified. In the event of yard waste set out at a unit in the Contract Area that does not meet the specifications above, the Contractor shall leave a clearly explanatory printed or hand written notice for the customer and notify the City within two hours, Following notification by the Contractor, the City will investigate the matter and advise the Contractor of its decision and of any action that is required by the Contractor. If the City finds that the material set out did meet the specifications, the Contractor will be notified by the City and must return and pick up the yard waste within twenty-four (24) working hours of notification. If the City finds that the material set out did not meet specifications, the Contractor will not be required to return to the unit until the next regularly scheduled pick up. If, at the next regularly scheduled pick up, the material set out meets specifications, the Contractor shall pick up the material. 3. Bulky Waste Collection: The Contractor shall provide curbside collection of furniture, appliances, tires, and other items as identified in Contract Documents. a. Time and Place of Collection: The Contractor shall provide collection of bulky placed at the curbside on a weekly basis on the days determined by a schedule approved by the Owner. Collection point will be at curbside. b. Disposal: Bulky waste shall be delivered to Designated Disposal Facilities as specified in this document. 4, Container Collection - Dumpsters: The Contractor shall provide collection of refuse container at vanous locations as identified in attachment. a. Containers: Any existing City owned containers will be provided by the City at no charge to the Contractor. Any replacement and/or repair of contai8ners will be the responsibility of the Contractor. Page 4 of 5 of Attachment #1 Bid No, 00-119 '. b. Time of Collection: The Contractor shall collect all refuse from containers placed at various locations two (2) times per week. The Contractor is to provide a written schedule to customer after approval by the City. c. Place of Collection: All existing placements of existing containers will be considered as points of collection or as determined by the Engineer. SC-27. COLLECTION IMPEDIMENTS: A number of collection impediments may require special efforts to accomplish this level of service. 1. On Street Parking: Certain neighborhood streets permit "on street parking" which may present impediments to curbside collection services, especially autom.ated services, The Contractor shall perform collection services even if the ~~rb ~ls-'bl<?cked. No additional fees shall be payable to the Contractor for setyices provided under these conditions,\. \ J 2. Infrastructure Renovation/Streets Blocked by Construction: Periodically major renovation is necessary to maintain the infrastructure of the City. This includes such activities as replacing gas, water and sewer lines, surfacing or resurfacing streets and replacing wiring for telephone, electricity or cable television, Alternate collection service must be provided during this period of disruption. The Contractor should evaluate each circumstance individually to determine the appropriate alternative, The City shall be notified in writing of the nature of the disruption, its location and the alternative employed to provide service, No additional fees shall be payable to the Contractor for services provided under these conditions, 3. Handicap/Special Needs: Any physical or mental impairment would prevent a resident(s) from moving a 90 - 95 gallon container to and from the curb or designated collection point. Page 5 of 5 of Attachment #1 Bid No. 00-119 'I" '" -., Feb 10 04 01:34p \ . \, '" arc 706-592-1658 p.2 ~. ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement") is made as of May 'SO, 2002, by and among CSRA WASTE, INC. ("Seller"), a Georgia corporation, ADV ANCED DISPOSAL SERVICES, AUGUSTA, LLC (" Buyer") I a Georgia corporation, and ' AUGUSTA, GEORGIA ("Augustan), a political subdivision of the State of Georgia, hereinafter collectively referred to as the "Parties". WIT N E SSE T H: WHEREAS, Seller is a party to, that certain agreement between the Augusta~Richmond County Commission and CSRA Waste, Inc., attached hereto as Exhibit "An and by reference made a part hereof (the "Contract") ,a true and correct copy of which has been provided to Buyer; WHEREAS, in accordance with Paragraph 9 of the Contract, Buyer wishes to acquire, and Seller wishes to assign, all of the right, title and interest of Seller in and to the Contract; NOW, TIffiREFORE, in consideration of $1 0.00, the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the Parties hereby agree as follows: 1. Assirnment. Seller hereby grants, transfers, conveys and assigns to Buyer aU of SellerOs right, title and interest under the Contract: 2. Assumption. Buyer hereby accepts the foregOing assignment and assumes and agrees to perform and observe all of the Seller's obligations and covenancs, as the case may be, under the Contract from and after the date hereof, 3, Successors and AssilmS. This Agreement shall be binding upon and inure to the benefit of Seller and Buyer and their respective successors and assigns, as the case may be. 4. Notice. Buyer hereby agrees to provide to Augusta notice of termination of any subcontractor, to wit: Metropolitan Waste, Inc" Berry Smith Sanitation, Hester's Sanitation and A-I Sanitation, Inc. 5, Extension. Augusta joins in this Agreement for evidencing its extension of the Contract for two (2) additional one year periods as provided in said Contract, and for evidencing its consent to this Assignment, F~b 10 04 01:35p arc 706-592-1658 p.3 IN WITNESS WHEREOF, the Buyer and Seller have executed this instrument as of the date first above written, BUYER: ADVANCED DISPOSAL SERVICES, AUGUSTA, LLC JaJL--tJ ~ ~ By: \' l~ As its: President (Corporate Seal) CONSENT TO ASSIGNMENT: Au g_~sta(Ge~ ~,.. ,... ''1 ,/ " t .---' , /u '~ ~~~. '.,V, --=----:::::::-As its Mayor ..,..- "" SELLER: CSRA WASTE, lNC. \~o~ By: Kester Uzochukwu As its: President (Corporate Seal) 2 F~b 10 04 01:08p arc 706.,..592-1658 p.3 . <" ~;-'-"T!\ ///' ..A \~~i(t' Advanced Disposal Services . -~~!l'f(~T~:. Public Works and Engineering Department Office of Solid Waste 4330 Deans Bi;dge Road Blythe, GA 30805 Attention Beverlv Rowell: Subject: Change of Company Ownership Advanced Disposal Services of Augusta bave bought all rights to CSRA WASTE, INC and Lewis Disposal Services as of.T LIne 1, 2002, We will no longer be operating under the CSRA WASTE, JNC, name, aU land fill tickets and bills will need to be transfened into the name of Advanced Disposal Services of Augusta. Our physical address will be 1799 Marvin Gritlin Road, Our Billing address is as follows: P.O, Box 5790 Augusta, GA 30906 Pmsuant to the city contract, a list of all tr:ucks that maybe used in the city route collection needs to be given to solid waste collection depaltment. Lewis Disposal trucks may at sometime be used as alternate trucks for the city route. A list of these trucks has been attached for your review, Thank you for your cooperation. If you have any further questions or concerns please contact us at (706) 860-3431, Sincerely, I '--L.~~~.h(.. 1- .jt~.LL (g,C~:~~~-~__ Nikki Holloway \., ~ ~ Administrative Assistant - Advanced Disposal Services cc: Shawnda Bender, Codc Enforcement Officer City File Attachment 131 Britt Waters Road, NW . Milledgeville, GA 31061 leI (478) 453.4435 . fax (478) 453-3843 ~ 7: -..j," " Change Order Number: -L Date: 1/6/03 Pro.iect Title, Solid Waste Department I Original Contract Date: Mav 17. 2001 Project Number: Bid # 00-119 Owner: Augusta-Richmond COlmtv P.O. Number: Contractor: Advanced Disposal The following change order is hereby made to the proposal for the above project: See Attached (Section 9A) TOTAL AMOUNT OF.TillS CHANGE ORDER $ 29.333.17 The Con'lfact time will be Increased / Decreased by 0 calendar days as a result of this change. The date of completion including this change order is same as original contract. Original Contract Amount $ 13,250,680 , Previous Change Order (Increased / Decreased) This Change Order ~ , (Increased / Decreased) $0 $ 29.333.17 TOTAL CONTRACT WITH CHANGE ORDER (S) $ 13,280,013 * * * * * * * * * * * ~ * Funding Source / Account Number: 542-04,'-4210-:5222110 Submitted(~F Date: Requested By: Engineer Date: ~_ Date: / / y.:3 / i)3 / I ApprovedBy: Date: --L2.l1 0 1( ~ Date:. ,lid',., Accepted By:C0~ 0..0 Contractor Date: }- {,- 2~~ 3 COPIES:Purchasing, Geri Sams Finance Department, Mary Boswell Pubhc \Vorks Engineering, Linda Crawford ~ '. ~ ll'" r" SCHEDULE OF PRICES SECTION q,4 , ~ ~ UNITS . , BASE BID 1. 'Refuse and Yard Waste Collection at Curbside. Two (2) Days Per Week Pick-Up For Refuse and One (1) Day Per Week Pick-up on Yard Waste~ Year 1 5,.7'18 ~ g ,.,~,?/,~ " .."e,.76D.~ , , .c IJ ,~ Q f ,OJ 4 L- I Year 2 Year 3 Year 4 -' 2. Bulky'Waste Collection at Curbside One (1) Day Per Week Pick-Up For Bulky Waste: Year 1 '~J ~' r:;7 =-- 9/ ;....D,j{L.;. Year 2 Year 3 ,'7 i, (- .~. ..:) b .) ~ ,'UD( Year 4 3. Recyclables Collection at Curbside One (1) Day Per '\oVeek Pick-Up for Recycla.ble Materials = Year 1 -- Year 2 Year 3. Year 4 Grand Total .... u,,_ ... . . ... .... .-. . .-.--' "'\ , AUGUSTA-RICHMOND COUNTVCOMMISSION JAMES B. W A~L CITY A TIORNEY LEE BEARD TOMMY BOYLES , ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM, "WILLIE" H, MAys. III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O, Box2125 454 GREENE STREET AUGUSTA, GA. 30903 Bus, (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern June 11,2002 Ms. Lena Bonner Clerk, Commission 8th Floor, City-County Bldg. Augusta, GA 30911 RE: Advanced Disposal' Our File No. AR-23-020 Dear Lena: I enclose herewith the Labor and Material Payment. Bond and the Performance Bond issued with Advanced Disposal Services Augusta, LLC, as Principal. Advanced Disposal Services purchased substantially all of the assets of CSRA Waste. Please include these Original Bonds in the City's records, . By carbon coy of this letter, I am forwarding copies of the Bonds to Teresa Smith for her records. ," , With best personal regards, I am Yours very truly, ~ James B. Wall)...o.-P JBW/sjp Enclosure cc: Ms. Teresa Smith 7\ , GREENWICH INSURANCE COMPANY Performance Bond Bond Number SEClO01388 KNOW ALL MEN BY THESE PRESENTS: That Advanced Disposal Services Augusta. LLC, (Name of Contractor) a corporation with principal offices located at 9250 Baymeadows Road. Suite 220, Jacksonville, FL 32256 (Address) as Principal (hereinafter called the "Contractor"), and Greenwich Insurance Company as Surety (Sureties), a California Corporation with principal offices located at 520 Eagleview Boulevard. Exton, PA 19341 (Address) (hereinafter called the "Surety"), are held and firmly bound unto Augusta-Richmond County Commission (Name of Owner) (hereinafter called the "Obligee"), in the sum of One Million: Three Hundred Eighty-One Thousand Five Hundred Ninety Nine DOLLARS ($1.381.599.00) (hereinafter called the "Penal Sum"), for the payment whereof the Contractor and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and, severally. WHEREAS, the Contractor has by written agreement dated August. 2001, (hereinafter called the "Contract") entered into a contract with the Obligee for Residential and Commercial Solid Waste Collection Franchise (Project Description) (hereinafter called the "Project") in accordance with Drawings and Specifications prepared by and/or dated Aul!ust. 2001 which Contract is by reference made a part hereof; except as otherwise provided herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Contractor shall perform the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject to the conditions set forth hereinbelow. The Surety's obligations and undertakings hereunder shall arise only in the event that the Obligee is not itself in default of any provision or provisions of the Contract. If the Obligee is not in default, and the Obligee contends that the Contractor is in default under the Contract, the Surety's obligations hereunder shall arise only after: 2.1 The Obligee shall have notified the Surety and the Contractor, in writing, by registered or certified mail, return receipt requested, describing with reasonable particularity the basis for the Obligee's contention that the Contractor is in default, and requesting a meeting to occur among representatives of the Obligee" the Contractor and the Surety not later than fifteen (15) days after receipt of such notice, to discuss the matters raised in the notice and the further performance of the Contract by any party; and 2.2 The Obligee has declared the Contractor to be in default and formally terminated the Contractor's right to complete the Contract. The Obligee shall not declare the Contractor to be in default earlier than twenty (20) days after the Surety and the Contractor have received notice as provided in paragraph 2.1 hereinabove, and 2.3 The Obligee has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Contract, or to a Contractor selected to perform the Contract by the Surety at the written direction of.the Surety, or in any other manner reasonably requested by the Surety,. The "Balance of the Contract Price" is herein defined as the total amount payable by the Obligee to the Contractor under the Contract after all proper adjustments have been made thereto, including any allowances due the GICSUR7 (7-96) 1 Contractor from the Obligee in settlement of any insurance or other claims for damages to which the Contractor is entitled, and reduced by all valid and proper payments made to or on behalf of the Contractor under the Contract. , After the Obligee has satisfied the conditions of Paragraphs 2.1, 2,2 and 2,3 hereinabove, then all Surety, at its option and at its expense, shall take one of the the following actions: 3.1 Arrange for the Contractor to perform and complete the Contract; or 3.2 'Enter into a takeover agreement with the Obligee and undertake to perform and complete, or cause the completion of the Contract, either itself, or through any agents or independent contractors of its choosing; or 3.3 Obtain bids or negotiated proposals from qualified contractor(s) reasonably acceptable to the Obligee, for the completion of the Contract. Thereafter, the contractor(s) selected with the Obligee's concurrence, which shall not be unreasonably withheld, shall con~act directly with the Obligee for the completion of the Contract (hereinafter called "Completion Contract"). The Completion Contract shall be secured with performance and payment bonds executed by a qualified surety, equivalent to the bonds issued in connection with the Contract. At the time the Obligee executes the Completion Contract, the Surety shall pay to the Obligee any difference between the price ofthe Completion Contract and" the Balance of the Contract Price; subject to the limit ofthe Surety's liability as stated in the Penal Sum; or 3.4 After investigation, determine the amount of money, if any, required to complete the Contract and tender payment therefore to the Obligee; or 3,5 Deny liability.in whole or in part, 1. The responsibilities of the SuretY to the Obligee hereunder shall not in any event be greater than those of the Contractor to the Obligee under the Contract. The responsibilities of the Obligee to the Surety shall not be greater than those of the Obligee under the Contract. The Obligee hereby commits the Balance of the Contract 'Price to the Surety in mitigation of any costs incurred by the Surety in completing or causing the completion of the contract, or in otherwise performing its obligations, if any, hereunder. Under any circumstances, the -Surety's liability hereunder shall not exceed the Penal Sum of this Bond, 2. The Surety shall not be liable to the Obligee or others for any obligations of the Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set-off on account of any such unrelated obligations. No right of action shall accrue, on this Bond to any person or entity other than the Obligee or its heirs, executors, administrators or assigns. 3. Any proceeding, legal or equitable, under this Bond, must be instituted in a court of competent jurisdiction in the jurisdiction in which the Project or any part of it is located. Any proceeding, legal or equitable, must be instituted, if at all, within one (I) year after the Contractor first defaulted and/or was declared by the Obligee to be in default, or within one (1) year after the Contractor ceased work on the Project, or within one (1) year after the Surety has refused to perform pursuant to this Bond, whichever first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitations available to sureties as a defense in the jurisdiction where any proceeding is instituted shall apply. 4. Notice to the Surety, the Obligee and lor the Contractor shall be mailed or delivered to the addresses shown hereinabove. 5. If and when this Bond has been furnished to comply with any statutory or other legal requirement pertaining in any location where the Project is located, any provision in this Bond conflicting with said ~tatutory or other legal requirement shall be deemed deleted here from, and the minimum provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. GICSUR7(7-96) 2 ., , IN WITNESS WHEREOF, the Contractor and Surety have hereunto caused this Bond to be duly executed and aclmowledged as set forth below this 28th day of May, 2002. (Impress Corporate Seal) Advanced Disposal Services Augusta. LLC (Nam of Contractor) A ITEST: Title: &~-/ 4zr-';17 ~~L''- (Impress Corporate Seal) GJ:eenwich Insurance Company, Surety WITNESS: ~ ~y~ , da &ahl By:a"YV\'\.t"(.P~ ~ (Attorney-in-Fact) Anna Dora Paratore NOTE: An original Power of Attorney bearing same date as Bond and aclmowledgments of Contractor and Attorney-in Fact must be attached. ' GICSUR7 (7-96) 3 ~ ~~_i'" .~~ ~ ,,""J:! ".~~;,I;i:'! ','4!~t ,'.' '1f} _!:~t-l~;,-. ~Ei. ~;-':?:~~-,. ted_ion'colbred'bonaecl'safety p . .~~~~' ~~~~t:. tJ ~;;~- mi~ ~.4. ~ i';-!"~ "'i" , GREENWICH INSURANCE COMPANY Labor and Material Payment Bond Bond NumberSEC1001388 KNOW ALL MEN BY THESE PRESENTS: That Advanced Disposal Services Augusta, LLC. 9250 Baymeadows Road, Suite 220, Jacksonville, FL 32256, (Name and address of Principal) as Principal, (hereinafter the "Principal") and Greenwich Insurance Company, a company(s) organized and existing under the laws of the State of Cali fomi a, as Surety (Sureties), (hereinafter the "Surety"), are held and frrmly bound unto Augusta-Richmond County Commission, (Name and address of Owner) as Obligee, (hereinafter the "Owner"), for the use and benefit of Claimants as hereinafter defined, in the amount of One Million Three Hundred Eighty One Thousand Five Hundred Ninety Nine Dollars ($1.381.599.00) (hereinafter, the "Penal Sum") for the payment whereof of the Principal and the Surety (Sureties) bind th~mselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated August, 2001, (hereinafter, the "Contract") entered into a contract with Owner for Residential and Commercial Solid Waste Collection Franchise (Describe the work or project) in acc,ordance with drawings and specifications dated August, 2001. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal 'shall promptly make payment to all Claimants, as hereinafter defined, for labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void, otherwise, it shall remain in full force and effect; SUBJECT, HOWEVER, to the following express conditions precedent and definitions: (1) A "Claimant" is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract. (2) The Principal, the Surety and the Owner hereby agree, jointly and severally, and the Surety hereby undertakes, that every Claimant as hereinabove defined, who has not been paid in full before the expiration of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed, or materials were furnished by such Claimant, may thereafter sue on this bond for the use of such Claimant, prosecute suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereon; as further expressly conditioned hereinbelow. The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3) No Claimant shall be entitled to any recovery against the Surety hereunder, and no suit or action shall be commenced hereunder by any'Claimant, unless and until the following express conditions precedent have been met or performed by the Claimant and/or otherwise as limited hereinbelow: (a) , The Claimant, as hereinabove defined, shall have given written notice to the Principal, the Owner and the Surety within ninety (90) days after such Claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed, describing the work or labor performed and/or the materials provided, and providing the name of the person or entity to whom the materials were furnished, or for - whom the work or labor was done or performed, Such notice shall be served by mailing the same by registered mail or certified mail, return receipt requested, in envelopes addressed to the Principal, the Owner and the Surety at any place where they or each of them regularly maintain any office for the transaction of business, or served on the Principal, Owner and Surety in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be'made by a public officer; (b) Any suit on this Bond must be commenced, if at all, within one (1) year following the date on which the Claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made; it being understood, however; that if any limitation GICSUR6 (7-96) -( " ,'. embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law; (c) Any suit on this Bond must be brought in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, and not elsewhere, (4) The liability and the undertaking of the Surety hereunder shall in no event exceed the Penal Sum set forth hereinabove. (5) The amount of this bond shall be reduced by and to the full extent of any and all payments made by the Surety in good faith hereunder, inclusive of the payment by the Surety of any .mechanics' liens which may be filed ofrecord against the Project, whether or not the claim for the amount of such lien be presented under and against this bond, and whether or not any payments made in good faith by the Surety hereunder were actually due, subject to defense, set-off, contested or uncontested by any party. Signed and sealed this 28th day ofMav , 2002, ATTEST: Advanced Disposal Services Augusta, LLC Principal By: Woll-r/4I-- (SEAL) WITNESS: Greenwich Insurance Company Surety By:~k~~ (SEAL) Anna Dora Paratore (Attorney-in-fact) ~?~ L aa Stahl GICSUR6 (7-96) 2 """"""i ~~ id J,~i ~l? ~,~ 2-':;-\ fJL ~~-'I" '""'''-=' " ~i!~~f~ui~fi~.nt~i!to~~~~i~:;l.~ J~~i~1X ~:~; ~;Jd't ~W .. JUN. 4.2004 3:11PM 5 P H & B NO,326 P.2/4 ...... , .. .- STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) SOLID WASTE COLLECTION CONTRACT EXTENSION AGREEMENT REGARDING SECTIONS 11. l1A, I1B AND 12 TIllS AGREEMENT, made this I S'~ay of (1,~. 2004 by and between Augusta Georgia, a political subdivision of the State of Georgia, (hereinafter called "Owner") and Georgia Waste Systems, Ine, - as successor in interest under the contract described below from Waste Management of Georgia, Inc., an assignee of BPI Waste Systems, LLC of such contract (hereinafter fIBFr'), doing business as a corporation, (hereinafter called I'Contractor"). 'WITNESSETH WHEREAS, Owner and Waste Management of Georgia, Inc. entered a contract on about the 17th day of June, 2003, wherein Contractor, as Assignee of BPI Waste Services, LLC d/b/a BFI Waste Systems, LLC agreed to provide Owner solid waste collection services within certain sections of Augusta.--Richmond County known as 11 and 12 and llA and lIB in consideration of those charges to Owner as stated in paragraph 4 of a Contract dated March 5, 2002 between Owner and BFI Waste Systems, LLC. WHREAS, Georgia Waste Systems, Inc., an affiliate of Waste Management of Georgia, Inc. has been providing the services that Waste Management of Georgia, Inc. contracted to provide to Owner; and WHEREAS, Owner chose not to exercise its sole option and right to extend said Contract in said districts on or before March 31 2004 as provided in the contract documents dated March 5, 2002 (Section S~OS, "Contract Period'1; and WHEREAS, Owner and Contractor now desire that solid waste collection services ~ JUN. 4.2004 3:11PM 5 P H & B NO. 326 P.3/4 ~ continue after June 3,2004 in said districts without interruption; and WHEREAS, Owner further desires during the period June 3,2004 through June 3,2005 to enter another contract with Contractor with a charge therein to Owner based on Contractor's unit cost of service, provided Contractor must agree to such charge. NOW, THEREFORE, in consideration of the premises, the agreements herein, the monies to be paid and the servioes to be rendered the Owner and Contractor agree as follows: 1. Owner and Conttactor re-adopt the provisions of said Contract and related contract documents dated March 5,2002, effective on and after June 3,2004 excepting any term therein in conflict with the terms of this agreement. . 2. And, in lieu thereof, the parties do hereby agree as follows: The Contract tenn is extended by this extension agreement for a one-year term from June 3, 2004 through June 3, 2005. The Contractor agrees to perform all work as described in said Contract Documents as amended by this Extension Agreement for the period June 3, 2004 through June 3, 2005 in the following sums: Section 11: $302,696.00 Section 11A: $26,888.84; Section lIB: $76,078.83; and Soction 12: $456,011.00 3. Owner and Contractor readopt and incorporate by reference herein the agreement dated March 5, 2002, as amended hereby to a.pply to the aforesaid sections 11, 11A, lIB and 12. 4. In the event of a conflict between the terms of the agreement of March 5, 2002 and any previous amendment thereto executed prior to the date of this agrefmlent and this extension agreement, the terms of this extension agreement shall control. 2 ;;; JUN. 4.2004 3:11PM 5 P H & B ~ NO. 326 P.4/4 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, admin;strators, successors and assigns. 6, The parties agree to execute any other documents or take any other actions necessary to effect this Agreement. IN WITNESS 'WHEREOF, the parties have hereto executed, or caused to be executed by it's duly authorized official (s), this Agreement in five (5) copies, each ofwhicb aball be deemed an original on the date above first written. Owner: Augusta, Georgia, f/k/a Augusta.-Richmond County,' Georgia by and through its authorized representative: fj[} As its Attest: \ , AUGUSTA, GEORGIA BY:~~ As its Mayor GEORGIA WASTE SYSTEMS, INC. F:\SHEPI'AlWISTEVB\CI'I'fISWCON'l'RA CT., C1AW ASTMGMT-AME'NDMEN'l'.DOC. 3 ~ , ~.,l,o.... 7'. '( STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) SOLID WASTE COLLECTION CONTRACT EXTENSION AGREEMENT THIS AGREEMENT, made this 18th day of March, 2004 by and between Augusta Georgia, a political subdivision of the State of Georgia, (hereinafter called "Owner") and Inland Service Corporation, doing business as a corporation, (hereinafter called "Contractor"). WITNESSETH WHEREAS, Owner and Contractor entered a contract on the 5th day of March, 2002, wherein Contractor agreed to provide Owner solid waste collection services within certain sections of Augusta-Richmond County known as 16, 17 and 18 in consideration of those charges to Owner as stated in paragraph 4 of said Contract; and WHEREAS, Owner chose not to exercise its sole option and right to extend said Contract in said districts on or before March 3, 2004 as provided the contract documents (Section S-05, "Contract Period"); and WHEREAS, Owner and Contractor now desire that solid waste collection servIces continue after June 3, 2004 in said districts without interruption; and WHEREAS, Owner further desires during the period June 3, 2004 through June 3, 2005 . , to enter another contract with Contractor with a charge therein to Owner based on Contractor's unit cost of service. NOW, THEREFORE, in consideration of the premises of the agreements herein, the monies to be paid and the services to be rendered the Owner and Contractor agree as follows: ~ .. ~ 1. Owner and Contractor re-adopt the provISIOns of said Contract and related contract documents dated March 5, 2002 effective on and after June 3, 2004 excepting and deleting therefrom the last two subparagraphs of section 4 of said Contract. 2. And, in lieu thereof, the parties do hereby agree to substitute the following: The Contract term is extended by this extension agreement for a one-year term from June 3, 2004 through June 3, 2005. The Contractor agrees to perform all work as described in said Contract Documents as amended by this Extension Agreement for the period June 3, 2004 through June 3, 2005 in the following sums: Section 16: $783,300.00; Section 17: $106,900.00; and Section 18: $280,400.00. 3. Owner and Contractor readopt and incorporate by reference herein their agreement dated March 5, 2002, except as provided in this extension agreement. 4. In the event of a conflict between the terms of the agreement of March 5, 2002 and this extension agreement, the terms of this extension agreement shall control. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns, 6. The parties agree to execute any other documents or take any other actions necessary to effect this Agreement. IN WITNESS WHEREOF, the parties have hereto executed, or caused to be executed by it's duly authorized official (s), this Agreement in five (5) copies, each of which shall be deemed an original on the date above first written. 2 . . , -; Owner: Augusta, Georgia, fIkIa Augusta-Richmond County, Georgia by and through its authorized representative: AUGUST A, GEORGIA By ~ I~~ As its Mayor Attest: ful.~ //1 If/ar~ j) 777m~' AL/{fl>. Clerk INLAND SERVICE CORPORATION BY~ As Its Title: ' .../ -~ ~---; ... - - -- ~~- '. F: \SHEPP ARDISTE VEICITY\SWCONTRACTA UGDISPOSAL.DOC 3 ,..., ~,,- f. o , r :_ '''"' .'; ..1 ... .. AUGUSTA-RICHMOND COUNTY DEPARTMENT OF PUBLIC WORKS & ENGINEERING SUPPLEMENTAL AGREEMENT ~ WHEREAS, We, Inland Service Corporation Augusta-Richmond County on associated with the Section II Reference No. 03-008. BID No. 00-119 SUPPLEMENTAL AGREEMENT NO:...! , entered intQ a contract with , for solid waste collection services , BID No, 00-119 File WHEREAS, certain revisions to the solid waste collection service requested by Augusta- Richmond County are not covered by the scope of the original contract, we desire to ~;r' . submit the following Supplemental Agreement to-wit: Additional performance requirements to add ~pp Attal'hm(,JJt '';' It is agreed that as a result of the above modification the contract amount is extended for Year 3 (8/03/03 thru 8/03/04) - $1,312,400 Year 4 (8/03/04 thru 8/03/05) - $1,318,900 This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein, ~ " NOW, THEREFORE, - We, InLa..l1d Service Corporation , hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be - performed, under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. This A-'~ IJ. day of ~ , 2003_, RECOMMEND FOR APPROVAL: Approved: Date (SA02 - For chane:es e:reater than $10.000) ~ ....-:;..::.- ~~ ~-=; Approved: Date 17 .:.~~ ~ : ": : ?ii7;4l)Jt.f1 +-- Title: (j J C 2.- f', /-e. r: '-- ( Januarv 2001 ). " " "":" ATTACHMENT #1 SUPPLEMENTAL AGREEMENT #1 BID # 00~119 COLLECTION OF SOLID WASTE FOR PHASE I - SECTION 2 FILE REFERENCE 03-008 Please note the following performance requirement changes for supplemental agreement #1 for Bid # 00-119 (changes are in bold): GC-15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES: 1. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed. 2. The Contractor will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. 3. If the Contractor has not complied or has failed to complete the work within 24- hour period, then the liquidated damages shall occIir, which consist of a 5% penalty against the monthly unit fee. This penalty will be multiplied by the number of units affected by not completing the work in the specified time and by each additional 24 hour period after the initial 24 hour period. The penalty applies to 5 or more units in a 1/8 of mile area or an entire street or neighborhood in which the contractor has failed to complete the work. Ex. 25 units (missed) x 2 days x $13.25 x 5% = $33.16 (deducted from monthly) invoice 4, The 'Contractor shall not be, charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following and the Contractor has promptly given written notice to such delay to the Owner or Engineer. 4,1 To any preference, priority or allocation order duly issued by the Owner. 4.2 To unforeseeable causes beyond the control and without the fault of negligence of the Contractor, including but not restricted to , acts of God or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather; and Page 1 of 5 of Attachment #1 Bid No. 00-119 ,- , ' I 1( 4.3 To any delays of subcontractors occasioned by any of the causes specified III Paragraphs 4.1 and 4.2 of this Article. SC-26. COLLECTION REQUIREMENTS: 1. It is the purpose of the specifications to provide a framework for accomplishing the result in maintaining a sanitary environment for the residents of the City. This section addresses the collection of refuse from the Collection Area of the City as described in these specifications. The intent of the work is to collect all refuse placed out for collection within the Contract Area. a, Time of Collection: The Contractor shall collect all refuse placed on streets or easements in rollout containers provided 'by the Contractor. Contractor collection days will be determined from the bid schedule base bid or alternate bid. b. Containers: The Contractor will provide initial rollout containers, and recyclable bins, any replacement containers and bins, and additional containers and bins to customers to be served. The number of containers and bins distributed shall be solely the decision of the Contractor; however, the Contractor is required to provide a minimum of one rollout container and recycling bin per unit. Minimum rollout size will be 90 - 95 gallons. Specifications for rollout containers and recycling bins will be submitted for approval. Repairs to containers and bins shall be performed by the Contractor. This includes replacements of wheels, lids, hinges, axles and handles. c, Places of Collection: Normal Collections - Normal collection points for residential solid waste shall be curbside (adjacent to roadway) accessible to mechanized solid waste collection equipment. Cllstomers shall be notified by the Contractor, using materials pre-approved by the City, that: (l) rollout containers should be placed within two feet of curb with handles facing away from the street. (2) The container should be at least three feet from trees, mailboxes, cars, other rollout containers, yard waste, recyclables and other obstructions, (3) The collection vehicle should have clear access to the container. (4) All refuse shall be placed within the rollout container. Normal collection points will also include Designated Collection Areas in Multi-Family Housing Units and Designated Non-Residential Units. Rollout containers shall be carefully handled by the personnel and shall be thoroughly emptied and left: at the premise where they are found, standing Page 2 of 5 of Attachment # 1 Bid No, 00-119 '\ ": upright and with covers placed back on the rollout container, This work shall be done in a sanitary manner and any waste spilled by the Collector shall be immediately picked up by the Collector. 2. Yard Waste Collection: The Contractor shall provide curbside collection ,of yard waste which is composed of grass clippings, leaves, tree and shrubbery trimmings including branches, tree limbs, bushes, shrubbery cuttings and clippings of trees, shrubs or bushes. a. Time of Collection: The Contractor shall collect all yard waste placed on streets or easements on days as determined from the bid schedule base bid or alternate bid. . b, Place of Collection: Normal collection points for residential yard waste shall be at curbside (adjacent to roadway). c. Materials to be Collected: The Contractor shall collect all Christmas trees placed for collection. The Contractor shall collect all yard waste such as tree limbs not larger than four (4) inches in diameter nor longer than five (5) feet cmd stacked in pil~s not to exceed five (5) feet in height. Tree trunks larger than four (4) inches in diameter will not be collected. The maximum amount of yard waste in a pile shall not exceed five (5) feet in height by five (5) feet in width by ten (10) feet in length. The Contractor shall have the authority to decline to collect any tree or tree limbs where service has been performed for a fee by person (s) other than the property owner. The Contractor shall collect all yard waste placed in plastic bags. Such bags, if closed, shall be clear or transparent; customers may use opaque bags as long as they are left open, In no case may bags weigh more than fifty (50) pounds. No more~ than thirty (30) bags will be collected each collection day at each dwelling unit. In addition, the Contractor shall collect yard waste which is placed in twenty (20) or thirty-two (32) gallon refuse containers without affixing a lid, All leaves, straw, and grass clippings; yard waste, shall be bagged at curbside, Contractor shall properly dispose of plastic bags to avoid contamination of the yard waste stream. Page 3 of 5 of Attachment #1 Bid No, 00-119 ~ ,. .,r ':' The Contractor shall take yard waste collected to the Designated Disposal Facility as specified. In the event of yard waste set out at a unit in the Contract Area that does not meet the specifications above, the Contractor shall leave a clearly explanatory printed or hand written notice for the customer and notify the City within two hours. Following notification by the Contractor, the City will investigate the matter and advise the Contractor of its decision' and of any action that is required by the Contractor, If the City finds that the material set out did meet the specifications, the Contractor will be notified by the City and must return and pick up the yard waste within twenty-four (24) working hours of notification, If the City finds that the material set out did not meet . specifications, the Contractor will not be required to'return to the unit until the next regularly scheduled pick up. If, at the next regularly scheduled pick up, the material set out meets specifications, the Contractor shall pick up the material. 3. Bulky Waste Collection: The Contractor shall provide curbside collection of furniture, appliances, tires, and other items as identified in Contract Documents. a. Time and Place of Collection: The Contractor shall provide collection of bulky placed at the curbside on a weekly basis on the days determined by a schedule approved by the Owner. Collection point will be at curbside. b, Disposal: Bulky waste shall be delivered to Designated Disposal Facilities as specified in this document. 4, Container Collection - Dumpsters: The Contractor shall provide collection of refuse container at vanous locations as identified in attachment. a. Containers: Any existing City owned containers will be provided by the City at no charge to the Contractor. Any replacement and/or repair of contai8ners will be the responsibility of the Contractor. Page 4 of 5 of Attachment #1 , Bid No, 00-119 ...... .' b. Time of Collection: The Contractor shall collect all refuse from containers placed at various locations two (2) times per week. The Contractor is to provide a written schedule to customer after approval by the City. c, Place of Collection: All existing placements of existing containers will be ,considered as points of collection or as determined by the Engineer. SC-27. COLLECTION IM'PEDIMENTS: A number of collection impediments may require special efforts to accomplish this I ' level of service. ' 1, On Street Parking: Certain neighborhood streets permit "on street parking" which may present impediments to curbside collection services, especially automated services, The Contractor shall perform collection services even if the curb is blocked. No additional fees shall be payable to the Contractor for services provided under these conditions. 2, Infrastructure Renovation/Streets Blocked by Construction: Periodically major renovation is necessary to maintain the infrastructure of the City. This includes such activities as replacing gas, water and sewer lines, surfacing or resurfacing streets and replacing wiring for telephone, electricity or cable television. Alternate collection service must be provided during this period of disnlption, The Contractor should evaluate each circumstance individually to determine the appropriate alternative. The City shall be notified in writing of the nature of the disruption, its location and the alternative employecl to provide service. No additional fees shall be payable to the Contractor for services provided under these conditions. 3. Handicap/Spedal Needs:- Any physical or mental impairment would prevent a resident(s) from moving a 90 - 95 gallon container to and from the curb or designated collection point. Page 5 of 5 of Attachment #1 Bid No, 00-119 '/' ;< WASTE COLLECTTON CONTRACT EXTENSION AGREEMENT THIS ' 'REEMLNT, madt;; lhis 18\h day of March, 2004 by and b~lwccn Augusla Gl:orgia. a po lic:.I1 subdivision of lh..: Stille ur Ch;orgia. (h~reinalll..:r calk:J ."Owner") ;,nd 'al ;lod Recyclin!;. Il1c.. a corpor;\tion. t1oin~~ hll:-;incs~ al" ~ corporation, (hcn::inaftcr cal WITNESSETH . WIH.:R :AS, Owm:r .ind Conlr;.acwr enl~r~d a contr~'CI on th~ 5'" (.by (II' March. :W()::!. wherein ennt CI(lr ~lgreetl ,to provid..:Owner l'l)lid waSIl: colleclion services .within certain seclions or Au usta-Richmond Countyknown as 13. 14 and 15 in consideration of those charg~s to Ownt:r as 5t' ed in paragraph 4 of said Contrat;l~ and WHL':AS, Own..:r chose nOI to eXl.:rcise its soh.: (lPlion :lnu righl tll extend said Conlral..:t in said district 011 or hcli:m' M;lrch ~. 2004 as pnwided,\he contract document:; (Scc\i~)n S-05, "Contract Peri d:'): ;ind ~owner ....... " and Contractor now desire lhat solid. waste collection serV1Ct~ WHE continue after um: 3.2004 in said distrit.:ls without interruption: and ':^S. Owner rurll\l.;f desir..:s during (hI..: pail)d JlIn~ 3.2004 through June 3. 2005 to entcr annth r l:ontract with Conlractor with J charge therein to Owner based on Contractor's, , 'I ' .' . . ' , . unit cost ofsc ice," . NOW Tlll:REl-'OrU::, in c(lOsideration of lhe prl..:miscsof lh..:' agre..:rn..:nls h..:r..:in. Ihe mOlli..:s 10 b..: :.lld ami thl: s~rviccs to h..: r~ndered th..: Owner anJ Contractor agree as {'o\lOWl': t . d dEv:vO ~O 20 ^O~ 8S9!-26S-90L O..le 1;- .. I. 0 ner and ClH'lraetor re-adopt the prnvl:-<Ions or said Contract and related contract documc Its dat~d Mar~h 5. 2002 cff~ctive on and aftcr June 3. 2004 ~xcepting and "deleting Iherefro the last two '$ubparag~aphs of section 4 of said,Contract, 2, A 'd, in lieu thereof, the parLies do hcr(;oy ag,re~ 10 substitute the lo\lowing: The Contracl tl: I" iSl:XlcnJcd by this ext~nsion agrcemcnt fora one-year term from June ], 2004 throu!;h .1 I e 3, 2005" The C~)ntrnctor agrees to perforl11 all work as descrihed in said , I . Contract Docu ~nts as amended hy this Ext~nsjon Agreement for the pcri"od June 3, 2004 through June 3, OOS in the following sums: I Seclion 13: $451.348.00; Sl:ction 14: $4\,045.00: and Section 15: $144.545,00, 3, wnt::r and C(lI1tractor readopt and incorporate . by reference herein their agreement dut , March 5.2002. e:-;cepl as provided in lhis eXlension ~'grecJ1'\enl. 4. n Ihe event of ,l ~onnicl hetween tOi:: ten":; of the agreement of March 5, 2002 I ' , " " al'\d this extcn, on agre~ment. the terms of this cxtension agreement shall contToL , ' I " ' " 5, \s AgreemCnl shall be binding upon all partics hereto and their respective heirs, executors, ad linistrators, succ~ssors and a~signs: 6, execute ~,ny other documents or take ~\ny other action~ necessary to eet this Agreement. I IN W 'mESS WHEREOf, the partie::: have h~rcto executed, or causcuto be ~x~cul~d hy 'riz.ed official (s). this Agreemen\ in live (5) copies. each or which shall he deemed an origin:.ll 0 the date :.lbt\ve lirst wriucn, 2 2'd dEv:vO ~O 20 ^O'" 8S9t-26S-90L o..le :, Owner: Aug 'ta. Georgia., Ii'kia Allgu:-;ta-Ricnmond Counly. Georg,i~1 by and lhroul:~h ils ~luthorized rcpr 'cntativc: AUGUSTA. GEORGIA By: ~..... / __ As ils M;;yor --a- ~fj ^tll:sl: , ~h'I~J _,(",). _ . /J/t, ),'{I{:(l-Ldd_ </' If'). _ J. .-Li...LJ1.I.- ~,Clcrk ,'. ^UGlJST^ DISPOSAL AND RECYCLING, INC. By('01 ~- ~~l~~ -'?W~I'~ ^\l..:~l: '~~d ,~I." ~M;~~?tf I f':\SI II-:!'I '..I Ii/ \\sn':/ ':',( O/Fl'\SW( '(wnIA{ "/:/lII(;/'IIS/'{ IS", I,.!'!)' . r 3 EOd 8S9!-26S-90L O..le dEv:vO ~O 20 ^O'" . . . I Change Order Number: 2 Date: 07-23-02 Project Title' Solid "Waste Collection Phase II Original Contract Date: Project Number: 02-053 Owner:' ARC P.O. Number:' NA- Contractor: BFI The following change order is here'by made to the proposal for the above project: See Attached (Section lIB) TOTAL AMOUNT OF TIDSCHANGE ORDER $ 122.303.53 The Contract time wilt' be Increased!D~creased by ~ calendar days as a resUlt of this change. The date of completion including this change order is s,ame a!'; or; ginal contract. Original Contract Amount $ 1.451.729.00 Previous Change Order (Increased / Decreased) , $51.479,86.00 TIus Change Order (Increased / Decreased) $ 122.303.53 TOTAL CONTRACT WITH CHANGE ORDER(S) '$ i.625,502.39 ************* 542-04-4210-5222110 - : R~questedBy: ,'Date: '1- ~-()2. Date: ~/Z?(o?- Submitted By' Date: Date: Approved By:' Date: Date: Accepted. By: - COPIES: Purcha 'ng, Geri Sams Finance Department, Kakoli Basu Public Works Engineering, Linda CraWford ~. '. Change Order Number: 2 Date: 07-23-02 Project Title Solid 'Waste Collection Phase II Original Contract Date: Project Number: 02-053 .owner: ARC P.O. Number: NA Contractor: BFI The following change order.is hereby made to the proposal for the above project: See Attached (Section llB) TOT AL AMOUNT OF TffiS CHANGE ORDER $ 122.303.53 The Contract time will be Increased/Decreased by -L calendar days as a result of this change. The date of completion including tins change order is same as original contract. Original Contract Amount Previous Change Order (Increased / Decreased) TillS Change Order (Increased / Decreased) TOTAL CONTRACT WITH CHANGE ORDER(S) ************* $ 1.451.729.00 $ 51.479.86.00 $ 122.303.53 $ 1.625,502.39 Date: 1- 6:;-()2 Submitted By- Date: -;/z,'?(o?- / Date: Date: Approved By: Date: Accepted By: Date: COPIES: Purcha .ng, Geri Sams Finance Department, Kal(()li Basu Public Works Engineering, Linda Crawford ..-.;, y I. Change Order Number: 2 Date: Project Title Solid Waste Collection Phase II Original Contract Date: Project Number: 02-053 Owner: ARC P.O. Number: NA Contractor: BFr The foUowing change order is hereby made to the proposal for the above project: See Attached (Section llA and math error on original contract of $30.00) TOTAL AMOUNT OF TillS CHANGE ORDER ,~ '51.479.86,,: The Contract time wiU be Increased/Decreased by ~ calendar days as a result of J this change. The date of completion including tins change order is 0a...me Q~ cr\,\\17cJ)QO~ - Original Contract Amount $ 1.451.729 Previous Change Order (Increased / Decreased) $ 0.00 This Change Order (Increased I Decreased) $ 51.479.86 TOT AL CONTRACT WITH CHANGE ORDER(S) $ 1.400.249.14 ************* Funding Source/AccOlmt Number: 542-09-4210-5222:1:10 Date: 1/ Z~/D 1.; , f Date: -;('2 3/0 -z. Date: c?/~/iJ~ Date: ?"~~'- Date: l' //7 /o2/' Date: ?!13/0:;L I I Requested By: Submitted By' Recommended By: Approved By: Accepted By: COPIES: Purchasing, Geri Sams Finance Department, Kakoli Basu Public Works Engineering, Linda Crawford UBLIC WORKS AND ENGINEERING DEPARTMENT Teresa C. Smith, P.E, Director Office of Solid Waste 4330 Deans Bridge Road Blythe, Georgia 30805 (706) 591-9634 - Fax (706) 592-1658 July 23. 2002 Jeff Washingwn BFI Waste Services, LLC 683 Commerce Court Evans. Georgia 30809 RE: Solid Waste Collection - Phase II Change Order No, Two Bid Number: 02-053 Reference File No: 02-008(B) Dear f\;lr, Washington: This lett..::r is \vritten notitlcation to proceed. This Notice to Proceed is for Change Order Number Two Lo add S~ction 11 B to l"!le Solid Waste Collection Contract. All conditions, provisions. and reqLlirements of the origiual contract shall apply to this section 01"" r:I1t.:: subject contract. As stated in the letter dated June 26.2002 from Avis Brown, service in Section 118 should commence the week of August I, 2002. A route map and sbeets for this area should be provided as soon as possible, but no Inter than \,vednesclay. July J 1. 2002. A draft service unit list should be submitted by July 26. 2002 along with a revised pay schedule. Should you have any questions or require additional information, please contact Shawnda Bender or Avis Brown at 592-2085. Sincerely. ~~t~E~mv04 DirectOl'. Public Works & Engineering TeS/nab cc: Solid Waste File "\ ,~~ SECTION 11 A uu~ vOmmeL~~- ~Otir-~ Evans. GA 30309 ' 706-860-70-10 '" Jeff washington. Genera Mana.,.ge ; BASE BID L' Refuse and: Yaref Waste CdlreCtion at Curbside. Two (2) Days Per \Veek Pick-Up For Refuse and One (1) Day Per 'Week Pick-up, On Yard. Waste. Y e.:1 r, .1.. $17. Q3.6..4,9., ,.. .- Ye:rr2 $17. s-77-. 2"4 Year 3 $17.985.38 Yea r 4 $18.614.93 (Q@~ . -~ 2. Bulky \V:Jste Collection at Curbside One (1) Day Per Week Pick-UpFor Bulky \Vaste: Ye:lr 1 $4.740.12 Year 2 $4'.834'.90'- Ye:lr3 $5..004.13 Yenr4 $5.179.21 3. Recyclables Collection at Curbside One (1) Day Per \Veek Pick-Up for , Recycl::J.ble ~1o.[erbIs: , Year 1. S3. 693. 60 Ye:ir!' $3'.767.51 Year3 $3,899.33 Ye:lr4' $4.036.04 GC::ln.c:l Lo.tAL $,1.0,6..1.68,..8,8, \ - - \J'J H . .. ..... .......' ........ 'J . .,. VI III _' I i iT '" '" ~ 1-'" V....I .. \".' 1 r', : \. I \ ,..... '", '..' 'J L I V V 11 U . L" lOr, '~, A SCHEDULE' OYPRICES . SECTION llB + ,400 UNiTS BASK BID '. 1. Refuse aDd Yard Waste Collection at Curbside. Two (2) Days Per Week Pick-Up For Refuse and''Une (1) ITay P"er Week Pick-up ou Yard Waste. Year 119 ,-8050:-. ~" Year 2 41,970.07 Year3 50,896.74 Year 4' 53,246.83. 2. Bulky Waste Collection at Curbside One (1) DayPer Week Pick-Up For Bulky Waste: Yearl. lC079'~65: Year2'. U.668.-8-I'" Year 3' 14, f50'.'66.. Year4' 14',804.05 , 3. Recyclables Collection at Curbside One (I) Day Per Week Pick-Up' for Recyclable Materials: Year 1 8.637.36 Year 2 9,096:65 Year 3 11, 031. 43 Year 4 11.540.79 - Grand 'faUlL, 27.1,974.04-. ' Sep 07 2004 10 IGAM CL~RK OF CO~MISSION ?06 821 1838 p. 1 , AUGUSTA-RICHMOND COUNTY DEPARTMENT OF PUBLIC WORKS & ENGINEERING SUPPLEMENTAL AGREEMENT BID No. 00-119 SUPPLEMENTAL AGREEMENT N02 S. We. ~u,g.psta Di!olDrnlsl &~ecvcliD2. , entered into a contract with 'chmond County on , for solid waste collection services with the Sed ion m . BID No. 00.119 File No. 03..008. S. certain revisions to the solid waste collection service requested by Augusta. County t\te not covacd by the scope of the orieinal contract, we desire to following Supplemc:ntaJ Agreement to.wit: that as a result of the above modification the contr:lct amount is extended for 3/03 thru 8/03/04) - S 991.149 3/04 thru 8/03/05) . $1,03J,581 cnt in no way modifies or changes the original contract of which it becomes ~t ~ specificnfly stntcd herein. NOW. T EREFORE. We. AU2u~t8 Oi$l)()!laJ & Rccvclin2. hereby agree to s~d Suppleme tal Agreement consisting of the above mentioned items and prices. and agree that this pplemental Agreement is hereby made a part of the original cOntract to be porfonnc under the spCci.fications thereof. and that the original contract is in full force and ctfec except insofar as it might be modified by this Supplemental Agreement This day of -a. ,~ ., J ND FOR APPROVAL: .2003 Approved: D<1t~~ ~~~~..~~~~ Approved: Dnte ~ ~ 1.. l ~ ]...oc'3> (ATTACHED CORPORAT SEAL) A IT1(ST: . u..f '. t.-L,~ ""-e...YcsL-o~s.. Title' 7ne~1 ~ (SA02.. For hanllc, lI1'eIller than $10,000) Januarv 200 J I'd 8S9I-26S-90L o.Je dOv:SO ~o IO ^O'" ~_n n~ ?nn4 1 '17QM rl ~g~ n~ r.nMMT~~TnN Se-p 07 200-. E'd SC-26. :1SRM CLERK OF COMMISSION 7n~ R? 1 1 R:1R 70S 821 1838 p.5 p.3 4.3 any delays, of subcontractors occasioned by any of (he causes specified In agraphs 4,1 :ind 4.2 of this Article. , UI 11 is the plUpose of the specific::ltions to provid.e a frnmcwork for accomplishing the result in maintaining a sanitary environment for the residents of the Cill', Thi~ section addresses the collection of refuse from the Collection Area of the City as described i.n these specifications, The intent of the work is to collect all refuse placed out for collection within the Contrnet Area. a, Time of CoHection: The Contractor shall collect all refuse placcd on streets or easements in rollout containers plovidod by the Contractor. Contractor collection days will be determined (rom the bid l;chcdulc base bid or alternate bid. b, CODtainers: Tbe Contractor will provide initial rollout containers, and recyclable bins, :my replacement containers and bins, and additional containers and bins to customers TO be served, The number of containers Wld bins distributed shall be solely the decision of the Contractor; however. the Contractor is required to provide a minimum of one rollout container and rccyclin~ bin pC:l" unit. Minimum rollout size will be 90 - 95 gallons, Specifications tor rollout containers and recycling bins will be submittod for approval. Repairs to containers and bins :iliall be pl::fformed. by the Contr~tor. This includes replacements of wheels, lids, hinSCl;. axles and handles. c, Places of Collection: Normal-Collections - Normal collection points for residential solid waste sh.aJl be curbside: (adjacent to roadway) accessible to mechanized solid waste collection equipment. Customers &hall be notified by the Contractor, using materials pre-approved by the City, that: (1) rollout containers should bc placed within two feet of curb with handles facing Qway (rom the ~ttccl. (2) The container should be at least three feet from trees, mailboxes, cars, otherrolloul containers, yard waste, recyclables and other Ob8tructions. (3) The collectioll vehicle should have clear liCccss to the container. (4) All refuse shall be placed within the rollout container. Normal collection point.'l' will also include Designated Collection Areas in MuJti-FlUJIily Housing Units and Designated Non-Residential Units. Rollout containers shall bc carefully handlod by the personnel and shall he thoroughly emptied and left at the premise where they are foUnd, stD.nding Pa.ge 2 or ~ of Attuchrru:n' /II Bid No. ()(}"119 BS9t-26S-90L dtv:SO vO to ^O", o.Je Spp 07 2004 1 : lSAM CLERK OF COMMISSION 706 921 1939 p. 1 AUGUST A-RICHMOND COUNTY DEP ARTMENT OF PUBLIC WORKS & ENGINEERING SUPPLEMENTAL AGREEMENT BID No. 00-119 SUPPLEMENT AL AGREEMENT NO:...! S. We. Au~ Oisnoul & Reevc:liDI! . entered into a contract with 'ChroOlld COWlty on . for solid ~LC CQU~clion services with the Section III .810 No, 00-119 File No. O~-008. S, certain revisions to the solid waste collection service requested by Augusta- County a.rc: not covered by the scope of the original contract, We desire to following Supplemental Agreement to-wit: A ditional perfonnancc requirements to add This agrc ment in no way modifie~ or changes the original contract of which it becomes a part, ex cpt as spccificnlly ~tD.tcd herein, th:1t as a result of the above modification the contract amount is extended for 03/03 thru 8/03/04) - $ (1)1,149 03/04 lhru 8/03/05) . $1,031,.581 NOW, Supplem tlut this pert01'me and effcc EREFORE. We, AUl!o,ta J)i~D~81 & RecvdiDe. hereby agree to said tal Agreement eooib-ting of the above mcotiooed items and prices, nnd agree upplemental Agreement is hereby made a part of the original con1ract to be under the specifications thereof, and that (he original contra.cl i~ in full torce: except insotar a~ it might be: modified by this Supplemcntnl Agreement This day of a ,~ .2003_, RECO ;;z;t t) '~~"L-~~~ - -.(Z} I V Approved; Date J.. ~ 7- ( ~3 (ATTACHED CORPORAT SEALl A TIF.ST= ~"l-L:~~.~oL..o~L.A.s.. Title' 7[1.(2C"~, ~ (SA02 - F ~t\l~lI~~ lire-liter thllD S 10.000) Jlll1UllN lOQ 1 2'd 8S91-26S-90L o.Je dO~:SO ~O to ^O~ I ~ I ~ I I I I I I I . I ~ I I I .1 I _I I I I I I I ,I I III .Ii CONTRACT DOCUMENTS AND SPECIFICATIONS FOR. COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING AND BULKY WASTE SECTION I, IV, V, VI, VII, VIII, IX AND THE DUMPSTER SECTION REFERENCE NO.: 2000-008(B) PREPAREDJ1Y PUBLIC WORKS AND ENGINEERING DEPARTMENT FOR AUGUSTA-RICHMOND COUNTY COMMISSION COUNCIL ROOM 701, MUNICIPAL BUILDING 530 GREENE STREET, AUGUSTA, GEORGIA 30911 AUGUST 2001 II CERTIFICATE OF INSURANCE (25-S 3/88) 'Iss,ue Date 06/14/2001 P;~dU~;;:;:::;:::;:::;:::;::=:;:::;:::;:::;::=:;::====:;:::;:::;::==:;:::;:::;::===Thi~=;;;tifi~;t;=i~=i~~U;d=;~=~=;;;~tt~;=;f== BUDGET'INS ASSOCIATES information only and confers no rights upon P.O. BOX 1938 ' the certificate holder. This certi:Eicate doel HEPHZIBAH GA30815 not amend1 extend or a,lter coverage afforded (706) 592-5224 by the po icies below. Code Sub Code ~~~~~t air A - - ~r:~r:~ -I-~s-.- -~~ - - - - - - - - - - - - - 7630 ~g~~~~~L~~~-I~;:-C;:------------------ l.nsured Company Letter C- - - - - - - - - - - - -- -,- - ----,---'---- CSRAWASTE INC KESTERUZOCHUKWU PO 'BOX 211215 'Company,Letter D---------------------------- AUGUSTA,GA 30917 Company Letter E---------------------------- COVERAGES = = = = =:;:::;:: =:;:::;:: = == = = = = == == = = ==='=,========.= ======= == = :;::,==== ====== ========,=.===== This is to certify that Qolicies of insurance listed below have been issued to the insured named above ror the period indicated notwithstanding any requir@e ' ment , term or condition of any contractor other document with respect to which this certificate may be lssued or may pertain, the insurance' afforded by the policies described herein is subject to all the terms exclusions and condltions of such policies. Limits shown may have been reduced by paid claims ------.-------------------------------------------"---._-----------------.-~-_._._-.---- I Type of Insurance IPolicy Number IEff Date!ExpDatelLiability Limits --------------------------.---------------------------------"-----------------.---- A GENERAL,LIABILTTY GLG12556 08/31/00 08/31/01 General Aggregate Commerclal General 1,000,000 Liability Prod-Comp/Ops Agg. l,OOO,OOD " Per.& Adver. In]. 1,000,000 Each Occurence 1(000,000 Flre Damage 5,090 Medlcal Expense ;" ....... ,,_ I, 0 0 0 - - -' -'.- - --- -. - - - - - - - - - -' - - - - - - -- _._.~~- - -. - - - _.- - - - - - - - - '- - - - -' - - - - - - - - - - - - - - - - - - - - - - - - - - B AUTOMOBILE LIABILITY CA 073684 01/06/01 0J./06/02 Comb. Single Limit Any Auto ' . 25/50/25 Al Owned Autos X Scheduled Autos Bodily Inju~ Hired Autos Person/Accident} Non Owned Autos Garage Liability Property Damage CIEXCESS Liibility Other than Umbrella --------------------------------------,---------------------------,------------ DIWOR"ANDKERlSCOMPENSATION Statutory Each Acrc EMPLOYER'S LIABILITY Dis. Llm Di8. Emp I' -------------------'.------,-------------------------------.--------------------- EIOTHER Commercial Auto DESCRIPTION OF OPERATIONS/'LOCATIONS/VEHICLES/RESTRICTIONSjSPECIAL 'ITEMS::=:;;:;:;;;;:;;;;::;::~ GARBAGE DISPOSAL ' , ' - - - - -....;, - -'-'-'--'- ----.-,,;..;....;...-..-.-.- -'- - - - - - - - - - - - - - - -,- - - -,- - - - - - - - - _.- - - - -.- - - - - - - - -,-'---'- -'-'-"- - -_. . . '. ' - . - . Should any of the above described policies be cancelled before the e~iration date thereof. the issuing company will endeavor ,to mail 10 days written notice to the certificate holder., but failure to mail such notice shall impose nO,obligat;:ioI1 or liability ofanY,~ind upon the, company, lts agents or representatlve.' CERFIFICATEHOLDER AUGUSTA ,RICHMOND COUNTY COMM 530 GREENE ST MUNICIPAL ,BLDG AUGUSTA GA 30901 - - - - - - - - - - - - - -,- - - -'- - - -'-- - m- - - - - - - - - AUTHORIZED REPRESENTATIVE =================='========.============================= _=- M ACORDTM CERTIFICATE OF LIAS'ILiTY INSURANCE I DATE (MMlDDIYY) 06/14/2001 PRODUCER (706)650-6000 FAX (706)650-6001 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Blanchard & Calhoun Ins Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POBox 212359 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Augusta, GA 30917-2359 INSURERS AFFORDING COVERAGE INSURED CSRA Waste Disposal INSURER A: Legion Insurance Co PO Box 211215 INSURER B: Augusta, GA 30917 INSURER C: INSURER D: I INSURER E: COVERAGES : THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING , ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, : INSR TYPE OF INSURANCE POLICY NUMBER P8l-+~~~Ug8;Wf Pg~!f:t~~b~N LIMITS ; LTR GENERAL LIABILITY EACH OCCURRENCE $ - COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ , i PERSONAL & ADV INJURY $ J - GENERAL AGGREGATE $ - i GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG $ "i I nPRO- n POLICY JECT LOC I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I I- (Ea accident) $ ANY AUTO I I- , ALl. OWNED AUTOS BODILY INJURY , I- $ I (Per person) SCHEDULED AUTOS I- HIRED AUTOS BODILY INJURY I- $ NON-OWNED AUTOS (Per accident) l- I- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ ~ OCCUR D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ~C30653129 04/01/2001 04/01/2002 I T~~-nrJgs I IUd~- EMPLOYERS' LIABILITY 500,000 A E.L. EACH ACC'DENT $ E.L DISEASE - EA EMPLOYEE $ 500,000 E,L. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ; CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICtES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL AUGUSTA RICHMOND CO COMMISSIONER ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, MUNICIPAL BLDG BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 530 GREENE ST OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES, AUGUSTA, GA 30901 AUTHORIZED REPRESENTATIVE ~ \-\. Morris Moss/TER fJ..-...... ACORD 25-S (7/97) @ACORDCORPORATION 1988 ~~6 ~ "f I. , I I I I I I I I I I I I I I I I I I I INVITATION TO BID Sealed Bids will be received at this office until 11 :00 a.m., October 17,2000 FOR FURNISHING: BID ITEM # 00-119 - The Collection of Residential/Commercial Solid Waste, Recyclable Materials, Yard Waste and Bulky Waste. All work shall be in accordance with the contract documents of the Department of Public Works and Engineering. Copies of the Contract Documents may be examined during regular business hours at the Engineering Office, 7lh Floor Municipal Bldg, Augusta. GA and at the following locations: F. W. Dodge Division Plan Room, Augusta. GA.; CSRA Business League, Augusta, GA. Copies may be obtained for bidding purposes at the Purchasing Department upon payment ofS25.00 (Non-refundable) for each set of documents issued. Bids shall be addressed to Augusta-Richmond Purchasing Department, Room 605 Municipal Bldg. Augusta. GA 30911 marking the envelope: ' Bid rtem # 00-119 - Collection ofResidentiallCommercial Solid Waste Bid Bids shall be completed and submitted as described in the Information for Bidders section of the contract documents. A Bid Guarantee, Performance Bond and a Labor & Material Payment Bond will be, required. No bid may be withdrawn for a period of ninety (90) days after the date and time set for the receipt of bids. NOTE: ALL BIDDERS WILL BE REQUIRED TO ATTEND A MANDATORY PRE-BID CONFERENCE TO BE HELD AT THE PURCHASING OFFICE AT 2:00 P.M., SEPTEMBER 27,2000. Bids will be received by: The Augusta-Richmond Commission hereinafter referred to as the OWNER as the offices of: Geri A. Sams The Augusta-Richmond Purchasing Department 530 Greene Street- Room 605 Augusta, Georgia 30911 I I I I I I I I I I- I I I I I I I I .1 It is the wish of the Owner that minority businesses are given the opportunity to bid on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportUnity for business growth and development. The Owners reserves the right to reject any or all bids and to waive technicalities and informalities. Please mark Bid Item Number on the outside of the envelope. Bidders are cautioned that sequestration of bidding documents through any source other than the office of the Purchasing Department is not advisable. Acquisition of bidding documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his proposal. GERI A. SA1'\1S, Purchasing Director Publish: Augusta Chronicle - 9/7/00,9/13/00,9/18/00,9/25/00 Metro Courier -9/13/00 I I I I I I I I I I I I I I I I I I I PROPOSAL FOR COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING & BULKY WASTE Project Reference 2000-008(B) Augusta-Richmond County Commission-Council Municipal Building Augusta, Georgia 30911 Gentlemen: The undersigned as bidder, herein referred to as singular and masculine, declares as follows: 1. The only parties interested in the proposal as principals are named herein; 2. He has carefully examined and fully understands the Contract Documents, including the drawings and technical specifications; 3. He has made personal examination of the site of the proposed work. He has satisfied himself as to the actual conditions and requirements of the work; and hereby proposes and agrees that, if the Proposal is accepted, he will contract with Augusta-Richmond County to furnish all machinery, tools, apparatus and other means of collection. Also, to do all work and furnish all materials called for in accordance with the requirements of the Director of Public Works, and the true intent of the Contract Documents. He will take in payment for each item of work, thereof, the unit or lump sum price applicable to that item as stated in the schedule below. (Note: Bidders must bid on each item.) 4. Augusta-Richmond County reserves the right to select item 1 or 2 on each section of the Bio sheet, and may elect to exercise the option of selecting or rejecting item 3 and/or item 4. Augusta-Richmond County reserves the right to reject any and all bids. BB-l I I I I I I I I I I I I I I I I I I I INFORMATION FOR BIDDERS Bids will be received by Augusta-Richmond County Commission-Council, Georgia, (hereinafter called the "Owner"), at the office of the Purchasing Director untilll a.m., ~2000 and then at said office publicly opened and read aloud. Each bid must be submitted in a sealed envelope, addressed to Mayor and Augusta- Richmond County Commission-Council at City-County Municipal Building, Augusta, Georgia 30911. Each sealed envelope containing a bid must be plainly marked on the outside as bid for COLLECTION OF SOLID WASTE, YARD WASTE RECYCLING .A.ND BULKY WASTE and the envelope should bear on the outside the name of the bidder, his address and his license number, if applicable. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed the Mayor and Augusta-Richmond County Commission-Council, c/o Clerk of Commission-Council, City-County Municipal Building, Augusta, Georgia 30911. All bids must be made on the required bid form, All blank spaces for bid prices must be filled in, in ink or typewritten, and the bid form must be fully completed and executed when submitted. Only one copy of the bid form is required. The Owner may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof, Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within sixty (60) days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the bidder. Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by examination of the site and a review of the drawings and specifications including addenda. After bids have been submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done. The Contract Documents contain provisions required for the implementation, performance, and construction of the project. Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the Contract. Each bid must be accompanied by a bid bond payable to the Owner for five percent of the total amount of the bid. As soon as the bid prices have been compared, the Owner will return the bonds of all except the three lowest responsible bidders. When the Agreement is executed the bonds of the remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the payment and performance bond have been executed and approved, after which it will be returned. A certified check may be used in lieu of a bid bond. IFB-l I I I I I I I I I I I I I I I I I I I A performance bond and a payment bond, each in the amount of 100 percent of the contract price, with a corporate sUrety approved by the Owner, will be required for the faithful performance of the Contract. Attorneys-in-fact who sign bid bonds or payment bonds and performance bonds must file with each bond a certified and effective dated copy of their power of attorney. The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance bond and payment bond within ten calendar days from the date when notice of award is delivered to the bidder. The notice of award shall be accompanied by the necessary Agreement and bond forms. In case of failure of the bidder to execute the Agreement, the Owner may at his option, consider the bidder in default, in which case, the bid bond accompanying the proposal shall become the property of the Owner, The Owner within ten days of receipt of acceptable performance bond, payment bond and Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the bidder may, by written notice, withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. The notice to proceed shall be issued within ten days of the execution of the Agreement by the Owner. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and the Contractor. If the notice to proceed has not been issued within the ten day period or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party, The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by or investigation. of such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Agreement and complete the work contemplated therein, A conditional or qualified bid will not be accepted. Award will be made as a whole to one bidder for each section. All applicable laws, ordinances and rules and regulations of all authorities having jurisdiction over the construction of the project shall apply to the contract throughout. Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any bidder to do any IFB-2 I I I I I I I I I I I I I I I I I I I of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid. The low bidder must supply the names and addresses of major material suppliers and subcontractors when requested to do so by the Owner. Inspection trips for prospective bidders will be conducted by the Owner if requested in writing by the bidder. Such request shall be directed to the Director of Public Works by the bidder. The bidder agrees to abide by the requirements under Executive Order No. 11246, as amended, including specifically the provisions of the Equal Opportunity clause set forth in the Supplemental General Conditions. The engineer is the Director of Public Works. All bidders are encouraged to utilize, to the maximum extent possible, local labor forces and suppliers of materials which have residences, offices or places of business within Augusta- Richmond County, Georgia. While Augusta-Richmond County encourages the utilization of local laborers and supplies on a purely voluntary basis on local public works projects, nothing contained herein shall impose any legal or contractual obligation for any bidder to do so. IFB-3 I I I I I I I I, I I I I I I I I I I I STATE OF GEORGIA COUNTY OF RICHMOND ) ) AGREEMENT THIS AGREEMENT, made this 15 --,;;;f day of'1Y7 ~ . 1 ,2001, by and between the Augusta-Richmond County Commission, hereinafter called "Owner" and CSRA Waste, Inc. , doing business as a corporation, hereinafter called "Contractor. " WITNESSETH: That for and in consideration of the payments and agreements as hereinafter mentioned: 1. The Contractor will commence and complete, or cause to be completed, the project of COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING AND BULKY WASTE in compliance with the Contract Documents and within Sections I. IV. V, VI. VII, VIII. IX, and Dumpster Section of Au~usta-Richmond County, as said Sections are more particularly described in an attachment to the "Contract Documents" as herein defined. 2. The Contractor will furnish, or cause to be furnished, all materials, supplies, tools, equipment, labor and other services necessary to comply with its obligations under the "C(mtract Documents" as herein defined. 3. The Contractor will commence, or cause to be commenced, the work required by the Contract Documents no later than August 3, 2001, and will ,continue said work for a term of two (2) years ending on August 3,2003, unless the Contract is, at Owner's sole option, extended for additional terms as provided in the Special Conditions of the "Contract Documents" as herein defined. I I I I I I I I I I I I I I I I I I I 4; The Contractor agrees to perform, or cause to be performed, all the work described in the Contract Documents for the period August 3.2001 through August 3. 2002 for the following sums: Section I: 336.036 Section VI: 679.580 Section IV: 152.444 Section VII: 239.216 Section V: 458.240 Section VIII: 403.970 The Contractor agrees to perform, or cause to be performed, all the work described in the Contract Documents for the period August 3. 2002 through August 3. 2003 for the following sums: Section I: 336.036 Section VI: 679.580 Section IV: 152.444 Section VII: 239.216 Section V: 458.240 Section VIII: 403.970 In the event the Contract term is extended for an additional one-year term as provided in the "Contract Documents", the Contractor agrees to perform, or cause to be performed, all the work described in the Contract Documents for the period August 3. 2003 through August 3. 2004 for the following sums: Section I: 347.381 Section VI: 702.606 Section IV: 157.660 Section VII: 247.233 Section V: 473.934 Section VIII: 417.340 In the event the Contract term is extended for an additional one-year term as provided in the "Contract Documents," the Contractor agrees to perform, or cause to be performed, all the work describe~in the Contract Documents for the period August 3.2004 through August 3.2005 for the following sums: Section IX: 879.000 Dumpster Section: 106.920 Section IX: 879.000 Dumpster Section: 106.920 Section IX: 908.583 Dumpster Section: 111.197 2 I I I I I. I I I I I I I I I I 'I I I I Section I: 347,381 Section VI: 702.606 Section IX: 908.583 Section IV: 157.660 Se~tion VII: 247.233 Dumpster Section: 111.197 Section V: 473.934 Section VIII: 417.340 5. The Contractor agrees to provide to the Owner, within ten (10) days of the date of notification of acceptance of his proposal, performance and payment bonds in the amount of $1.381.599.00, which amount is equal to 50% of Contractor's total 2001 base bid sum. 6. The term "Contract Documents" means and includes the following: Advertisement for Bids Information for Bidders Proposal Bid Bond Notice of Award Agreement Performance/payment Bond Certificate of Owner's Attorney Notice to Proceed Change Order General Conditions Supplemental General Conditions Special Conditions Technical Specifications Drawings Addenda: 7. The Owner will pay to the .<:ontractor in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents, 8. Contractor agrees to use its best efforts to enter into subcontracts with, but not limited to, the following haulers, to wit: A-I Sanitation, Allied Environmental Service, Augusta Disposal & Recycling, Inc., Berry Smith Sanitation, Coleman Sanitation, Deleo Sanitation, Hester Sanitation Company, Metropolitan Waste, and 0 & H Sanitation, which subcontract will , , assign an area of responsibility within the above listed sections to such subcontractor. will Contractor, as a part of the subcontract, shafl provide to each subcontractor approved vehicles 3 I I I 'I I I I I I I I I I I I 'I I I I ~~. and equipment suitable to complete the work described in the Contract Documentsf-Such subcontract shall be subject to Owner's written approval, which approval shall not unreasonably be withheld. Nothing herein shall be construed as relieving Contractor of its obligation to complete the project as described in the Contract Documents, and Owner shall look solely to the Contractor in ensuring that the project is completed in accordance with the Contract Documents. 9. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 10. The parties agree to execute any other documents or take any other actions necessary to effectuate this Agreement. 11. All claims, disputes and other matters in question between Owner and Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia and the Contractor specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest the jurisdiction and venue in said court. 12. Contractor acknowledges that all records relating to this Agreement and the services to be provided under the contract may be a public record subject to Georgia's Open Records Act (O.c.G.A. 9 50-18-70, et seq.). Contractor shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law, [SIGNATURES ON NEXT PAGE] 4 I I I I I I I I I I I I I I I I I ,I I IN WITNESS WHEREOF; the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in five (5) copies, each of which shall be deemed an original on the date first above written. ~ OWNE : ~tsP Y: , AME: . ~D~ . (Typ STA-RJrCHMOND COUNTY COMMISSION .....- ,'..' . (SEAL) ~. ", ATTESJ: ~. -' .. . ,. :"':0 - """ ~= TITLE: "1c-\~ BY: CONTRACTOR: \ In, BY:~~ r~S~fS(<.. V1.OctkJ KW4 (Type or Print) ?~~\~t (SEAL) " ,,~-- . ~ ~ . "':'" , -'\ ~.: t.. ~. ~ ~ .. :~~ ~~~:.. ~ ~' ~:: ,."" ~:' f ~e ~,.:.~ ~ .\ ....~....~A;;:..?,,-\.:- €" --, -......~..:~.._J&..'... ....f'" ...s .........,.. NAME: ATTEST: TITLE: BY: AS ITS, 5 I I I I I I I I I I I I I I I I I I I SCHEDULE OF PRICES SECTION 1 + 2478 UNITS BASE BID 1. Refuse and Yard Waste Collection at Curbside. Two (2) Days Per Week Pick-Up For Refuse and One (1) Day Per Week Pick-up on Yard Waste: 2001:t ). )S 3 6.3 2 ==- 2. Alternate: Refuse and Yard Waste Collection at Curbside. One (1) Day Per Week Pick-up for Refuse and One (1) Day Per Week Pick-up on Yard Waste: 'j ). '3. 9, .~ 0 2001 ^ :2. J.-. 3 (1 ~ U 2 ~ '). '8 7 '7 ':1 6A F;7 '7 2002 2003 2004 2002 2003 2004 ). 3 3 G ~. ::2- :;L<iLf-'1'71 ;2 CJ If'-l '7 '7 3. Bulky Waste Collection at Curbside One (1) Day Per Week Pick-Up For Bulky Waste: 2001 l 'Z$" c 0 1 ~' -, U 2002 1",,;, 2003 7 ~v D 2004 7 ~ 'C~ .'0 4. Recyclables Collection at Curbside One (1) Day Per Week Pick-Up for Recyclable Materials: . 2001 2002 2003 2004 44 ~ C t.( 4-4- ~ (I if 4+ bOLf- 44- t:/o If- I I I I I I I I I I I I I I I I I I I SCHEDULE OF PRICES SECTION 2 BASE BID :t 8218 UNITS NO. Bi}) 1. Refuse and Yard Waste Collection at Curbside. Two (2) Days Per Week Pick-Up For Refuse and One (1) Day Per Week Pick-up on Yard Waste: 2001 , 2002 2003 2004 2. Alternate: Refuse and Yard Waste Collection at Curbside. One (1) Day Per Week 'Pick-up for Refuse and One (1) Day Per Week Pick-up on Yard Waste: 2001 2002 2003 , 2004 3. Bulky Waste Collection at Curbside One (1) Day Per Week Pick-Up For Bulky Waste: 2001 2002 2003 2004 4. . RecycJables Collection at Curbside One (1) Day Per Week Pick-Up for Recyclable Materials: 2001 2002 2003 2004 I I I I I I I I I I I I I I I I I I I "~/' .,:.\,;:':'~:,: :~,:,.~. .' SCHEDULE OF PRlCE~ SECTION 3 BASE BID :t 6066 UNITS NO- Bd) 1. Refuse and Yard Waste Collection at Curbside. Two (2) Days Per Week Pick-Up For Refuse and One (1) Day Per Week Pick-up on Yard Waste: 2001 2002 2003 2004 2. Alternate: Refuse and Yard Waste Collection at Curbside. One (1) Day Per Week Pick-up for Refuse and One (1) Day Per Week Pick-up on Yard Waste: 2001 2002 2003 2004 3. Bulky Waste Collection at Curbside One (1) Day Per Week Pick-Up For Bulky Waste: 2001 2002 2003 2004 4. RecycJables Collection at Curbside One (1) Day Per Week Pick-Up for 1 Recyclable Materials: 2001 2002 2003 2004 I I I I I I I I I I I I I I I I I I I .,~:~-\:~-:"..:~/''- .~. , ...... . ~: I,-~..,;..~;. '. : , " SCHEDULE OF PRICES ..... SECTION 4 + "1003 UNITS BASE BID 1. Refuse and Yard Waste Collection at Curbside. Two (2) Days Per Week Pick-Up For Refuse and One (1) Day Per Week Pick-up on Yard Waste: ~ \'11/'70(\= 2001 ~ .::)......:) I \.J \ '~o 3 II to 2002 2003 6S" bob, 2004 \ .;s bCd~ 2. Alternate: Refuse and Yard Waste Collection at Curbside. One (1) Day Per Week Pick-up for Refuse and One (1) Day Per Week Pick-up on Yard Waste: 2001 L10210 9 c. 27 Q Cl 3 g~ / CJ3 8'g I 2002 2003 2004 3. Bulky Waste Collection at Curbside One (1) Day Per Week Pick-Up For Bulky Waste: 2001 4C(iCJ. 4-00 a-, 2002 2003 . -;" c- ,..-.. 4--l.; L LJ A- 'CD U 2004 4. RecycIables Collection at Curbside One (1) Day Per Week Pick-Up for Recyclable Materials: 2001 i~tS;Lf- i c;( Co ~~ 'I ~CS-+ \ ~G~ 4- 2002 2003, 2004 I I I I I I I I I I I I I I I I I I I :~:,: ~;t "::, SCHEnm...E OF PRICES SECTION 5 + 3216 UNITS BASE BID 1. Refuse and Yard Waste Collection at Curbside. Two (2) Days Per Week Pick-Up For Refuse and One (1) Day Per Week Pick-up on Yard Waste: 2001 l; .3 Cf, 3, S c2 -== 3CjASSQ. 40804-6 4c804-b 2002 2003 2004 2. Alternate: Refuse and Yard Waste Collection at Curbside. One (1) Day Per Week Pick-up for Refuse and One (1) Day Per Week Pick-up on Yard Waste: 2001 2002 2003 2004 2~9Y.l}C J-~C1 LJ- 4-0 30 \ 8 i g ~ c \'0 ) g 3. Bulky Waste CoUection at Curbside One (1) Day Per Week Pick-Up For Bulky Waste: 2001 2002. 2003 2004 ?O \) 0 gooD ~COL) ~,G <(:10 4. Recyclables Collection at Curbside One (1) Day Per Week Pick-Up for Recyclable Materials: 2001 2002 2003 2004 579'~~ ;-7 0 0 g- ~ ~ ~ r;; 7 ~ '?; <i? r; 7 ~ 'l <;;; I I I I 1 I I I' 1 I I I I I I I 1 I I SCHEDULE OF PRICES SECTION 6 + 5330 UNITS BASE BID 1. Refuse and Yard Waste Collection at Curbside. Two (2) Days Per Week Pick-Up For Refuse and One (1) Day Per Week Pick-up on Yard Waste: NOTE: Special Downtown Business Pistrict as defined in the Contract Documents will receive three (3) Day Per Week Pick-up on Refuse. Said Special District is in this Section and is bounded on the North by the Savannah River, East by Fifth Street, South by Walker Streetand West by Thirteenth Street. 2001 $; 5 75G4-0 f; 75' f.:, y- Q 'S- Cj g G ~ Jo C;q~~lcb 2002 2003 2004 2. Alternate: Refuse and Yard Waste Collection at Curbside. One (1) Day Per Week Pick-up for Refuse and One (1) Day Per Week Pick-up on Yard Waste: NOTE: Special Downtown Business District as defined in the Contract Documents will receive three (3) Day Per Week Pick-up on Refuse. Said Special District is in this Section and is bounded> on the North by the Savannah River, East by Fifth Street, South by Walker Street and West by Thirteenth Street. 2001 47 9 leQ 4-lC) 7CCJ 4 '1 S? ~ <c ~' 4 (I ~ ~,~~, 2002 , 2003 2004 3. Bulky Waste Collection at Curbside One (1) Day Per Week Pick-Up For Bulky Waste: 2001 ~UDV '? cO Q.() ~' V C~O ~ OeD 2002 2003 2004 I I I I I I I I I I I I I I I I I I I SECTION 6 COlITINUEn . "'~f~:1~~~ii:!.{,~."'., 4. Recyclables Collection at Curbside One (1) Day Per Week Pick-Up for Recyclable Materials: 2001 C, 5 CJtf 0 Ll 5"a ll. 0 2002 - I I 1 2003 Cj S '1 '+ 0 2004 c, S- Cf y- a \' I I I I I I I I I I I I I I I I I I I ..... f >.' , ... ~. ...- .:.* . SCHEDULE OF PRICES SECTION 7 + 1822 UNITS . BASE BID 1. Refuse and Yard Waste Collection at Curbside. Two (2) Days Per Week Pick-Up For Refuse and One (1) Day Per Week Pick-up on Yard Waste: 2001~ 2004J..Q== ;LO c\ L~;LD ~og Li-s'7 '~GE' 437 2002 2003 2004 2. Alternate: Refuse and Yard Waste Collection at Curbside. One (1) Day Per Week Pick-up for Refuse and One (1) Day Per Week Pick-up on Yard Waste: 2001 I 6s9~D , 2002 I b 3 9 gO . 2003 \ 7 0 S-3~ 2004 lID S- 3> '1 3. aulky Waste Collection at Curbside One (1) Day Per Week Pick-Up For Bulky Waste: 4. Recyclables Collection at Curbside One (1) Day Per Week Pick-Up for Recyclable Materials: ~ )~ l Lib ~).. 19 lj ~l19 h ~:Z7crb 2001 2002 2003 2004 2001 2002 2003 2004 ~OOC) G ~;80 0' {l GC; ~oco I I I I I I I I I I I I I I I I I I I SCHEDULE OF PRICES SECTION 8 + 3095 UNIts BASE BID 1. Refuse and Yard Waste Collection at Curbside. Two (2) Days Per Week Pick-Up For Refuse and One (1) Day Per Week Pick-up on Yard Waste: 2001 '$) 63 Lf ~ b 0 2002 ~"3 ''t ;:L 6D ~47 630 ':S y- '7 b 3 c 2003 2004 2. Alternate: Refuse and Yard Waste Collection at Curbside. One (1) Day Per Week Pick-up for Refuse and One (1) DayPer Week Pick-up on Yard Waste: 2001 2002 2003 2004 :2 7~~S;C '2l&SSu J-g q b 9.2 J.-&8 b 9~ 3. Bulky Waste CoHection at Curbside One (1) Day Per Week Pick-Up For Bulky Waste: 2001 2002 2003 2004 I Y- 0 ['I C , i~ G CD (t.f ~l C(, C IY- c' CO. 4. RecycJables Collection at Curbside One (1) Day Per Week Pick-Up for' Recyclable Materials: 2001 2002 2003 2004 S-Sl", '0 ,55"710. S'5"7 I b ~ S-i,f 0 I I I I I I I I I I I I I I I I I I I . . j. t.-~;.\~~; i.' - SCHEDULE OF PRICES SECTION 9 + 6912 UNITS BASE BID 1. Refuse and Yard Waste Collection at Curbside. Two (2) Days Per Week Pick-Up For Refuse and One (1) Day Per Week Pick-up on Yard Waste: 2001 $, 7:3 L} S-g4 '7 3 L1584- 7Cc1167 7b q It 7 2002 2003 2004 2. Alternate: Refuse and Yard Waste Collection at Curbside. One (1) Day Per Week Pick';'up for Refuse and. One (1) Day Per Week Pick-up on Yard Waste: 2001 to 1- J... 0 gO b)..:2 0 ~a ~Lj-6'1b3, G L/- l. q "3 2002 2003 2004 3. Bulky Waste Collection at Curbside One (1) Day Per Week Pick-Up For Bulky Waste: 2001 J5;o O~ IE; oc 0 IS-C'~,D I S- o~>o 2002 2003 2004 4. Recyciables ColJection at Curbside One (1) Day Per Week Pick-Up for Recyclable Materials: ,2001 I l-4 4 I b 2002 12.~Y-lb 2003 ) 2-\} ~ I ~ 2004 \ lY, '+' \ fe' I I I I I I I I I I I I I I I I I I I . '~-' ,'. .- . ';0... .,. . ';., ~", . . SCHEDULE OF PRICES SECTION 10 . BASE BID :t 553 UNITS NO e,lt> 1. Refuse and Yard Waste Collection at Curbside. Two (2) Days Per Week Pick-Up For R.efuse and One (1) Day Per Week Pick-up on Yard WaSte: i 2001 2002 2003 2004 2. Alternate: Refuse and Yard Waste Collection at Curbside. One (1) Day Per Week Pick-up for Refuse and One (1) Day Per Week Pick-up on Yard Waste: 2001 2002 2003 2004 3. Bulky Waste Collection at Curbside One (1) Day Per Week Pick-Up For Bulky Waste: 2001 2002 2003 2004 4.. Recyclables Collection at Curbside One (1) Day Per Week Pick-Up for Recyclable MateriaJs: 2001 2002 2003 2004 I I I I I I I I I I I I I I I I I I I SCHEDULE OF PRICES SECTION-DUMPSTER-CONT AINERS BASE BID + 162_ UNITS Refuse Collection for 162 Dumpster Containers at various locations throughout Augusta-Richmond County. 162 Dumpsters @ ~) to II 0 \Ci 0q'~Q G ~C lo(;q~CI G ~G.,+D per each per year for 2003 \ \ \', <1 / to &' 6 ! 4\) per each per year for 2004 \ '\ \ t 9 7 162 Dumpsters @ 162 Dumpsters @ 162 Dumpsters @ per each per year for 2001 Total for 2001 per each per year for 2002 . Total for 2002 Total for 2003 Total for 2004 I I I I I I I I I I I I I I I I I I I Grand Total .j$ "J..) '7 (; 31 I cf ~ = The Contract covering the construction of all work described, above Will be completed within calendar days from the date specified in the "Notice to Proceed" of the City Engineer for: Dollars ($ ) subject to reductions, additions and deletions provided herein on the basis of measured quantities of completed work and the prices bid. Bidder further agrees to pay as liquidated damages the sum of $ 300.00 for each consecutive calendar day thereafter as hereinafter provided in Section 15 of the General Conditions. It is understood that the Owner reserves the right to reject any or all proposals or to accept any proposal as deemed that is to the best interest of the Owner. It is also understood that the following addenda as issued during the bid period shall be included as .part of the Contract Docwnents: ' Addendum Date The undersigned bidder understands and agrees that shoul~ the Owneraecept this proposal, the bidder will within ten (.10) days from the date ()fnotification of acceptance of his proposal, execute the contract and furnish the Owner satisfactory performance' and payment bonds in the amount equal to one hundred percent (100%) of the total base bid sum. Enclosed herewith is a Bid Bond or a Certified Check in the amount of ' Dollars ($ ) being not less than 5 (5%) percent of the total base bid sum. Should the bidder fail to execute the Contract and furnish the Performance and Payment Bonds in case this proposal is accepted, the Owner shall have the right to receive the amount of the bid BB-ll I I I I I I I I I I I I I I I o D o D 41" ",..". ., security as liquidated damages. If the security is a Certified Check, it may be cashed by the Owner and the amount received shall become the property of the Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by the Surety. The lUldersigned by submittal of this proposal, agrees that the above stated amount is proper measure of liquidated damages which the Owner will sustain by the failure of the undersigned to ~xecute the Contract and furnish the Performance and Payment Bonds. The successful bidder shall have a current Business License. The Owner is an Equal Opportunity Employer. L S ~ Pr t~ Fts.,-c. ; IN L. r,-~L>J",-~~- (P",-~ ;AJ-eJ ) Signature & Title of Authorized Representative 1'~ C g N ~'~~ ~Lt~h~ \\ ''^~ ~\ Business Address .~v\.~ wit t C IT City and State Name of Bidder Date: BB-12 I m I I I I I I I I I I I U I o o o o SECTION BB BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, _ as Principal, and _ as Surety, are hereby held and finnly , bound unto Augusta-Richmond County Commission-Council, Georgia, as Owner in the penal sum of for the payment of which, well and truly to be made, we hereby jointly , and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signeq, this day of , 2000. The condition of the above obligation is such that whereas the Principal has submitted to Augusta-Richmond County Commission-Council, Georgia a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing for the COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLABLES AND BULKY WASTE NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by any extension of the time BB-13 U I I I U I I I I I I I I I I I I I I within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set these hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day ,and year first set forth above. L.S. (principal) (Surety) By - ATTORNEY IN FACT SEAL - BB-14 I I I I I I I I I I I I I I I I I I I SECTION NA NOTICE OF AWARD TO: CSRA Waste Inc. 1308 New Savannah Rd. Augusta. GA 30901 PROJECT DESCRIPTION: Collection of Solid Waste, Y ard Waste, Recycling and Bulky Waste: Section I, IV, V, VI, VII, VIII, IX, and the Dumpster Section The Owner has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated August 2000, and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of $6,510,812. You have agreed in your Proposal to execute the Agreement and furnish the required Contractor's Performance Bond ~d Payment Bond within Ten (10) calendar days from the date of this Notice to you. t If you fail to execute said Agreement and to furnish said Bonds within Ten (lQ) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond, The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF A WARD to the OWNER. Dated thisaday of May 2001. ' BY:~ RAPOrL.- L~-1.d- TITLE:-A:ssistant Director of Public Works and Engineering ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged on this _ day Of_" ~OO 1. ft I" BY: ~\x)-~ y~q I ~ tz.N';"' TITLE: NA-l .. .; .; ~ ~ BOND#LM02619ll (NOTE nus BOND IS ISSUED SIMULTANEOUSLY W1TI! PAYMENT BOND ON PAGE PB-3. IN FAVOR OF tHE OWN'E.'tt CONDmONED FOR THE PAYMENT OF LABOR AJ.'ID MATE..lUAL.) KNOW ALL MEN BY THESE PRESENTS: 11tat CSRA Waste, Inc. as ?rincipal, hereinafter called Contractor, and Lumbermens Mutual Casualty Company a corporation organized and existing under the laws of the State of IL , with its principal office in the City of Lyndhurst I State of New Jersey , as Surety, hereinafter called Surety. are held and. firmly bound unto Augusta-Richmond County Com.rois.sioo-Couocil. f Georgia, as Obligee. hereinafter called the Owner. in the penal amoWlt of ~ne Million Three Hundred Eighty-One Thousand Five Hundred Ninety-Nine. .00/IDDoHars (5 1,381,599.00 ) for the payment whereof Contractor and Surety bind thenuelves. their heirs, ex~utors. administr:ltors, suc;cessors, and assigns., jointly and sevenlly, firmly by these presents for the faithtU1 perfonnance of a certain written agreement WHEREAS. Conttacto[' has by said written ~ent dated entered into a. contract with Owner for the*COLLECTION OF SOLID WASTE. YARD WASTE. RECYCLING AND BUU<Y WASTE AT AUGUSTA. GEORGIA. in accord2nce with the drawings and specifications issued by . Augusta-Richmond. County Department PUblic Worb. which contract is by reference made a part hereof: and is hereinafter referred to as the CONTRACT. *for One Year (1) Term from 8/03/01 to 8/03/02 NOW, THEREFORE. the condition of this obligation is such that. if Contn.c:tor shall promptly and fairhfWly perform said CONTRACT. tben this obligation shall be null and void; otherwise it shall remain in fUll force and effect. Owna-. The Surety hereby waives aotice of any altention or extensioa of time made by the " Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed. Owners obligations thereunder, the Succty may promptly remedy the default, or shall promptly , (1) Complete the: CONTRACT in accordance with its tams and conditions, or (2) Obtain a bid or bids for completing che Contr.u:t in accordance with its terms and conditions, and upon determinatioQ by Surety of the lowest responsible bidder, or, if the Owner elect!, upon determination by the Owner and. the Surety jointly of the lowest responsible bidder, lUl"2.tlie for il contr3Ct betWeen ~ch bidder and. Owner. and make available as Work progresses (even though. there should be a default or a. succession of defaults lU1der the contract or contraCts of completion arranged. under this par.lgrapb) sufficient funds to pay the cost of complotion less We balance of the eona-act price; but oot exceeding, including other costs aDd damages fur which the Surety may be liable hereuntkr, che amoWlt set forth. in the first pangraph bereot: The tl!:I'TIl "balance of the contnct price,o, as used in this paragraph, shall mean the tow amount payable by Owner to Coa.tr3Ctor under the ContraCt and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit Under this bond must be instituted before the c=xpiration of two (2) ye31'S from the date on which tinal payment under the CON1'R.AC!' fails due. By No right of action shall accrue on this bond to or for' the use of any person or corporation other than the Owner named herein or the 11M. executors, administratcrsor successcrs of the Owner. IN WITNESS 'NHEREOF, this instrument is executed in ~ (nwnber) of counterpaItS, each of which shall ~e deemed an original this ~d.ay of June,. 20..QJ. .,,<\ "', '_"" ~.>.;4."" ~:~..: "'''''''~~ ~,~40., :~__~-~~~~ .~ ,:, .~ ..'- -",,-/:'- /' ~ ~~;7"'.,f -~ ~... 4;' ~.....;.. ~ ~ o '., -.... _r...,...,.~ 1"!.~, -~_ _'"! "- = '- ~. ~ ~ I -;.:~:=. pal) Secretary ~ 3: .... _.'- ~ E ~ ~~~ ..~! ~ ~ ~J$'~~~ ~.,~~. ~ ~. ~.., -.. -..,~,.. . ~ ,.,.~" ~ ~ '.~~\t\ .X'v ''''';~1I''i':'- ArrEST: CSRA Was te, Inc. ~~ _(3) 1308 New Savannah Road, POBox 21 Augusta, GA 30917 AWircss (SEAL) -~.~) (Address) - - - 1; .'~ . "" .:~ - 518 Stuyvesant Avenue POBox 615 Lyndhurst, NJ 07071 Addre3i '~(1~, ~ l-L.-1Z- Wicness as to SuretY 320 King of Prussia Road, Suite 100 Radnor, PA 19087 Address I .;' ." " ,-,Lt. ~ . (Surety)~ Witness ill (Seal) - Note: Date of Bood must be prior to da.teaf Contract. If ContraCtor is Partnership, all partners should execute Bond. - I J I (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFOR.i'dANCE BOND ON PAGE P8-1, IN FAVOR OF THE OWNER CONDmONED FOR TIfE PERFOR4~'iCE OF TIrE COm-RACT.) SECTION PH LABOR AND ~lt&AL PA~NT BOND BOND#LM0261911 KNOW ALL MEN BY TRESE PRESENTS: That CSRA Waste, Inc. , as ?rincipal, hereinafter calleti Contractor, and . ~~.,;~~en' Mutual Caeualty " cO<pOtatio. organized and e:Wling uoder the I.",. of the Swe of _ IL · with its principal office in the City of Lyndhurst '_ Scate of New Jersey ,as Surety, hereinafter caJled Surety, are held and firmly bound. unto Augusta-Richmond County Commission-Cotmci] Georgia. as Obligee, hen:ina.fter called the Owner, for the use and benefit of claimams as hereinbelow defined in the amount of One Million Three Hundred Eighty-One Thousand Five Hundred Ninety-Nine and...OO/IOO [or the payment whereof Contractor and Surety bind themselves, their heirs, executo~, administrato~. succ::ssc~, and assigns, jointly and severally, firmly by rhese presents. Dollar.> (51,381,599.90 WHEREAS. Contractor has by written agreement dated entered ' into a contr.1Ct with Owner for the COLLECTION OF SOUD WASTE, YARD WASTE RECYClING. AJ'\iD BtJLKY WASTE for One Year (1) Term from 8/03/01 to 8/03/02 , ' in accordance with drawings and. specifications lssued by AU~Ricl:unond CountY En~ecring Deparonenr, which contract i.s by reference made a p.ut bereat: and is hereinafter refeueti to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is sucl1 r1:w. if tI1e Contractor shall promptly make payment to all claimants as hereinafter defined. for all I abet and material used or reasonably required to use La the performance of me CONTRACT, then this Obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to me foUowmg ~Qnditions: ( 1) A claimant is defined as one having a direct contrilCt with the Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably required far use in the performance of the contr.u:t, labor and materia! being construed as to icclu.de that part of water. gas, power. ligh~ h~ oil, gasoline, telephone service or rentU of equipment directly applicabLe to the CONTRAcr. '. (2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the daIo on which the last of such cla.im.ant's worle or labor was done or performed, or materials were furnished by such clai.ma.nt. may sue en this hand for the use of such claimant, prosecute the suit to finaljudgemenr for such sum or sums 3S may be justly due claimant. and have e:'Cecution thereon. Tho Owner sball nOl be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimant. (a) Unless claimant. other than one having a direct contract with the Contr.actor, sh:ill have given wrinen notice to any cwo of the following: The Concractor, the Owner, or the Surety above named, within ninety (90) days after. such ciaimant did or performed the last of the worle or labor, or furnished the last of the materials for which said daim is made. stating W'ith substantial accuracy the amount claimed md. 11e name of the PartY to whom the materials were furnished. or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage pre'paid., in an envelope addressed to the Contractor, Owner or Surety, at any placewhe.re an office regularly maintained for the tranSaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such servj,c need not be made by a. public officer. (b) A.fter the expir:1tion of one (1) year following the date on which ContraCtor ceased work on said CONTRACT, it being understood., however, that if any limitation embodied in this bond is prohibited by any law controlling the construc.tion hereoI: such limitation shall be deemed to be amended so as to be equal to the minimum period oflimiration permitted by such law, (c) Other man in a state court of competent jurisdiction in and for the COW1ty or other politica.l subdivision of the sta.te in which the project, or any part thereof, is situated.. or in the United States District Court for the district in which the project, or any pan thereof. is situated, and noe' ~lsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good' faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement. whether or not claim for the amoum of such lien be pn=sented under and a.gainst this bond. Signed and sealed this '6th day of June A.D. 20&0. .. . . Witness ~UL CSRA Waste, Inc. ...~.:'~...(~eal) ,,~"\ (ConcraitOr) $' ';\.... -+.._-:-~-,!" .~: '..~ ~w t;;>~i.'~~'~;;~~~ is i \ .:;~ * ~ ';.~ ~ By: ~~!'{S~~Y ~ :; ~ ~ .\~lt.1C) ~ ~ '~~-Ii::,,~ ',.:P ~ ~~. '~...,-~-:" ~' ~~;-.I" .' . 40':'-.'~ Lumberrnens Mutual/6~~~~~~X~~' Company .' '.. {Seal) ~ . (Su~ty) ; 5~ a:;f2 . Cal) \. ."',: , ::, "\ (Title) Attest N "^~ U2.0c\-k{IL~~ . Wtmess k u . . Attest ~4~ (V ~ O-l/lJ . Note: Date of Bond. must be prior to date of Contract. If Contt'2ctor is Partnership, all partt1crs should execute Bond, I ~ f l~empeR@ Home Office: Long Grove, IL 60049 POA NO: LM 15 4 9 2 BOND#LM0261911 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, (hereinafter called the "Company") a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint John P. Follman, Jr., Nancy Nigro, Douglas S. Hansen, Lynn M. Wheelock, Teresa R. Del Bonifro & Charles R. Croyle in the City of Radnor in the State of Pennsylvania its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS PROVIDED THE AMOUNT OF NO ONE BOND OR UNDERTAKING EXCEEDS FIVE MILLION DOLLARS ($5,000,000.00)********************************* EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond ~ithin the dollar limit of authority as set forth herein, .' - -_ J '- This appointment may be revoked at any time by the Company, v -"-:. . / ~ The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said c.6mpany as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers, at its principal off}fe i~Long Grove, Illinois, -, ::2:c THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF FEBRUARY 28, 2002 . - "". ~ This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of the Company on February 23, 1988 at Chicago, Illinois, a true and accurate copy of which are hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process," This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, ahd the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to ' be valid and binding upon the Company," In Testimony Whereof, the Lumbermens Mutual Casualty Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this November 30, 1998, fikd I!~ e Lumbermens Mutual Casualty Company Attested and Certified: P- ~ ~.-,ov.. II!: Robert p, Hames, Secretary by J,S, Kemper, III, Exec. Vice President (BLUE SHADED AREA INDICATES AUTHENTICITY) I I I I I I I I I I I I I I I I I I I .. " SECTION PB PERFORMANCE BOND (NOTE: THIS BOND IS ISSUED SIMUL T ANEOUSL Y WITH PAYMENT BOND ON PAGE PB':3, IN FAVOR OF THE OwNER CONDITIONED FOR THE P A YNfENT OF LABOR AND MATERIAL.) KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called Contractor, and a corporation organized and exis,ting under the laws of the State of , with its principal office in the City of , State of , as Surety, hereinafter called Surety, are held and firmly bound wlto Augusta-Richmond County Commission-Council, Georgia, as Obligee, hereinafter called the Owner, in the penal amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, ,their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. WHEREAS, Contractor has by said written agreement dated , entered into a contract with Owner for the COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING Ai"ID, BULKY WASTE AT AUGUSTA, GEORGIA, in accordance with the drawings and specifications issued by Augusta-Riclunond County Department Public Works, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Owner. The Surety hereby waives notice of any alteration or extension of time made by the A-4 m I I I D D 'I o I I I I I I I I I I I ~ Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) 'Complete the CONTRACT in accordance with its terms and conditions, or (2) Obtain a bid or b.ids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, , and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages, for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) yearS from the date on which final payment under the CONTRACT falls due. , , No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. IN WITNESS WHEREOF; this instrument is executed in _ (nwuber) of counterparts, each of which shall be deemed an original this _day of , 20-= ATTEST: Principal (Principal) Secretary By ,_(s) , ' Address (SEAL) (Witness as to Principal) , ( Address) - PB-2 I R I I I, I I I I I I I I I I I I I I Surety A ITEST: By Attorney-in-fact (Surety) Secretary - Address - (Seal) Witness as to Surety - Address Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. PB-3 I I I I I I I I I I I I I D o o D I I SECTION PB LABOR AND l\1ATERlAL PAYMENT BOND (NOTE: THIS BOND IS ISSUED SWULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB-1, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.) KNOW ALL MEN BY THESE PRESENTS: That , as Principal, hereinafter called Contractor, and , a corporation organized and existing under the laws of the State of_ , with its principal office in the City of ,_State of ,as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission-Council Georgia, as Obligee, hereinafter called the Owner, for the use and benefit of claimants as hereinbelow defined in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. \VHEREAS,Contractor has by written agreement dated entered into a contract with Owner for the COLLECTION OF SOLID WASTE, Y ARD WASTE RECYCLING, Al\lD BULKY WASTE in accordance with drawings and specifications issued by Augusta-Riclunond County Engineering Department, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the 'condition of this obligation is such that, if the Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material .used or reasonably required to use in the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1)' A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directlY applicable to the CONTRACT. PB-4 I I I I I I I I I I I I -I I m m I m m (4) (2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's, work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of sJ.lch claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Contractor ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controllir:g the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period oflimitation permitted by such law. ' (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the paYment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this day of A.D. 2000. PB-S I I I I I I I I I I I I I I o g a I I .., . . ., '. ~ .. Witness (Seal) (Contractor) Attest By (Seal) (Title) Witness (Seal) (Surety) Attest By (Seal) (Title) Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. PB-6 I I I I I I D I I I I I I I I I I I I , '~ ',,- CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned , the authorized and acting legal representative of Augusta-Richmond County Commission-Council do hereby certify as follows: I have examined the attached Contrac::t(s) and surety bonds arid the manner of execution thereof, and lam of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions and provisions thereof DATE: PB-7 I I I I I 1 1 I 1 1 1 I I I I I I I 'I GC-O 1. GC-02. GC-03. GC-04. GC-05. GC-06. GC-07. GC-08. GC-09. GC-10. GC-11. GC-12. GC-13. GC-14. GC-15. GC-16. GC-17. GC-18. GC-19. GC-20. GC-21. GC-22. GC-23. GC-24. GC-25. GC-26. GC-27. , SECTION GC ~ GENERAL CONDITIONS INDEX TO ARTICLES OF GENERAL CONDITIONS Section Page No. Definitions Additional Instructions and Detail Drawings Schedules, Reports and Records Drawings and Specifications Shop Drawings Materials, Services and Facilities Inspection and Testing Substitutions Patents Permits and Regulations Protection of Work, Property and Persons Supervision by Contractor Changes in the Work Changes in Contract Price Time for Completion and Liquidated Damages Suspension of Work, Termination and Delay Payments to Contractor, Insurance & Indemnity Contract Security Assignments Indemnification Subcontracting Engineer's Authority Land and Rights-of-Way Ta.xes Order and Discipline Special Restrictions 2 4 4 4 5 6 6 7 8 8 9 10 10 10 11 11 12 12 14 16 16 18 19 19 19 20 20 GC-l ' '\;; " Pql>lic Works and Engineering Department Teresa C. Smith, P.E., Director 1815 Marvin Griffin Road Augusta, Georgia 30906 (706) 796-5040 Fax (706) 796-5045 June 29,2001 Mr. Kester Uzochukwu CSRA Waste, Inc P. O. Box 211215 Augusta, Georgia 30907 Subject: Solid Waste Collection Contract File Reference: 01-008(B) You are hereby notified to commence work in accordance with the Agreement dated June 29,2001, within 35 (thirty-five) calendar days following this date, the date first written above, and you are to complete the work within seven hundred thirty (730) consecutive days after the date of this notice. The date set for completion of all work is therefore. August 2, 2003. BY:~Q.uR- ~ ~ TITLE:JA;:~c:--~ II' Qr ~,'c- CJov-k ACCEPTANCE OF NOTICE Receipt ofthe above NOTICE TO PROCEED is hereby acknowledged and the same is hereby accepted ~ on this 29th day of~~~ n ~ By:1~v~~ TITLE: -P t't--S\.cLvJ- COA2 I I I I I I I I I I I I I I I I I I I '.... .' .,' SECTION NP l NOTICE TO PROCEED TO: DATE: PROJECT: , , You are hereby notified to commence work in accordance with the Agreement dated , 2000, within Ten QQ) calendar days following this date, the date first written above, and you are to complete the work within L) consecutive calendar days after the date of this notice. The date set for completion of all work is therefore ,20_ BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged. and the same is hereby accepted on this day of ,2000. BY: TITLE: COA-2 I I I I I I I I I I I I I I I I I I I GC-01. DEFINITIONS: Wherever used in the Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof. 1. ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletion, clarifications or corrections. 2. BAGS - Plastic sacks designed to store refuse with sufficient wall strength to maintain ' physical integrity when lifted by top. Total weight of a bag and its contents shall not exceed 35 Ibs. 3, BID: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the work to be performed. 4. BIDDER: Any person, firm or corporation submitting a bid for the work. 5. BONDS: Bid, Performance and Payment Bonds and other instruments of security furnished by the Contractor and his Surety in accordance with the Contract Documents. 6. BULKY WASTE: Stoves, refrigerators~ water tanks, washing machines, furniture and other waste materials, including 200 Ibs. or less of Construction Debris, and 'tires with weights or volumes greater than those allowed for Containers. 7, CART: A plastic receptacle with wheels and lid with a capacity of90-95 gallons. 8. CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents or authorizing an adjustment in the contract price or contract time. 9. CITY: Augusta-Richmond County Commission-Council, Augusta, Georgia. 10. CONSTRUCTION DEBRlS: Waste building materials resulting from construction, remodeling, repair or demolition operations, 10. CONTRACT DOCUMENTS: The contract including Advertisement for Bids, Information , for Bidders, Proposal, Bid Bond, Notice of award,; Agreement, Performance Bond, Payment Bond, Notice to Proceed, Change Orders, General Conditions, Supplemental General Condition, Special Conditions,-Technica1 Specifications, Drawings and Addenda. 12. CONTRACT PRlCE: The total monies payable to the Contractor under the terms and conditions of the Contract Documents, 13. CONTRACT TIME: The number of calendar days stated in the Contract Documents for the completion of the work. 1 I I I I' 1 I I 1 1 I I I I I I I 1 I 14. LIFE OF THE CONTRACT: The total duration orthe contract from Notice to Proceed to completion of all the work. 16. CUSTOMER: Means the recipient of collection services, and can be a resident in the Contract Area, or a Designated Non-Residential Location. '17. DESIGNATED COLLECTION AREA(S): Means, that geographic area at which the Contractor will provide collection and other services pursuant to the Proposal. Collection points will be at the curb for Refuse, Yard Waste, Bulky Waste, and Recyclable. Collection points will be at the curb or in centralized areas for multi-family housing, as determined by the engineer and in the back yard for customers with physical disabilities (for refuse collection only). 18, DESIGNATED DISPOSAL FACILITY: Means a facility to which each material collected under this contract must be delivered. The disposal facility for any or all of the materials collected may change to meet the need and contractual obligations of the City. 19, DESIGNATED NON-RESIDENTIAL LOCATION: Means a non-residential location in the Contract Area that receives collection and other solid waste services from the Contractor. 20. DRAWINGS: The part of the Contract Documents which show the characteristics and scope of the work to be performed and which have been prepared or approved by the Engineer. 21; ENGINEER: The person, firm or corporation named as such in the Contract Documents. 22. GARBAGE: Every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains, or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable animal or vegetable waste matter which is likely. to attract flies or rodents); except (in all cases) any matter included in the definition of Bulky Waste, Construction Debris, Hazardous Waste or Rubbish. 23. HAZARDOUS WASTE: Waste, which is defined, characterized or designated as hazardous by the United States Environmental Production Agency or appropriate State agency by or pursuant to Federal or State law, or waste, in any a1TIotint, which is regulated under Federal or State law. For purposes of this Contract, the ternl Hazardous Waste shall also include motor oil, gasoline, oil base or lead paint, paint cans or their cans. 24. NOTICE OF A WARD: The written notice of the acceptance of the Bid from the Owner to the successful Bidder. I I I I I .1 I I I I I I I I I I I I I 25. NOTICE TO PROCEED: Written communication issued by the Owner to the Contractor authorizing him to proceed with the work and establishing the date of corrunencement of the work. 26. OWNER: A public or quasi-public body or authority, corporation, association, partnership or individual for whom 'the work is to be performed. 27. PROJECT: The Wldertaking to be performed as provided in the Contract Documents. 28. RECYCLABLE MATERlAL(S): Newsprint (magazines); brown, clear and green glass and jars; aluminum and bi-metal cans; HOPE clear plastic milk jugs and PET plastic soft drink containers; or any other Corrunodity agreed upon in writing by the City and Contractor. 29. REFUSE: All Garbage and/or Rubbish and/or Bulky Waste and/or Yard Waste generated by a customer. 30. RESIDENT PROJECT REPRESENTATIVE: The authorized representative of the Owner who is assigned to the project site or any part thereof. 31, RESIDENTIAL UNIT: An occupied dwelling (whether a single family home or a multi- family unit) requiring curbside collection. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. 32. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a Subcontractor, Manufacturer, Supplier or Distributor, which illustrate how specific portions of the work shall be fabricated or installed. 33. SOLID WASTE: Is defined as garbage and trash. This may include glass jars, bottles, aluminum cans, steel cans, plastic soda and liquor bottles, newspapers and inserts, plastic soda, milk and water bottles and spiral paper cans, and other solid waste including yard waste, and bulky waste as defined. Residential solid waste shall not include discarded building materials, trees, brush ~d other material resulting from the activities of building contractors, corrunercial tree trimmers or commercial lawn services, large quantities of sod, dirt and trash from land clearing, and other materials requiring special handling as determined by the engineer, 34. SPECIFICATIONS: A part of the Contract Docwnents consisting of written descriptions of a technical nature or materials, equipment, constmctionsystems, standards and workmanship. 35. SUBCONTRACTOR: An individtiai, firm or corporation having a direct contract with the Contractor or any other Subcohtra.ctor for the performance of a part of the work at the site. 1 I, I I 1 I 'I I 1 I 1 I I I I I I I I 36. SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction of the project or a specified part can be utilized for the purposes for which it is intended. 37. SUPPLEMENTAL GENERAL CONDITIONS: Modifications and/or additions to the General Conditions of a specific nature generally aimed at the specific contract of which it is a part. 38. SUPPLIERS: Any person, supplier or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perfonn labor at the site. 39. UNIT: Shall be defined as one (1) residential unit, individual apartment or condominium in a multiple family residence, or Designated Non-Residential Location unless otherwise specified by the City, '~ 40. WRlTTEN NOTICE: Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said pllIty at his last given address or delivered in person to said party or his authorized representative on the work. 41. YARD WASTE: All tree trimmings, dead plants, weeds, leaves, and dead tree debris not exceeding five feet (5') in length, four inches (4") in diameter or fifty pounds (50 lbs.). GC-02. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS 1. The Contractor may be furnished additional instructions and detail drawings, by the Engineer, as necessary to carry out the work required by the Contract Documents. 2. The additional drawings and instructions thus suppli.ed will become a part of the Contract Documents. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. GC-03. SCHEDULES, REPORTS AND RECORDS: 1, The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records, and other data as the Owner may request concerning the work performed or to be performed. I I I I I I I I I I I I I I I I I I I 2. Prior to the first partial payment estimate, the Contractor shall submit schedules showing the order in which he proposes to carry on the work, including dates at which he will start the various parts of the work, estimated date of completion of each part and as applicable: 2.1 the dates at which special detail drawings will be required; and 2.2 respective dates for submission of shop drawings, the beginning of manufacture, the testing and the installation of materials, supplies and equipment. 3, The Contractor shall also submit a schedule of payments that he anticipates he will earn during the course of the work. GC-04. DRAWINGS AND SPECIFICATIONS: 1. The intent of the drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the work in accordance with the Contract Docwnents and all incidental work necessary to complete the project in an acceptable manner, ready for us, occupancy or operations by the Owner. 2. In case of conflict between the drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. 3. Any discrepancies found between the drawings and :specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. 4. All work that may be called for in the specifications and not shown on the drawings, or shown and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both these ways and should any work or material be required which is not detailed in the specifications or drawings, either directly or indirectly, but which is nevertheless necessary for the proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and required and shall perfonn all such work and furnish any such material as fully as if they were particularly delineated or described. 5. It is understood and agreed that the Contractor, by careful examination, has satisfied himself as to the nature and location of the work, the confonna.tion of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this contract, shall affect or modify any of the tenns or obligations herein contained. I I I I I I I I I I I I I I I I I I I major changes in the function of the contract will rl~sult. Incidental changes or extra component parts required to accommodate the substitute will be make by the Contractor without a change in the contract price or contract time. GC-05. SHOP DRAWINGS: 1, The Contractor shall provide shop drawings as, may be necessary for the prosecution of the work as required by the Contract Documents. The Engineer shall promptly review all shop drawings. The Engineer's approval of any shop drawings shall not release the Contractor from responsibility for deviations from the Contract Documents. The approval of any shop drawing which substantially deviates from the requirement of the Contract Documents shall be evidenced by a Change Order. 2. When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification that he has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. 3. Portions of the work that require shop drawing or sample submission shall not begin until the shop drawing or submission has been approved by the Engineer, A copy of each approved shop drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. GC-06. MA TERL\LS. SERVICES AND FACILITIES: 1. It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the work within the specified time. 2, Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. 3. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 4. Materials, supplies or equipment shall be in accordance with samples submitted by the Contractor and approved by the Engineer. 5, Materials, supplies or equipment to be incorporated into the work and purchased by the Contractor of the Subcontractor will be subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is rl;:tained by the seller, I I I I I I I I I I I I I I I I I I I GC-07. INSPECTION AND TESTING: 1. All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards. 2. The Contractor shall provide, at his expense, the: necessary testing and inspection services required by the Contract Documents, unless otherwise provided. 3. The Owner shall provide all other inspection and testing services required by the Contract Doctunents. 4. If the Contract Doctunents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness. 5. Neither observation by the Engineer or inspections, tests or approvals by persoris other than the Contractor shall relieve the Contractor from his obligations to perform the work in accordance with the requirements of the Contracts Doctunents. 6. The Engineer and his representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or State Agency shall be permitted to inspect all work, equipment, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. GC-08. SUBSTITUTIONS: 1. When a material, article or piece of equipment is identified on the drawings or specifications by reference to brand name or catalogue ntunber, the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article or piece of equipment of equal substance and function for those name or catalogue number and if, in the opinion of the Engineer, such material, article or piece of equipment is of equal substance and function to that specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deducted from the contract price and the Contract Docwnents shall be appropriately modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function of the contract will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. I I I I I I I I I I I I I I I I I I I GC-09. PATENTS: 1. The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and save the Owner harmless from loss on account thereof except that the Owner shall be responsible for any such loss when a particular process, design or the product of a manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Engineer. GC-IO. PERl'VlITS Al~D REGULATIONS: 1. Permits and licenses of a temporary nature necessalY for the prosecution of the work shall be secured and paid for by the Contractor. The Contra.ctor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Contract Doctunents are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in Section 13, Changes in the Work. GC-ll. PROTECTION OF WO~ PROPERTY AND PERSONS: 1. 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 material or equipment to be incorporated therein, whether in storage on or off the site or other property at the site or adjacent thereto, including trel~s, shrubs, lawns, walks, pavements, roadways, structures and utilities. 2. 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 darn age, injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor and subcontractor or anyone whose acts any of them are liable, except damage or loss attributable to the fault of the Contract Doctunent or to the acts or omissions of the Owner or the Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor. 3. The work under this Contract in every respect shall be at the risk of the Contractor, except to damage or injury caused directlyby the Owner's agents or employees. I I I I I I I I I I I I I I I I I I I GC-12. SUPERVISION BY CONTRACTOR: 1. The Contractor will supervise and direct the work. He will be solely responsible for the means, methods, techniques, sequences and procedures. TIle 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 be present on the site at all times as required to perform adequate supervision and coordination of the work. Supervisor or Superintendent will not be the operator of a route collection unit. Supervisor will have a cellular phone and mobile communication(s) at all times during collection operation hours. GC-13. CHANGES IN THE WORK: 1. The Owner may at any time as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Doctunents or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. 2. The Engineer, also, may at any time, by issuing a field order, make changes in the details of the work. The Contractor shall proceed with the pelformance of any changes in the work so ordered by the Engineer unless the Contractor believes that such field order entities him to a change in the contract price or time or both, in which event he shall give the Engineering written notice thereof within ten (10) days after the: receipt of the ordered change pending the receipt of an executed change order or further instruction from the Owner. GC-14. CHANGES IN CONTRACT PRICE 1. The contract price may be changed only by a Change Order. The value of any work covered by a Change Order or of any claim for increase or decrease in the contract price shall be determined by one or more of the following methods in the order of precedence listed below: 1.1 Unit prices previously approved. 1.2 An agreed lump swn. 1.3 The actual cost for labor, direct overhead, materials, and supplies, equipment and other services necessary to complete the work. In addition there shall be added an amount to be agreed upon, but not to exceed fifteen (15) percent of the actual cost of the work to cover the cost of general overhead and profit. GC-15. TIME FOR COlVIPLETION AND LIQUIDATED DAMAGES: 1. The date of beginning and the time for completion of the work are essential conditions of the Contract Doctunents and the work embraced shall be commenced on the date specified in the Notice to Proceed. I I I I I I I I I I I I I I I I I I I 2. The Contractor will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the contract time for the completion of the work described herin is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. 3. If the Contractor shall fail to complete the work within the contract time, or extension of time granted by the Owner; then the Contractor will pay to the Owner the amount for liquidated damages as specified in the bid for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Doctunents. 4. The Contractor shall not be charged with liquidated dames or any excess cost when the delay in completion of the work is due to the following and the Contractor has promptly given written notice to such delay to the Owner or Engineer. 4.1 To any preference, priority or allocation order duly issued by the Owner. 4.2 To unforeseeable .causes beyond the control and without the fault of negligence of the Contractor, including but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather; and 4.3 To any delays of subcontractors occasioned by any of the causes specified in Paragraphs 4.1 and 4.2 of this Article. GC-16. SUSPENSION OF THE "VORl<, TERlYIINATION AND DELAY: 1. The Owner may, at any time and without cause, suspend the work or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the Contractor, by written notice to the Contractor. The Engineer shall fix the date on which work shall be reswned. The Contractor will restune that work on the date so fixed. The Contractor will be allowed an increase in the contract price, an extension of the contract time, or both, directly attributable to any suspension. 2. If the Contractor is adjudged bankrupt or insolvent, or ifhe makes a general assignment for the benefit of his creditors or if a trustee or receiver is appointed for the Contractor or for any of his property or if he files a petition to take advantage of any debtor's act to reorganize under the bankruptcy or applicable laws or if he repeatedly fails to supply sufficient skilled worlanen or suitable materials or equipment, or ifhe repeatedly fails to supply sufficient skilled worlanen or suitable equipment or ifhe disregards law, ordinances, rules, regulations or orders of any public body having jurisdiction of the work or if he disregards the authority of the Engineer, or if, in the opinion of the Engineer, the Contractor fails to make satisfactory progress in prosecuting the work, or if he otherwise violates any provision of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and his Surety a Minimum often (10) days from delivery ofa written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, I I I I I I I I I I I I I I I I I I I equipment and machinery thereon owned by the Contractor and finish the work by whatever method he may deem expedient. In such case, th,;: Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the direct and indirect costs of completing the project, including compensation for additional professional services, such excess shaH be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated in a Change Order. 3. Where the Contractor services have been so terminated by the Owner, said termination shall not affect any right of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor from compliance with the Contract Documents. 4. After ten (10) days from delivery of a written notlce to the Contractor and the Engineer, the Owner, may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Contract. In such case, the Contractor shall be paid for all work executed and any expense sustained plus reasonable profit. 5. If, through no act or fault of the Contractor, the work is suspended for a p~riod of more than ninety (90) days by the Owner or under an order of court or other public authoriry, or the Engineer fails to act on any request for payment within thirty (30) days after it is submitted, or the Owner fails to pay the Contractor substantially the sum approved by the Engineer within thirty (30) days of its approval and presentation, then the Contractor may after ten (10) days from delivery of a written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner payment for all work execu.ted and all expenses sustained. In addition, and in lieu of terminating the Contract, if the Engineer has failed to act on a request for payment or if the Owner has failed to make any payment as aforesaid, the Contractor may, upon ten(lO) days notice to the Owner and the Engineer, stop the work until he has been paid all amounts then due, in which event and upon resumption of the work, Change Orders shall be issued for adj usting the contract price or extending the contract time or both to compensate for the costs and delays attributable to the stoppage of the work. 6. If the performance of aU or any portion of the work is suspended, delayed, or interrupted as a result of a failure of the Owner or the Engineer to act within the time specified in the Contract Documents, or if not time is specified, within reasonable time, an adjustment in the contract price or an extension of the contract time or both, shall be made by Change Order to compensate the Contractor for the costs and delays necessarily caused by the failure of the Owner or the Engineer. GC-17. PAYMENTS TO THE CONTRACTOR: 1. The Contractor shall submit a monthly payment request to the City for services performed the previous month. The City shall pay the Contractor within thirty (30) days of receipt of a correct payment request by the Augusta-Richmond County Finance Department. payment shall be based on the contract area. The City shall deduct any assessments due from the payment owed I I I I I I I I I I I I I I I I I I I the Contractor. The price paid. shall be the sum of: the price proposal for curbside refuse collection in the contract area, plils the price proposal for yard waste collection in the contract area, plus the rice proposal for recycling, plus the W:llt price proposal for bulky waste collection as authorized by the City, less any assessments, plus any approved special services performed during the payment period. Payment requests shall be accompanied by (1) data supporting the payment request, as necessary, in the City's opinion, to substantiate the Contractor's right to remittance of the amounts requested; (2) a signed certification from the Contractor that it has fully and properly performed all items of work covered by the payment request, that all insurance and bonds required hereunder are in full force and effect, that all subcontractors and suppliers have been paid from previous requests, and that it is not in default under any provision of this Contract. Should the City dispute any portion of the payment request, it shall, within thirty days, furnish a detailed itemized explanation of such objection, which cites its authority under the Contract to withhold such payments. All amounts not in dispute shall be paid within thirty (30) days following receipt by the City of such payment request, subject to withholding as otherwise provided herein. Original payment requests shall be sent to: Augusta-Richmond County - Finance Department Accounts Payable Section Room 108, Municipal Bldg. 530 Greene Street Augusta, GA 30911 A duplicate invoice shall be sent to: Office of the Director of Public Works And Engineering Room 701, Municipal Bldg. 530 Greene Street Augusta, GA 30911 GC-18. INSURANCE AND INDEMNITY: 1. To the extent permitted by law, the Contractor shall indemnify and save harmless Augusta- Richmond County Commission-Council, its officers, agents, employees and assigns from and against all loss, cost, damages, expense and liability caused by an accident or other occurrence resulting in bodily injury, including death, sickness and disease to any person; or damage or destruction to property, real or personal; arising dir,ectly or indirectly from operations, products I I I I I I I I I I I I I I I I I I I or services rendered or purchased under this Contract; or violation of any interlocal agreement, state or federal rule, regulation or law, or any other provision oflaw regulating solid waste collection, hauling or disposal. The Contractor shall be held responsible for nay darn age to customers' property, real or personal, which occurs by rpe Contractor or the Contractor's agent in the performance of this Contract. If the City, upon an independent investigation, finds that the Contractor has failed to completely reimburse the customer for the damaged. property, the City may pay the customer any monetary amount it deems necessary to make the customer whole and deduct the same from the Contractor's monthly payment. 2. 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. 2.1 Claims under Workman's Compensation, disability benefit and other similar employee benefit acts, 2.2 Claims for damages because of bodily injury, occupational sickness or disease or death of his employees, 2.3 Claims for damages because of bodily injury, sickness or disease or death of any person other than his employees, 2.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any personas 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 2.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom.. 3. Certificates of Insurance acceptable to the Owner shall be tiled with the Owner prior to commencement of the work. These Certificates shall contain a provision that coverages afforded under the policies will not be cancelled unless at least fifteen (15) days prior written notice has been given to the Owner. 4. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, liability insurance as hereinafter specified. 4.1 Contractor's General Public liability and Property Damage insurance including vehicle coverage issued to the Contractor and protecting him from all claims for personal injury, including death, and all c:1aims for destruction of or damage to property, arising out of or in connection with any operations under the Contract Documents, whether such operations be by h.irp.self or by any Subcontractor under I I I I I I I I I I I I' I I I I I I I him or anyone directly or indirectly employed by the Contractor or by a Subcontractor under him. Insurance shall be written with a limit ofliability of not less than $200,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by anyone person in anyone accident; and a limit of liability of not less than $500,000 for any such damages sustained by two or more persons in any one accident. Insw~ance shall be written with a limit ofliability of not less than $100,000 for all property damage sustained by anyone person in anyone accident; and a limit of liability of not less than $200,000 for any such damage sustained by two or more persons in anyone accident. 4.2 The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the Project to the full insurable value thereof for the benefit of the Owner, the Contractor and Subcontractor as their interest may appear. This provision shall in no way release the Contractor or Contractor's Surety from obligations under the Contract Doctunents to fully complete the Project. 6. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, in accordance with the provisions of the laws of the state in which the work is performed, Workman's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require such Subcontractor similarly to provide Workman's Compensation Insurance, including occupational disease provision for all of 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 at the site of the Project is not protected under Workman's Compensation statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected GC-19. CONTRACT SECURITY: 1. The Contractor shall, within ten (10) days after the receipt of the Notice of Award, furnish the Owner with a Performance Bond and a Payment Bond in penal swns equal to the amount of the contract price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by the Contract Doctunents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact business in the state in which the work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Ntunber 570. The expense of these bonds shall be borne by the Contractor. If at any time a Surety on any such bond is declared a bankrupt or loses its right to do business in the state: in which the work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the Owner to do so, ;mbstitute an acceptable bond (or bonds) in I I I I I I I I I I I I I I I I I I I such form and stun and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premituns on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new Surety or Sureties shall have furnished an acceptable bond to the Owner. GC-20. ASSIGNMENTS: 1. 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. GC-21. INDEMNIFICATION: 1. The Contractor will indemnify and hold harmless the Owner and the Engineer and their 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 expens~ 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. 2. In any and all claims against the Owner or the Engineer or any of their 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 Conlractor or any Subcontractor under Workman's Compensation acts, disability benefit acts or other employee benefits acts. 3. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, design or specifications. GC-22 SUBCONTRACTING: 1. T he Contractor may utilize the services of specialty Subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty Subcontractors. 2. The Contractor shall not award work to Subcontractor(s), in excess of fifty (50%) percent of the Contract Price, without prior written approval of the Owner. 3. The Contractor shall be fully responsible to the Ownl~r for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by rum. 4. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to I I I I I I I I I I I I I I I I I I I the work to bind the Subcontractors to the Contractor by the terms of the Contract Docwnents insofar as applicable to the work of Subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Ownler may exercise over the Contractor WIder any provision of the Contract Docwnents. 5. Nothing contained in this Contract shall creatl~ any contractual relation between any Subcontractor and the Owner. GC-23. ENGINEER'S AUTHORITY: 1. The Engineer shall act as the Owner's representative during the contract period. He shall decide questions which may arise as to quality and acceptability of materials furnished and work performed. He shall interpret the intent of the Contract Doctunents in a fair and unbiased manner. The Engineer will make visits to the site :md determine if the work is proceeding in accordance with the Contract Documents. 2. The Contractor will be held strictly to the intent of the Contract Doctunents in regard to the quality of materials, workmanship and execution of the Work. 3. The Engineer will not be responsible for the collection means, controls, techniques, sequences, procedures or safety. 4. The Engineer shall promptly make decisions relative to interpretation of the Contract Doctunents. GC-24. LAND AND RIGHTS-OF-WAY: 1. Prior to issuance of Notice to Proceed, the Owner sha.ll obtain aU land and rights-of-way necessary for carrying out and for the completion of the work to be performed pursuant to the Contract Docwnents, unless otherwise mutually agreed. 2. The Owner shall provide to the Contractor infonnation which delineates and describes the lands . owned and rights-of-way acquired. 3. The Contractor shall provide at his own expense and without liability to the Owner any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. GC-25. TAXES: 1. The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place where the work is performed. I I I I I I I I I .1 I I I I I I I I I GC-26. ORDER AND DISCIPLINE: 1. The Contractor shall at all times enforce strict discipline and good order among his employees and any employee of the Contractor who shall appear to be incompetent, disorderly or intemperate or in any other way disqualified for or unfaithful to the work entrusted to him, shall be discharged immediately on the request of the Engineer and he shall not again be employed on the work without with the Engineer's written consent. GC-27. SPECIAL RESTRICTIONS: 1. No work shall be allowed after the hours of darkness or on Sunday without pennission of the Owner I I I I I I I I I I I I I I I I I I I SPECIAL CONDITIONS SC-Ol. SCOPE OF WORK: The work under this Contract shall consist ofthe items contained in the Proposal, including all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with the Contract Documents. SC-02. ADDITIONAL SERVICE: Pursuant to this Contract, no customer may be provided additional services by the Contractor which are outside the scope of this Contract. The Contractor shall not charge any customer for services provided by the City under the terms of this Contract. Likewise, the City shall not be responsible to the Contractor or the customer for any additional services provided at the request of the customer by the Contractor. SC-03. DESCRIPTION OF CONTRACT AREA: . The Contract Area designated by the City is described in an attachment to this Contract. Contractor is responsible for collection within the contract area. Estimated units are for reference only and Contractor is responsible for verifying the exact number of units in each contract area. SC-04. GENERATION OF MATERIALS: Because future increases or decreases in population, number of units or generation of residential solid waste and other materials in the contract area cannot be guaranteed, it is expected that proposers will formulate their own projections of amounts of materials to be generated and collected for the purposes of their Proposals. SC-05. CONTRACT PERlOD: The initial term of this Contract is for two years and the City may, at its sole option, renew the Contract for two successive one-year terms (extensions) under the conditions set forth in this Contract. The City shall give the Contractor written notice of its intention to extend the Contract a minimum of ninety (90) days before the expiration of the Contract. Any changes in the Contract terms shall be agreed to and accepted, in. writing, by the City and the Contractor. SC-Q I I I I I I I I I I I I I I I I I I I SC-06. NOTICE TO PROCEED: Since no interruption of the existing service is permissible, service transition (from private or other contractor provided to Contractor-provided service) must be coordinated and executed on the starting date set forth in the Notice to Proceed. The City.intends to issue the Notice to Proceed within three months after award of the Contract. SC-07. CONTRACT DOCUMENTS PROVIDED: The Contractor will be provided with three (3) sets of Contract Documents. Additional sets may be obtained at the cost of printing. SC-08. SOLID WASTE ORDINANCES: Augusta-Richmond County Solid Waste Ordin.mces, available upon request, are hereby incorporated into this Request for Proposals and the Contractor shall comply with the Ordinances in carrying out the Contractor's duties and obligations. SC-09. CONTRACTOR RESPONSIBILITIES: 1. Compliance with Laws and Ordinances: The. Contractor shall comply with all applicable local, state and federal ordinances, statutes, laws, rules and regulations governing the collection, transportation and disposal of solid waste, refuse yard waste, bulky waste and recyclables. No plea of misunderstanding will be considered on account of ignorance thereof. The Contractor shall be in compliance with all applicable Federal, State and/or Local laws regarding emplOyment practices. Such laws wiH include, but shall not be limited to workers' compensation, the Fair Labor Standard.s Act (FSLA), the Americans With Disabilities Act (ADA), the Family and Medical Leave Act (FNILA) and all OSHA regulations applicable to the work. If the proposers or Contractor discover any provisions in the specifications or Contract Doctunents which are contrary to or inconsistent with any law, ordinance or regulation, they shall immediately report it in writing to the: City Engineer. 2. Taxes: The Contractor shall pay all Federal, State and Local taxes and fees which may be chargeable against the performance of the work. No additional compensation will be made to the Contractor for taxes or fees except in the fi)llowing situation: the Contractor may pass through to the City those new taxes and fees levied by the City specifically on garbage haulers after receipt of the bids. SC-l I I I. I I I I I I I I I I I I I I I I SC-lO. HUMAN RESOURCE PROVISION: Personnel Administration: 1. Character and Conduct of Employees: a.The Contractor's employees who normally a:Jld regularly come into direct contact with the public shall bear a means of individual identification to include a uniform with a name badge, name tag or identification card. Shirts and Jackets will be safety orange in color with dark blue pants as approved by the Engineer. b. The Contractor shall assure that employees serve the public in a courteous, helpful and impartial manner. All employees of the Contractor in both field and office shall refrain from belligerent behavior and/or profanity, to the extent that such behavior negatively impacts the provision of service to customers and others with whom the Contractor and its employees come into contact, during the performance of the Contract. Correction of any such behavior and language shall be the responsibility of the Contractor. c. In the event a report is received alleging an employee(s) of the Contractor was wanton, discourteous, belligerent, profane or in any way intimidating, either physically or verbally, the Contractor shall submit a written report to the Engineer outlining the complete details of the incident. Said report shall include the nature of the incident, time, date and location and name, address and telephone nwnber ofthe person alleging the violation. The report shall also include the name and title of the employee and what disciplinary action, if any,. was taken. If an employee of the Contractor is the subject of repeated or egregious allegations of the type described above, the City may request that the employee be barred from further work for the Contractor in connection with this Contract. Upon the City's request, the Contractor shall, immediately, comply with the City's request for the duration of the Contract Time. d. Personnel shall make collection with as little noise and as little disturbance to the customer as possible. e. No employee shall disturb or otherwise interfere with property that is impertinent to the proper execution of his duties. f. Care shall be taken to prevent damage to property including shrubs, flowers and other plants~ g. Additional Contractor Liability: The Contrac:,tor shall be held responsible for any damage to customers property, real or personal, which occurs by the Contractor or the Contractor's agent in the performance of this Contract. If the City, upon on independent investigation, finds that the Contractor has fai.led to completely reimburse the customer for damaged property, the City may pay the customer any monetary amount it deems necessary to make the customer whole and deduct the same from the Contractor's montWy payment. SC-2 I I I I I I I I I I I I I I I I I I I 2. Nondiscrimination: a. The Contractor agrees that it has adopted and will maintain and enforce a policy of nondiscrimination on the basis of race, color, religion, sex, age, national origin or disability. b. The Contractor agrees that on written requesl:, it will permit access during normal business hours to its records of employment, employment advertisements, application forms and other pertinent data and records to the City, for the purpose of investigation to ascertain compliance with the nondiscrimination provisions of this Contract. c. The Contractor agrees that it will inform the City in writing of any alleged violation(s) of employment practices, which its employees file with the Equal Employment Opportunity Commission, Labor Department or any other Federal or State compliance agency. Also the Contractor will inform the City of the final disposition of such cases. 3. Drug-Free Workplace: The Contractor will take the necessary steps to assure that he maintains a drug-free workplace. These steps shall include but" shall not necessarily be limited to the following: compliance with the Federal Drug-Free Workplace Act, Substance Abuse and Mental Health Services Administration (SAWISA) standards and regulations, Federal Department of Transportation laws andState law regarding drug testing. SC-l1. SCHEDULES. ROUTES AND PUBLIC INFORt\tIATION: The Contractor shall submit detailed route maps and route summaries to the Engineer within thirty (30) working days prior to implementation of service. Those routes will be doctunented on detailed route maps which show the area to be collected, the starting point for collection and the exact direction of travel and order of travel of streets to be collected. These routes shall be approved by the Engineer prior to the initiation of any service delivery. Notification to customers will be issued by the Contractor within ten (10) working days prior to implementation of service. Notification of customers is the Contractor's sole responsibility. Any subsequent changes of routing or schedule must be approved by the Engineer prior to imp lementation. All such changed routes must be doctunented in the same detail as the original maps supplied by the Contractor. Notification of customers in a timely manner about route and scheduling changes, as well as public education and community outreach programs, is the Contractor's sole responsibility. To ensure coordination of public information, all materials and information that will be disseminated to customers must be pre-approved by the Engineer before dissemination. It is the 'Contractor's responsibility to coordinate production and dissemination of schedules to allow for reasonable review time by the Engineer, as well as for revisions, and coordination of messages, as well as meeting City publication deadlines, as applicable. . SC-3 I I I I I I I I I I I I I I I I I I I All notices' should provide City-wide information to minimize any confusion that might occur between City and Contract Area customers. The public education program shall include information on recycling and waste reduction, in support of the City's, County's and State's Waste Reduction Programs and Goals. SC-12. SERVICE FREQUENCY: The Contractor shall provide regularly scheduled service for all collections from the curb (or other Designated Collection'Area) to each unit within Contract Area. Frequency of collection will be determined by City prior to an award of the Contract. Alternatives as listed in the bid schedule will be the basis on the frequency of collection. SC-13. DAYS OF COLLECTION: Scheduled days of collection are limited to Monday thru Friday, except for special downtown business district, which incorporate:s Saturday pickup on refuse only. No regularly scheduled collection shall be allowed on Sunday without the prior approval of the Director of Public Works. HOLIDAYS: Collection by the Contractor ~ill be suspended on the observed day of City Holidays as, shown below: NEW YEAR'S DAY INDEPENDENCE DAY THANKSGIVING DAY CHRISTMASDA Y The Contractor shall submit to the City withinthirty (30) days prior to the starting date, a schedule of alternate days of collection for customers whose normal collection day falls on a holiday. The schedule will beapproved'by the City and the Contractor will notify customers along with regular schedule. SC-14. OFFICE: The Contractor shall maintain an office or such other facilities through which it can be contacted. It shall be equipped with sufficient local telephones and shall have a responsible person in charge from 8:00 am to 5:00 pm on regular collection days. The Contractor shall also provide a local telephone number where the,Contractor may be contacted at all other times. SC-4 I .1 I I I I I I I I I I. I I I I I I I SC-15. COMPLAINTS: All complaints shall be made directly to the Contractor and shall begiven prompt and courteous attention; In the case of alleged missed scheduled collections, the Contractor shall investigate and if such allegations are verified, shall arrange for the collection of the refuse not collected within 24 hours after the complaint is received, unless otherwise . instructed by the Engineer. SC-16. CARE AND DILIGENCE: The Contractor shall exercise all reasonable care and diligence in collecting solid waste, recyclables, yard waste and bulky waste. EvelY effort must be make to prevent spilling, scattering or dropping solid waste during the collection process. However, in the event that solid waste is spilled, scattered or dropped, the collector shall immediately clean up the material. Containers must be replaced in an upright position with lids closed. If the container falls over, the collector must immediately reset the container. The Contractor acknowledges that solid waste collection easements are frequently co- located with other utility easements, Therefore, particular attention must be given to the location of water meters, mailboxes, transformers, wires, utility poles and irrigation structures. Authorization to use the easement d.oes not abrogate the Contractor's responsibility to exercise caution in relationship to the property of other authorized users or owners. The Contractor shall be solely responsible for all damages to containers and property resulting from the Contractor's actions or omissions. SC-17. COLLECTION VEHICLES: The Contractor shall provide and maintain during the entire period of this Contract a fleet of solid waste collection vehicles sufficient in number and capacity to perform the work and render the service required by this contract. The vehicles must contain the solid waste, yard waste, bulky waste and recyclables so that no material is spilled, leaked or blown from the vehicle during its transit to the appropriate disposal site as specified by the City. The fleet must be sufficient to handle the special requirements of adverse weather and holiday overloads. The Contractor's vehicles and other equipment must be clearly identified as determined by the Engineer. This identification shall be affixed to each vehicle and piece of equipment. All vehicles and equipment used in the provision of collection and removal service shall be in good repair, clean, well-maintained and free of excessive noise, odor or emissions. The Contractor shall mamtain collection equipment in good repair at all times. All parts and systems of the collection equipment shall be operated and maintained properly. Contractor shall take reasonable care to prevent damage to rollout containers during collectioI).. sc-s I I I I I I I I I I I I I I I I I I "I The Contractor shall provide an adequate number of vehicles for regular collection services with sufficient backup collection vehicles in case of mechanical breakdown, to complete contract requirements. All vehicles and other equipment shall be kept in good repair, appearance and in a s"anitary condition at all times. Each vehicle shall have clearly visible on each side, the vehicle number along with the identity and telephone number of the Contractor. The Contractor shall supply the City with a list of all equipment, including equipment identification numbers, that shall be used in fhlfilling this Contract and shall notify the City of additions or deletions as they occur. It is the City's intent to control the use of the Designated Disposal Facilities by ensuring that no materials from outside the Contract Area are delivered to those Facilities. It is expressly forbidden for the Contractor to deliver any materials, even partial loads, not collected in performance of this Contract, to Designated Disposal Facilities and present them as materials collected as part of this Contract. The City therefore reserves the right to require the affixation of specific · identification on Contractor vehicles and other vehicles used to perform services in this Contract. In addition, the City reserves the right to monitor the performance of the Contractor's duties, inclllding the routes and collections made, customer reports, trips to Designated Disposal Facilities and other destinations, the content of individual loads or portions ofloads disposed of at Designated Disposal Facilities and the Contractor's records at any time, in order to ensure the Contractor's compliance with this Contract. Accordingly, each vehicle used by or on behalf of the Contractor in the Contract Area shall collect materials only from Units in the Contract Area while in the performance of its duties under this Contract. SC-18. TIME OF COLLECTION: The Contractor shall not start materials collection prior to 7:00 a.m. nor continue collections after 7:00 p.m. In an emergency, the Contractor may request authorization from the City Engineer to work beyond 7:00 p.m. No collection may occur during the hours of darkness without written permission of the Owner/Engineer. Contractor must furnish collection service in the 500 thru 1200 block of Broad Street prior to 9 a.m. (0900 hours) each service day. SC-19. DISPOSAL: Prior to the commencement of services hereunder, the City shall provide and designate to the Contractor, a solid waste disposal. facility or landfill for the disposal of the refuse collected and removed by the Contractor during the term of this Contract. The Contractor shall be required to dispose of all such refuse collected at the designated solid waste disposal facility or landfill site.. The City reserves the right to change or alter the disposal facility or landfill from time to time. Should the City change any Designated Disposal Facility to one in an area of greater distance than that previously designated and provided SC-6 I I I I I I I I I I I I I I I I I I I such new Designated pispbsal Facility results. in doctunented increased costs to the . Contractor, the Contractor may request additional compensation from the City for its increased costs. Additional costs will be listed. in the bid schedule. No additional cost will be considered for change of disposal location other than those listed in the bid schedule. SC-20. HAULING: All refuse hauled by the Contractor shall be so contained, tied or enclosed that leaking, spilling or blowing are prevented. The Contractor shall be fully and solely responsible for any consequential cleanup. . . SC-21. RESPONSIBILITY FOR MATERIALS COLLECTED: Upon placement of~aterials collected in performance of this Contract into the Contractor's vehicle, transport of those materials to the Designated Disposal Facility become the sole and complete responsibility of the Contractor. The foregoing, however, shall not be construed to prejudice any rights the City may have to control the disposal of such refuse, including the de~iination of a disposal facility or the manner or types of refuse disposal. The foregoing, also, shall not be construed to prejudice any rights Contractor may have against any container customer who places in a container, refuse other than non-hazardous solid waste which is permitted to be collecteq in Contractor's vehicles and disposed of in a non-hazardous solid waste sanitary landfill. SC-22. WORK: It is the Contractor's responsibility to supervise the work in progress and to provide direction to employees in the field. The City does, however, intend to monitor the Contractor's performance, through data tracking and analysis and through on-site monitoring and inspection. If the moriitor records deficiencies which must be corrected, the Contractor shall notify the City when these deficiencies have been corrected. The monitor will recheck the work to determine that it has been completed satisfactorily. SC-23: DESIGNATED DISPOSAL FACILITIES: a. All refuse except recyclables-collected as part of this Contract shall be delivered to: AugustalRichmond County Landfill 4330 Deans Bridge Road Blythe, GA 30805 (706) 592-9634 CONTRACTOR WILL NOT BE RESPONSIBLE FOR DISPOSAL FEES. b. All yard waste collected as part of this Contract shall be delivered to: . SC-7 I I I I I I I I I I I I I I I I I I I Augusta/Richmond County Landfill (Inert Cell) 4330 Deans Bridge Road Blythe, GA 30805 (706) 592-9634 ' ,/ CONTRACTOR WILL NOT BE RESPONSIBLE FOR DISPOSAL FEES. c. All bulky waste, except tires, collected as part of this Contract shall be delivered as follows: 1. Furniture and related items: Augusta/Richmond County Landfill 4330 Deans Bridge Road Blythe, GA 30805 CONTRACTOR WILL NOT BE RESPONSIBLE FOR DISPOSAL FEES. CONTRACTOR WILL SEPARATE MATERIALS AT PROPER DISPOSAL AREAS. 2. Stoves, refrigerators, water tanks, washing machines and related items commonly known as white goods: CONTRACTOR WILL NOT BE RESPONSIBLE FOR DISPOSAL FEE A1'ID/OR SALVAGE VALUE. NO ADDITIONAL COST WILL BE CHARGED TO CITY OTHER THAN THAT LISTED IN BID SCHEDULE. CONTRACTOR WilL SEGREGATE THIS MATERIAL AT THE LANDFILL AT PROPER SAL V AGE AREAS AS DETERMINED BY THE ENGINEER. 3. Tires arid related items: CONTRACTOR WILL BE RESPONSIBLE FOR DISPOSAL FEE AND/OR SAL V AGE VALUE. NO ADDITIONAL COST WILL BE CHARGED TO CITY OTHER THAN THAT LISTED IN BID SCHEDULE. The Contractor shall observe the hours of operation of this facility. 4. Recyclables: CONTRACTOR WILL BE RESPONSIBLE FOR SALE/SALVAGE OR DISPOSAL OF RECYCLED ITEMS TO A QUALIFIED VENDOR AS APPROVED BY THE ENGINEER. NO ADDITONAL COST WILL BE CHARGED TO THE CITY OTHER THAN SAID PRICE LISTED IN THE CONTRACT. SC-8 I I I I I I I I I I I I I I I I I I I SC-24. EMERGENCY PLAN: No later than ten (10) working days prior to initiation of service, the Contractor shall submit an emergency plan to the City Engineer which shall detail those actions which the Contractor will take to deal with emergency situations such as extreme cold temperatures, snow/ice, fire or natural disaster which would require a deviation from normal operating procedures. The Emergency Plan shall also include emergency phone ntunbers for the key headquarters and for key contact persons such that a responsible contact person is available to the City at all times. SC-25. REPORTING REQUIREMENTS: The Contractor shall be responsible for maintaining and submitting reports on a weekly, monthly, quarterly and semi-annual basis. The Contractor shall maintain and provide to the City throughout the entire term of the agreement a report containing a complete file of service recipients coded by category. The Contractor may also provide all reports on computer disk in a compatible database format approved by the City. Weekly reports shall be transmitted to the City no later than the Monday by 8:30 a.m. morning following the reporting period. For the purposes of the weekly report, a weekly reporting period shall be defined as Monday, Tuesday, Wednesday, Thursday, Friday and Saturday. Each week's report shall consist of the following information: - Route operational data form - Vehicle identification number/corresponding landfill permit ntunber - Daily staffmg summary - Weekly complaint/unserviced location, complaint resolution and timing of complaint resolution - Daily landfill ticket - Daily route sheet Monthly reports shall include all of the information described in this Section and shall be submitted with a cover letter that abstracts the report and highlights major accomplishments, problems, trends and other pertinent information during the preceding month. The Contractor shall provide data on customer participation rates of refuse, yard waste, recycIables, and bulky waste services for the Contract Area. All reports shall be submitted on a semi-annual basis in accordance with the City's fiscal year (Jan. 1 to Dec. 31). For purposes of reports, the first reporting period shall be defined as January, February, March, April, May and June. The slecondreporting period shall be defined as July, August, September, October, November and December. The Contractor shall submit reports within thirty (30) calendar days after the end of each reporting period. No later than thirty (30) calendar days after the end of the second reporting period, the SC-9 I I I I I I I I I I I I I I I I I I I Contractor shall submit to the City an annual report covering the immediate preceding Contract year and include the following infonnation: - A collated summary of the information contained in the weekly, monthly and quarterly reports, including reconciliation of any and/or adjustments from prior reports. - A discussion of highlights and other notewonhy experiences along with measures to resolve problems, increase efficiency and increase participation. - A description of all public information programs undertaken with audiences reached and methods of public information programs. The obligation to submit an annual report shall survive the termination or expiration of this agreement. The Contractor shall submit an annual report for the final Contract year of this agreement no later than thirty (30) calendar days after the end of each year of the agreement. The City may withhold payment of balances due the Contractor at the end of the Contract until such final report is received and accepted by the City. All reports shall be submitted in approved fomlat to: Office of the Director of Public Works and Engineering 701 Municipal Bldg. 530 Greene Street Augusta, GA 30911 SC-26.. COLLECTION REQUIREMENTS: 1. It is the purpose of the specifications to provide a framework for accomplishing the result in maintaining a sanitary environment for the residents of the City. This section addresses the collection of refuse from the Collection Area of the City as described in these specifications. The intent of the work is to collect all refuse placed out for collection within the Contract Area. a. Time of Collection: The Contractor shall collect all refuse placed on streets or easements in rollout containers provided by the Contractor. Contractor collection days will be determined from the bid schedule base bid or alternate bid. b. Containers: The Contractor will provide initial rollout containers, and recyclable bins, any replacement containers and bins, and additional containers and bins to customers to be served. The ntunber of containers and bins distributed shall be solely the decision of the Contractor; however, the Contractor is required to provide a minimum of one rollout container and recycling bin per unit. Minimtun rollout size will be 90 - 95 gallons. Specifications forrollout containers and recycling bins will be submitted for approval. Repairs to containers and bins shall be performed by the Contractor. This SC-IO I I I I I I I I I I I I I I I I I I I includes replacements of wheels, lids, hinges, axles and handles. c. Places of Collection: Normal Collections - Normal collection points for residential solid waste shall be curbside (adjacent to roadway) accessible to mechanized solid waste collection equipment. Customers shall be notified by the Contractor, using materials pre- approved by the City, that: (1) rollout containers should be placed within two feet of curb with handles facing away from the slreet. (2) The container should be at least three feet from trees, mailboxes, cars, othc~r rollout containers, yard waste, recyclables and other obstructions. (3) The collection vehicle should have clear access to the container. (4) All refuse shall be placed within the rollout container. Normal collection points will also include: Designated Collection Areas in Multi- Family Housing Units and Designated Non-Residential Units. Rollout containers shall be carefully handled by the personnel and shall be thoroughly emptied and left at the premisl~ where they are found, standing upright and with covers placed back on the rollout container. This work shall be done in a sanitary manner and any waste spilled by the Collector shall be immediately picked up by the Collector. 2. Yard Waste Collection: The Contractor shall provide curbside collection of yard waste which is composed of grass clippings, leaves, tree and shrubbery trimmings including branches, tree limbs, bushes, shrubbery cuttings and clippings of trees, shrubs or bushes. a. Time of Collection: The Contractor shall collect all yard waste: placed on streets or easements on days as determined from the bid schedule base bid or altemate bid. b. Place of Collection: Normal collection points for residential Y~Id waste shall be at curbside (adjacent to roadway). c. Materials to be Collected: The Contractor shall collect all Christmas trees placed for collection. The Contractor shall collect all yard waste: such as tree limbs not larger than four (4) inches in diameter nor longer than five (5) feet and stacked in piles not to exceed five (5) feet in height. Tree trunks larger than four (4) inches in diameter will not be collected. The maximum amount of yard waste in a pile shall not exceed five (5) feet in height by five (5) feet in width by ten (10) feet in length. SC-ll I I I I I I I I I I I I I I I I I I I The Contractor shall have the authority to decline to collect arty tree or tree limbs where service has been performed for a fee by person(s) other than the property owner. The Contractor shall collect all yard waste placed in plastic bags. Such bags, if closed, shall be clear or transparent; customers may use opaque bags as long as they are left open. In no case may bags weight more than fifty (50) pounds. No more than thirty (30) bags will be collected each collection day at each dwelling unit. In addition, the Contractor shall collect yard waste which is placed in twenty (20) or thirty-two (32) gallon refuse containers without affixing a lid. All leaves, straw, and grass clippings; yard waste, shall be bagged at curbside. Contractor shall properly dispose of plastic bags to avoid contamination of the yard waste stream. The Contractor shall take yard waste collected to the Designated Disposal Facility as specified. In the event of yard waste set out at a unit in the Contract Area that does not meet the specifications above, the Contractor shall a clearly explanatory printed or hand written notice for the customer and notify the City within two hours. Following notification by the Contractor, the City will investigate the matter and advise the Contractor of its decision and of anyaction that is required by the Contractor. If the City finds that the mate:rial set out did meet the specifications, the Contractor will be notified by the City and must return and pick up the yard waste within twenty-four (24) working hours of notification. If the City finds that the material set out did not meet specifications, the Contractor will not be required to return to the unit until the next regularly scheduled pick-up. If, at the next regularly scheduled pick-up, the material set out meets specifications, the Contractor shall pick up the material. 3. Bulky Waste Collection: The Contractor shall provide curbside collection of furniture, appliances, tires, and other items as identified in Contract Documents. a. Time and Place of Collection: The Contractor shall provide collection of bulky items within one week of notification by City or resident. The City shall be given a date on which collection will occur. Collection point will be at curbside. b. Disposal: Bulky waste shall be delivered to Designated Disposal Facilities as specified in this document. SC-12 I I I I I I I I I I I I I I I I I I I 4. Container Collection - Dwnpsters: The Contractor shall provide collection of refuse container at various locations as identified in attachment. a. Containers: Any existing City owned containers will be provided by the City at no charge to the Contractor. Any replacement and/or repair of containers will be the responsibility of the Contractor. b. Time of Collection: The Contractor shall collect all refuse from containers placed at various locations two (2) times per week. The Contractor is to provide a written schedule to customer after approval by the City. c. Place of Collection: All existing placements of existing containers will be considered as points of collection or as determined by the Engineer. SC-27. COLLECTION llvIPEDIMENTS: A nwnber of collection impediments may require special efforts to accomplish this level of service. 1. On Street Parking: Certain neighborhood streets permit "on street parking" which may present impediments to curbside collection services, especially automated services. The Contractor shall perform collection services even if the curb is blocked. No additional fees shall be payable to the Comractor for services provided under these conditions. 2.. Infrastructure Renovation/Streets Blocked by Construction: Periodically major renovation is necessary to maintain the infrastructure of the City. This includes such activities as replacing gas, water and sewer lines, surfacing or resurfacing streets and replacirig wiring for telephone, electricity or cable television. Alternate collection service must be provided during this period of disruption. The Contractor should evaluate each circwnstance individually to determine the appropriate alternative. The City shall be n.otified in writing of the nature of the disruption, its location and the alternative employed to provide service. No additional fees shall be payable to the Contractor for services provided under these conditions. SC-13 I I I I I I I I I I I I I I I I I I I SC-28. CUSTOMER COrvrPLAINTS AND NON-PERFORMANCE: 1. Complaint Receipt and Handling: All customer complaints shall be directed to the Contractor for handling. The Contractor shall notify City in writing of each complaint reported to the City in the Contract Area. It shall be the duty of the Contractor to take whatever steps may be necessary to remedy the cause of the complaint and notify the City of its disposition within one working day (eight work hours) after receipt of the complaint by the Contractor. 2. Damage Claims Resolution: The Contractor shall provide the City with a full written explanation of the disposition of any complaint involving a customer's claim of damage to private property as a result of actions of the Contractor's employees, agents or subcontractors. 3. Public Information Regarding Complaint Procedures: The Contractor shall notify all customers a.bout complaint procedures, rules and regulations on a semi-annual basis and whenever there is a change of service, day(s) of collection, procedures, etc. Notice is to be in the form of printed matter distributed by the Contractor to all units served by the Contractor. All notices must be pre- approved by the City prior to use. 4. Failure to Remedy Complaints: Failure to remedy the cause of the complaint as provided for in the paragraphs above shall be considered a breach of contract. The City will have the right to send a monitor out to check on the resolution of any complaints. If a monitor records deficiencies, they will notify the Contractor of such deficiencies. The Contractor shaH notify the City when these deficiencies have been corrected. The monitor will recheck the work to determine that it has been completed satisfactorily. If the monitor finds that the deficiencies previously noted were not corrected, a charge of current monitor time at actual cost for the monitor's time and associated other costs will be deducted from the payment to the Contractor for each inspection until all noted deficiencies have been corrected. The foregoing does not preclude any other remedies associated with failure to collect or other contractual requirement. SC-14 z '"0 .., mo CA"C =:0 3en men _a. enC") 0.0 c= ;:,CD -.n -- en -. o 1:1 ~)> ~Cil COg) .. P 1181 Z ) -0 ma cn"C =:0 3cn mCD me. c.C') cg ~CD -.(") en= .0 ...~ 0)> oa CJ.)Q) . z , . -0 a m-c ~o _0 en 3 Cl) ~o. - Cl)C") 0.0 c:= ::sCl) -00 -- en -0 o '::s ~)> -"'(1) O)~ CJ1 SF sa z i \ / \\h \r) ;' .. '"C ... mo en1J ~o 3cn ... CD =.c. CDC') 0.0 c= ::sCD -.n -- en -. o l::s 01)> W... WCD Om 0) , / be tier z "'0 ~ mo ~"8 3g; 1>>0. - CDC") 0.0 c= ::JCD -.C') -- en cr 1::J ~)> Q).., r-.JCD r-.JI>> ""-J ~. ~ s..- z - 1J -, mo UJ"C =:0 3UJ m~ - CD . 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L L l L060t: ':.JnoO lilZJlaH 60 L L060t 'l.JnOO JasoC:! .LO L 1'050t 'iM'tf oues CllUOV\l 9-602: L l050t laCl.11S ClUailJ~ 'l'et L l050t SPIOuAClC:lnail.JlS ~lS 'l'060t '1i~aJlS peOJE BeS L 1060t 'H~aJlS ~lL L060t 'SPIOuAilC:ll1aaJlS ~lS 'V060t 'H~il.JlS adnOJl. t060t 'heM UO)leM S060t 'a::leld II!I^J aue 'l'060t '.QS pO oM 'l'060t 'JlS 0 'l'060t '.11S 0 'l'060t '.11S 0 I I I I I I I 09 l SJOlU1elUC: JelO~ r r lIMfeWnlO^ OOOZltlL FOR COLLECTION OF SOLID 'Y AlSTE, YARD WASTE RECYCLING AND BULKY 'N ASTE - PHASE II AREA 11 THR U ./1REA 18 REFERENCE NO.: 2001-008(B) 1 BID ITEM # 02-053. .( P Bue WORKS &'ENGINEEAING- ENGINEERING DIVIS)ON PREPARED BY PUBLIC WORKS AND ENGINEE]~ING DEPARTMENT BETWEEN CITY OF AUG1USTA & AUGUSTA DISPOSAL & RJ&:CYCLING, INC. \ ROOM 605, MUNICIPAL BUILDING 530 GREENE STREET, AtJGUSl'.A, GEORGIA 30911 Bid December 2001 '" Awarded March 2002 \ ~ ~} ... ."" . ,- ,. STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) SOLID WASTE COLLECTION CONTRACT EXTENSION AGREEMENT THIS AGREEMENT, made this 18th day of March, 2004 by and between Augusta Georgia, a political subdivision of the State of Georgia, (hereinafter called "Owner") and Augusta Disposal and Recycling, Inc., a corporation, doing business as a corporation, (hereinafter called "Contractor"). WITNESSETH WHEREAS, Owner and Contractor entered a contract on the 5th day of March, 2002, wherein Contractor agreed to provide Owner solid waste collection services within certain sections of Augusta-Richmond County known as 13, 14 and 15 in consideration of those charges to Owner as stated in paragraph 4 of said Contract; and WHEREAS, Owner chose not to exercise its sole option and right to extend said Contract in said districts on or before March 3, 2004 as provided the contract docwnents (Section S-05, "Contract Period"); and WHEREAS, Owner and Contractor now desire that solid waste collection servIces continue after June 3, 2004 in said districts without intenuption; and WHEREAS, Owner further desires during the period June 3, 2004 through June 3, 2005 to enter another contract with Contractor with a charge therein to Owner based on Contractor's unit cost of service, NOW, THEREFORE, in consideration of the premises of the agreements herein, the monies to be paid and the services to be rendered the Owner and Contractor agree as follows: ~. :; 1. Owner and Contractor re-adopt the prOVlSlOns of said Contract and related contract documents dated March 5, 2002 effective on and after June 3, 2004 excepting and deleting therefrom the last two subparagraphs of section 4 of said Contract. 2. And, in lieu thereof, the parties do hereby agree to substitute the following: The Contract term is extended by this extension agreement for a one-year term from June 3, 2004 through June 3, 2005. The Contractor agrees to perform all work as described in said Contract Documents as amended by this Extension Agreement for the period June 3, 2004 through June 3, 2005 in the following sums: Section 13: $451,348.00; Section 14: $41,045.00; and Section 15: $144,545.00. 3. OWner and Contractor readopt and incorporate by reference herein their agreement dated March 5, 2002, except as provided in this extension agreement. 4. In the event of a conflict between the terms of the agreement of March 5, 2002 and this extension agreement, the terms of this extension agreement shall control. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 6. The parties agree to execute any other documents or take any other actions necessary to effect this Agreement. IN WITNESS WHEREOF, the parties have hereto executed, or caused to be executed by it's duly authorized official (s), this Agreement in five (5) copies~ each of which shall be deemed an original 'on the date above first written. 2 i'. Owner: Augusta, Georgia, f/k/a Augusta-Richmond County, Georgia by and through its authorized representative: AUGUSTA, GEORGIA By_ ~ ~~~ As its Mayor ffi;o Attest: , 7I7a~Z7< /J m<0~ /O~.Clerk . AUGUSTA DISPOSAL AND RECYCLING, INC, By I~ r:Z-. As its ~ Title: ?~ I l./la 1Q..4.. ~ - -~ '. F: ISHERP ARDJSTEVE\CITYlSWCONTRACTA UGDfSPOSAL. DOC '" ' ; '~ : : /'4 ....'- >. - . . - -.................- -. . - ... - 3 .- .' STATE OF-GEORGIA ) ) COUNTY OF RICHMOND ) SOLID WASTE COLLECTION CONTRACT EXTENSION AGREEMENT REGARDING SECTIONS 13A, 13B, 14A, 14B, 15A AND 15B THIS AGREEMENT, made thisda- day of April, 2004 by and between Augusta Georgia, a political subdivision of the State of Georgia, (hereinafter called "Owner") and Augusta Disposal and Recycling, Inc., a corporation, doing business as a corporation, (hereinafter called "Contractor"). WITNESSETH WHEREAS, Owner and Contractor entered a contract on the 5th day of March, 2002, wherein Contractor agreed to provide Owner solid waste collection services withi~ certain sections of Augusta-Richmond County known as 13~ 14 and 15 in consideration of those charges to Owner as stated in paragraph 4 of said Contract; and subsequently extended said services to sections 13A, 13B, 14A, 14B, 15A, and 15B; WHEREAS, Owner chose not to exercise its sole option and right to extend said Contract in said districts on or before March 3, 2004 as provided the contract documents (Section S-05, "Contract Period"); and WHEREAS, Owner and Contractor now desire that solid waste collection services continue after June 3,2004 in said districts without interruption; and WHEREAS,Owner further desires during the peri.od June 3, 2004 through June 3, 2005 to enter another contract with Contractor with a charge therein to Owner based on Contractor's, unit cost of service. ...... , NOW, THEREFORE, in consideration of the premises of the agreements herein, the monies to.be paid and the services to be rendered the Owner and Contractor agree as follows: 1. Owner and Contractor re-adopt the provisions of said Contract and related contract documents dated March 5, 2002 effective on and after June 3, 2004 excepting and deleting therefrom the last two subparagraphs of section 4 of said Contract. 2. And, in lieu thereof, the parties do hereby agree to substitute the following: The Contract term is extended by this extension agreement for a one-year term from June 3, 2004 through June 3, 2005. The Contractor agrees to perform all work as described in said Contract Documents as amended by this Extension Agreement for the period June 3, 2004 through June 3, 2005 in the following sums: Section 13A: included in Extension Agreement dated March 13,2004; Section 13B: $31,928.00; Section 14A: included in Extension Agreement dated March 13,2004; Section 14B:. $1,387.00; Section 15A: $35,281.00; and Section 15B: $ 10,848.00. 3. Owner and Contractor readopt and incorporate by reference herein their agreement dated March 5, 2002, except as provided in this extension agreement. 4. In the event of a conflict between the terms of the agreement of March 5, 2002 and this extension agreement, the terms of this extension agreement shall control. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 2 7 6. The parties agree to execute any other documents or take any other actions necessary to effect this Agreement. IN WITNESS WHEREOF, the parties have hereto executed, or caused to be executed by it's duly authorized official (8), this Agreement in five (5) copies, each of which shall be deemed an original on the date above first written. Owner: Augusta, Georgia, f/kJa Augusta-Richmond County, Georgia by and through its authorized representative: AUGUSTA, GEORGIA Attest: ;~ By:_ 7d,~~ ~ As its Mayor .@~ Clerk AUGUSTA DISPOSAL AND ;~~ TItle: f\ Attest: ~e~A~7a~ " -7' i ~. ~ ~F:\SHEPJ:ARD\STEV~\C[TY\SWCONTRA CT.A UGDlSPOSAL.DOC \<\:::..;. . ,...."'... 3 "i <!.-';\ STATE OF- GEORGIA. ) ) COUNTY OF RICHMOND ) SOLID WASTE COLLECTION CONTRACT EXTENSION AGREEMENT REGARDING SECTIONS 13A, 13B, 14A, 14B, lSA AND 15B THIS AGREEMENT, made this~ day of April, 2004 by and between Augusta Georgia, a political subdivision of the State of Georgia, (hereinafter called "Owner") and Augusta Disposal and Recycling, Inc., a corporation, doing business as a corporation, . (hereinafter called "Contractor"). WITNESSETH WHEREAS, Owner and Contractor entered a contract on the Sth day of March, 2002, wherein Contractor agreed to provide Owner solid waste collection services within certain sections of Augusta-Richmond County known as 13, 14 and 15 in consideration of those charges to Owner as stated in paragraph 4 of said Contract; and subsequently extended said services to sections 13A, 13B, 14A, 14B, lSA, and lSB; WHEREAS, Owner chose not to exercise its sole: option and right to extend said Contract in said districts on or before March 3, 2004 as provided the contract documents (Section S-OS, "Contract Period"); and . WHEREAS, Owner and Contractor now desire that solid waste collection servIces continue after June 3, 2004 in said distriCts without interruption; and WHEREAS, Owner further desires during the period June 3, 2004 through June 3, 200S to enter another contract with Contractor with a charge therein to Owner based on Contractor's unit cost of service. .-;-' NOW, THEREFORE, in consideration of the premises of the agreements herein, the monies to be paid and the services to be rendered the Owner and Contractor agree as follows: 1, Owner and Contractor re-adopt the provisions of said Contract and related contract documents dated March 5, 2002 effective on and after June 3, 2004 excepting and deleting therefrom the last two subparagraphs of section 4 of said Contract. 2. And, in lieu thereof, the parties do hereby agree to substitute the following: The Contract term is extended by this extension agreement for a one-year term from June 3, 2004 through June 3, 2005. The Contractor agrees to perform all work as described in said Contract Documents as amended by this Extension Agreement for the period June 3, 2004 through June 3, 2005 in the following sums: Section 13A: included in Extension Agreement dated March 13,2004; Section 13B: $31,928.00; Section 14A: included in Extension Agreement dated March 13,2004; Section 14B: $1,387.00; Section l5A: $35,281.00; and Section 15B: $ 10,848.00. 3. Owner and Contractor readopt and incorporate by reference herein their agreement dated March 5, 2002, except as provided in this extension agreement. . 4. In the event of a conflict between the terms of the agreement of March 5, 2002 and this extension agreement, the terms of this extension agreement shall control. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 2 " " f 6. The parties agree to execute any other documents or take any other actions necessary to effect this Agreement. IN WITNESS WHEREOF, the parties have hereto executed, or caused to be executed by it's duly authorized official (s), this Agreement in five (5) copies, each of which shall be deemed an original on the date above first written. Owner: Augusta, Georgia, f/k/a Augusta-Richmond County, Georgia by and through its authorized representative: Attest: )~ AUGUSTA, GEORGIA ~~:i~M~l~ { dfl~ AUGUSTA DISPOSAL AND :CYC~C~ As its ~kJl/;)EAJT Title: Attest: ~h~. . As its ~~/ @/IUlu ~a k-1..- "" - + ~~ F:\SHEPPARD\STEVE\CITY\SWCONTRACT.AUGDISPOSAL.DOC -:..... ./ - . %'.~~ "''''.~...-' _~h ....... -.......-. -- ~ .. " 3 I I I I I I I I. I I I I- I I .1 I I I I J- PROPOSAL FOR COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING & BULKY WASTE- PHASE II Project Reference 2000-008(B)! Augusta-Richmond County Commission-Council Municipal Building Augusta, Georgia 30911 Gentlemen: The undersigned as bidder, herein referred to as singular and masculine, declares as follows: 1. The only parties interested in the proposal as principals are named herein; 2. He has carefully examined and fully understands the Contract Documents, including the drawings and technical specifications; 3. He has made personal examination ofthe site ofthe proposed work. He has satisfied himself as to the actual conditions and requirements of the work; and hereby proposes and agrees that, ifthe Proposal is accepted, he will contract with Augusta-Richmond County to furnish all machinery, tools, apparatus and other means of collection. Also, to do all work and furnish all materials called for in accordance with the requirements of the Director of Public Works, and the true intent of the Contract Documents. He will take in payment for each item of work, thereof, the unit or lump sum price applicable to that item as stated in the schedule below. (Note: Bidders must bid on each item.) 4. Augusta-Richmond County reserves the right to select item 1 on each section of the Bio sheet, and may elect to exercise the option of selecting or rejecting item 2 and/or item 3, Augusta-Richmond County reserves the right to reject any and all bids. BB-l I I I I I I I I I I I I I I I I I I I INFORMATION FOR lBIDDERS Bids will be received by Augusta-Richmond County Commission-Council, Georgia, (hereinafter called the "Owner"), at the office ofthe Purcha.sing Director until 11 a.m., ,2001 and then at said office publicly opened and read aloud. Each bid must be submitted in a sealed envelope, addressed to Mayor and Augusta Commission at Augusta Municipal Building, Augusta, Georgia 30911. Each sealed envelope containing a bid must be plainly marked on the outside as bid for COLLECTION OF SOLID WASTE, YARD WASTE RECYCLING AND BULKY 'vV ASTE and the envelope should bear on the outside the name of the bidder, his address and his license number, if applicable, If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed the Mayor and Augusta-Richmond County Commission-Council, c/o Clerk of Commission-Council, City-County Municipal Building, Augusta, Georgia 30911. All bids must be made on the required bid form. All blank spaces for bid prices must- be filled in, in ink or typewritten, and the bid foml must be fully completed and executed when submitted. Only one copy of the bid fonn is required.. The Owner may waive any infom1alities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within sixty (60) days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the bidder. . Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by examination of the site and a review of the drawings and specifications including addenda. After bids have been submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done. The Contract Documents. contain provisions required for the implementation, performance, and construction of the project. Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the Contract. Each bid must be accompanied by a bid bond payable to the Owner for five percent of the total amount of the bid. As soon as the bJd prices have been compared, the Owner will return the bonds of all except the three lowest responsible bidders, When the Agreement is executed the bonds of the remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the payment and performance bond have been executed and approved, after which it will be returned. A certified check may be used in lieu of a bid bond. IFB-l I I I I I I I I I I I I I I I I I I I A performance bond and a payment bond, each in the amount of 100 percent of the contract price, with a corporate surety approved by the Owner, will be required for the faithful performance of the Contract. Attorneys-in-fact who sign bid bonds or payment bonds and performance bonds must file with each bond a certified and effective dated copy of their power of attorney. The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance bond and payment bond within ten calendar days from the date when notice of award is delivered to the bidder. The notice of award shall be accompanied by the necessary Agreement and bond forms. In case of failure of the bidder to execute the Agreement, the Owner may at his option, consider the bidd.er in default, in which case, the bid bond accompanying the proposal shall become the property of the Owner. The Owner within ten days of receipt of acceptable performance bond, payment bond and Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate ofthe Agreement. Should the Owner not execute the Agreement within such period, the bidder may, by written notice, withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. The notice to proceed shall be issued within ten days of the execution of the Agreement by the Owner. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and the Contractor. If the notice to proceed has not been issued within the ten day period or within the period mutually agreed upon, the Contractor may terminatle the Agreement without further liability on the part of either party. The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Agreement and complete the work contemplated therein. A conditional or qualified bid will not be accepted. Award will be made as a whole ~o one bidder for each section. No single bidder will be awarded combined sections that equal more than 50% of the estimated total available service units is identified contract area. All applicable laws, ordinances and rules ,md regulations of all authorities having jurisdiction over the construction of the project shall apply to the contract throughout. IFB-2 I I I I I I I I I I I I I I I I I I I Each bidder is responsible for inspecting the site. and for reading and being thoroughly familiar with the Contract Doclll11ents. The failure or omission of any bidder to do any of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid. The low bidder must supply the names a:Jld addresses of major material suppliers and subcontractors when requested to do so by the Owner. Inspection trips for prospective bidders will be conducted by the Owner if requested in writing by the bidder. Such request shall be directed to the Director of Public Works by the bidder. The bidder agrees to abide by the requirements under Executive Order No. 11246, as amended, including specifically the provisions of the Equal Opportunity clause set forth in the Supplemental General Conditions. The engineer is the Director of Public Works. All bidders are encouraged to utilize, to the maximum extent possible, local labor forces and suppliers of materials which have residences, offices or places of business within Augusta- Richmond County, Georgia. While Augusta-Richmond County encourages the utilization of local laborers and supplies on a purely voluntary basis on local public works projects, nothing contained herein shall impose any legal or contractual obligation for any bidder to do so. IFB-3 I I I I I I I I I I I I I I I I I I I STATE OF GEORGIA COUNTY OF RICHMOND ) ) AGREEMENT THIS AGREEMENT, made this 5th day of March, 2002, by and between the Augusta Commission, hereinafter called "Owner" and Augusta Disposal & Recycling. doing business as a corporation, hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements as hereinafter mentioned: 1. The Contractor will commence and complete the project of COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING AND BULKY WASTE - PHASE II in compliance with the Contract Documents and within Sections 13 , ~ and 15 of Augusta-Richmond County, as s<l;id Se~tions are more particularly described in an attachment to the "Contract Documents" as herein defined. 2. The Contractor will furnish all materials, supplies, tools, equipment, labor and other services necessary to comply with its obligations under the "Contract Documents" as herein defined. 3, The Contractor will commence the work required by the Contract Documents no later than June 3, 2002 and will continue said work for a term of two (2) years ending on_ June 3, 2004 , unless the Contract is, at Owner's sole option, extended for additional terms as provided in the Special Conditions of the "Contract Documents" as herein defined, A-l I I I I I I I I I I I I I I I I I I I 4, The Contractor agrees to perform all the work described in the Contract Documents for the period June 3, 2002 through June 3, 2003 for the following sums: Section 13: 423,403 Section 14: 38,504 Section 15: 135,596 The Contractor agrees to perform all the work described in the Contract Documents for the period June 3. 2003 through June 3. 2004 for the following sums: Section 13: 433,989 Section 14 : 39,467 Section 15: 138,985 In the event the Contract term is extended for an additional one-year term as provided in the "Contract Documents", the Contractor agrees to perform all the work described in the Contract Documents for the period June 3, 2004 through June 3. 2005 for the following sums: Section 13: 451,348 Section 14 : 41,045 Section 15: 144.545 In the event the Contract term is extended for an additional one-year term as provided in the "Contract Documents," the Contractor agrees to perform all the work described in the Contract Documents for the period June 3, 2005 through June 3. 2006 for the following sums: A-2 I I I I I I I I I I I I I I I I I I I Section 13: 469,402 Section 14: 42,687 Section 15: 150,326 5. The Contractor agrees to provide to the Owner, within ten (10) days of the date of notification of acceptance of his proposal, performance and payment bonds in the amount of _ $604,972 , which amount is equal to 50% of Contract Price for two (2) years base or bid sum of$I,209,944. (Addendum #1) 6. The term "Contract Documents" means and includes the following: Advertisement for Bids Information for Bidders Proposal Bid Bond Notice of Award Agreement Performance/payment Bond Certificate of Owner's Attorney Notice to Proceed Change Order General Conditions Supplemental General Conditions Special Conditions Technical Specifications Drawings Addenda: 7. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 8. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns, 9. The parties agree to. execute any other documents or take any other actions necessary to effectuate this Agreement. A-3 I I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in five (5) days copies, each of which shall be deemed an original on the date first above written. BY: OWNER: NAME: ~ 1J*YPt :r ;;n1 M~'1 () I TITLE: A-4 (SEA!-) ~ , . .- ' ATTEST: ,"'> BJi~ f{~ ~/ CONTRA:.TOR'Wsta Disposal & Recycling BY:~ . .. , (SEAL)~ NAME: ~ I LLl pr/'-- ~:-R Lo}-j t).& ATTEST: ./ ~ fA (Type or Print) ().JJ.JfiA.. TITLE7l<.e:G\~ BY:-S:7L /~ ," AS ItS :' ,-' -~. " . . ""' .-', \..~ ~_{~:.~< ~ i~~ -~ -" -~----------~-_-::....-_... ":~ .........: "'~;<:::.:-~=="" ,'-~' . . . II . 'I II , Ii , , , 'I , , , , , , SCHEDULE OF PRICES SECTION 13 + 2970 UNITS (13 & 13A on Map) BASE BID 1. Refuse and Yard Waste Collection at Curbside. Two (2) Days Per 'YVeek Pick-Up For Refuse and One (1) Day Per Week Pick-up on. Yard \Vaste. Year 1 Year 2 Year 3 Year 4 J/fL/ 996~ ()e) , ~S~/t:,~O.OO . .3 &?; 7&~J'~ ()CJ . df'dJ ~75--'tJO , 2. Bulky Waste Collection at Curbside One (1) Day Per Week Pick-Up For Bulky Waste: Year 1 Year 2 Year 3 Year 4 ~ 9f'&.tJO . ~~/ 01/ ot)~ 11-31 ~ 9 I. t1 {J /fS; L/39. tJo , 3. Recyclables Collection at.Curbside One (1) Day Per Week Pick-Up for Recyclable Materials: Year 1 Year 2 Year 3 Year 4 Grand Total d~ L/c2d.oo , Jf) $St.tJtJ " .3~ f901.CJtJ Lfl, L/Rf.tJO , I; 7'21; l'Iof.O{) (if YG/t~) !S7; ,J@.iJO . (.1 jGltR) I I I I I I I I I I I I I I I I 11 :1 I SCHEDULE OF PR1CE,S SECTION 14 & 14A 2:.. 296 UNITS ~.BASE BID 1. Refuse and Yard Waste Collection at Curbside. Two (2) Days Per \Veek Pick-Up For Refuse and One (1) Day Per\Vcek Pick-up OIl Yard \:'\Iaste, Year 1 JtJ, &79.00 . -.2/. 1/-57. O{J I I ..3~/ 1/ s: ()tJ .31-; OJ g. tJ() . Year 2 Year 3 Year 4 2. Bulky \Vaste Collection at Curbside One (1) Day Per 'Week Pick-Up For Bulky Waste: Year 1 LJOY5otJ l/- / !' 7. (){) LJ3S4.00 L/5r2CJ. ~ Year 2 Year 3 Year 4 3. Recyclables Collection at Curbside One (1) Day Per 'Week Pick-Up for Recyclable Materials: Year 1 Year 2 Year 3 Year 4 Grand Total SCHEDULE OF PIUCES SECTION 15 + 1066 UNITS '--j, BASE BID 1. Refuse and Yard Waste Collection at Curbside. Two (2) Days Per Week Pick-Up For Refuse and One (1) Day Per -Week Pick-up on Yard Waste. Year 1 /07; 71-6-3. 00 Year 2 //~ /39. 00 , Year 3 //1; ~% -C;O , Year 4 / /9; /4fC, tJO 2. Bulky \Vaste Collection at Curbside One (1) Day Per Week Pick-Up For Bulky . Waste: Year 1 /~ 71/; 00 /6:tJ 79. oc; , ./5; 6?~.?JtJ /0/ 3 ()9. at) Year 2 Year 3 Year 4 3. Recyclables Collection at Curbside One (1) Day Per \Veek Pick-Up for Recyclable Materials: Year! /.1; 43;2; 00 Year 2 I~ 761,otJ Year3 . If/; .31 t: tJtJ Year 4 /~ !9/.1)0 Grand Total S(P~ L/S~. tJO(-.f (EM/.) d1~ 5J'/.OJ (01. Y6M-) ., II II II II ~I II II II 'I 'I 'I II II II 'I 'I ~I ~I ~I The Contract covering the construction of all work described above will be completed within _ calendar days from the date specified in the "Notice to Procl;ed" of the City Engineer for: Dollars ($ ) subject to reductions, additions and deletions provided herein on the basis of measured quantities of completed work and the prices bid. Bidder further agrees to pay as liquidated damages the sum of $300.00 for each, consecutive calendar day (for each applicable section) thereafter as hereinafter provided in Section 15 of the General Conditions. It is understood that the Owner reserves the right to reject any or all proposals or to accept any proposal as deemed that is to the best interest of the Owner. It is also understood that the following addenda as issued du.ring the bid period shall be included as part of the Contract Documents: Addendum Date #/ #~ 01 /tJs/JOO~ I I OI/t;9 /~tJ()d , I The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder will within t~n (10) days from the date of notification of acceptance of his .proposal, execute the contract and furnish the Owner satisfactory performance and payment bonds in the amount equal to fifty percent (50%) of the total yearly base bid sum:' Enclosed herewith is a Bid Bond or a Certi~3el Cl,(.(.1-. in the amount of Sd-JIJ OF /JIG., t];jJ~7ES7 /J/)1t10AlT /fJF ~/.fj. Dollars ($ ) being not less than five percent (5%) percent ofthe total base bid sum. Should the bidder fail to execute the Contract and furnish the Performance and Payment Bonds in case this proposal is accepted, the Owner shall have the right to receive the' amount of the bid ' security as liquidated damages. If the security'is a Certified Check, it may be cashed by the Owner and the amount received shall become the property of the Owner, If the security is a Bid Bond, the , value thereof shall be paid to the Owner by the Surety, BB-II ~ ~ The undersigned by submittal of this proposal, agrees that the above stated amount is proper measure of liquidated damages which the Owner will sustain by the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bonds. The successful bidder shall have a Current Business License. The Owner is an Equal Opportunity Employer. AdG/~<5//9. :D/&9CJS'AL' .lketj('-;/Ale, N7:ltL--R _ I , lL//fm ~'VLCJ/1/ilS ?~/~T Signature & Title of Authorized Representative /JJAIt..' j)o}3ox.3:1 4 )))/ljS/{I/}L: . Y6-j -;-;e//}N6t..c //j)~/STA!/~L Bu'siness Address 13./I/1/1/S:; GA, 3tJJ>()9 City and State Date: 01//'7 /d?()Oo/'" ( . I BB-12 #'. I: .. .: I I I I I I I I I I I I I I I I. I. JAt-.J-08-2002 03: 33 ARC PURCHAS I t'IG P.01/04 530 Greene Street Room 605 Augusta. Ga 30911 'Y';;",',-; :,';!:r:':'::~".f:r<."'::~~~{;: '>~'~'.'.', .'. .' S'City.:QJ,Aligusta.-.'- .: ';". - \ ,J ....' 1 -~'. . l';; """ . 1'" ",' . '. .' ':'~ PUR:C~asi~g: Depi:lrtment _". '.: :.";' .'\~ l.~.~';:::~~~:~;I~i..L..L.~::.;:..,f.,...-- -.";. . . I. " Phone: 706 821 2422 Fax: 706 821 2811 Fax To: Teresa Smith - Public Works. From: Greri A. Sams Fax: 706 796-5045 Date: January 8, 2002 Phone: 706 821 2422 Pages: 3 Re: Bid 02-053 Collection Solid Waste SEE BELOW cc: X Urgent o For Review o Please Comment 0 Please Reply o Please Recycle .Comments: AITACHED IS ADDENDUM 1 - FOR Bid Item #02-o45~ Collection of Solid Waste & Bulky Waste - Phase II. Cc: Larry Camp - Dreamsan. Inc. - 770-909-7026 Tad Sims - Solid Waste Systems,lnc. - 704-549-9321 Chris Mann - Mann Environmental- 706-554-5632 James Brown - Metropolitan Waste - 738-5483 Don English - English Waste - 478-237-9800 Charles Wilson - Onyx Waste - 407-464-0488 H. W. Johnson - Inland Service - 580-353-4557 David Vance - Inland Service - 792-1649 Steve Cobb - Waste Management - 724-5386 Grady Cleveland - Ridgeway Sanitation - 803-685-5710 Norm Girardin - KMAG - 613-1694 Tina Smith - A-1 Sanitation - 79~623 Monlque Woods - Augusta Disposal- 860-7356 Reese Herron - Economy Sanitation - 798-8199 I I I I I I -I I I I I I I I I I I I I . JAN-08-2002 03:34 ARC PURCHAS II-jG . ..-. - -"'. .n__ ~ .". "'h.. .....M..__. P.02/04 L l. Zepp - SFI Waste Service _ 860-2106 Melvin Coleman - Coleman Sanitation - 793-9433 lisle Tyler - Tyler's Sanitation - 803-648-6712 David Cooper - Red River Service - 580-658-3266 Dennis Rich - Richmond Sanitation - 869-8608 Patricia Hester- Hester's Sanitation -793-3782 Walter Homesby - City of Augusta - 2819 ::1 . . II ::i I I I I I. I I I I I I I I I I I I JAN-08-2002 03:24 liRe PURCHRSING P,03/04 Purcl1,3sing Department Carl A. Sams, DIrector Mary Bedenbaugh, Ptirch~lng Agem , Room 60S. MunicIpal Building 530 Greene Street. Augusta, Ga. 30911 (706)821-2422 - Fax (706)821.2811 MEMORAND 0if TO: All Bidders (ff(~ FROM: Geri A. Sams DATE: January 8,2002 SUBJ: ADDENDUM #1 Item Bid #02-053 .Collection of Solid Waste & Bulky Waste - Phase IT for City of Augusta Public Works Department Please Dote the following changes: BB1 ~ Must bid on each item in the section you are bidding on I~B1 - Paragraph 2 - Correct meiling eddress: Garl Sams, Purchasing, 530 Greene St. Rm 605, Augusta, Georgia 30911 Paragraph T - bid bond is 5% of.2 ye.ars. Can be a cer11fied check in lieu of bid bond IFB2 - Paragraph 1 - 5D% of contract price for 2 years Pare graph 9 - no single bidder will b.a awarded combined sections that equal more than 5D% of the estimated total available service units In the ,identified contract area. Should a single bidder be the low bidder on a combined section the.low bidder shall be given first right of refusal on those areas as required to conform with the aforementioned statement in the contract. Schedule of PrIces - Section.14 & 14A. Sase bids should be numbered 1 :2,3. GC.01 Definitions #2. '35 Ibs should be changed to 50 Ibs. #6. Sulky waste - delete "off the rim" #23. Handicap/Spacial Needs - add .~'En8in6er and ~ode Enforcement will determine, specIal needs. This ,:"i11 be determineq by the next business day." , I I I I I I I I I I I I. I I I' I I I I JRN-08-2002 03:24 ARC PURCHASING 1:29. Recycle material - add "cardboard," #30, B 1/2 x 5" #42. Unit - add "residential units wlll be serviced whether thElY are single or multifamily units. There will be no dumpster seNiee with this con1raot." SC.23 #3 - ADD "tires will be removed from the rims if they are dIsposed of at the Augusta-Richmond County Landfill." SG.2S Paragraph #1 - The contractor shall be rBsponsible for maintaining and sub milling reports on a weekly. monthly. quarterly, semI-annual and annual basis, Pag~ SC.11 ADD TO MONTHLY REPORTS "the monthly report shall be !;ubmitted by the 5th working day of the following monlh and shall include.......... . ADD "Quarterlv ReDorts" -Quarterly Reports are to be submitted by the 5t/1 business day of the first reporllng period which shall be defined as January, February, March, The second rsportlng period shall be defined as April. May, June. The third reponing. period shall be July. August, September, The fourth reporting perIod will be October, November, and December. Each quarterly Report shall consist of the following: 1,) Cover Sheet 2.) Phone Call Summary .. 3.) Calls and Complaints 4.) Tonnage Reports 5.) Recycling Report 6,) Non-compliance Waste Report Please acknowledge receipt of addendum in YOllr bid package. If you have any questions regarding this correspondence, please contact me at (706) 821-2422. . Cc: Walter Hornsby, Equal Opportunity Officer Teresa Smith. Public Works' File P,IQ4/04 I Purchasing Department I I Gert A. Sams, Director Mary Bedenbaugh, Purchasing Agent Room 605 - Municipal Building 530 Greene Street - Augusta, Ga. 3091 1 (706) 821-2422 - Fax (706) 821-2811 I I I I A1E~1 0 I0-1]\1J) lI~1 TO: All Bidders FROM: Geri A. Sams DATE: January 9,2002 I I I I I 'I SUBJ: ADDENDUM #2 Item Bid #02-053 Collection of Solid Waste & Bulk)' Waste - Phase II for City of Augusta Public Works Department Please Dote the following changes: BB1 - You must bid on each item in the section you are bidding on IFB1 _ Paragraph 2 - Correct mailing address: Geri Sams, Purchasing, 530 Greene S1. Rm 605, Augusta, Georgia 30911 Paragraph 7 - The bid bond is 5% of 2 years and can be a certified check in lieu of bid bond. IFB2 _ Paragraph 1 - A performance bond and a payment bond, each in the amount of 50% of contract price for 2 years, with a corporate surety approved by the Owner, will be required for the faithful performance of the Contract. I Paragraph 9 - No single bidder will be awarded combined sections that equal more than 50% of the estimated total availableservice units in the identified contract area. Should a single bidder be the low bidder on a combined section that equal more than 50% of the estimated total available service units in the contract, the low bidder shall be given first right oUefusal on those are~s CIs required to conform with the aforementioned statement in the contract. I I I Schedule of Prices - Section 14 & 14A Base bids should be numbered 1,2,3. (new pages to be used enclosed) GC-01 Definitions ,#2. 351bs should be changed to 50 Ibs. I I I I #6. Bulky waste - Furniture, mattresses, stoves, refrigerators, water tanks, washing machines, and non-hazardous waste materials including 200 Ibs. Or less on construction debris and tires. 1 #23. Handicap/Special Needs - add "Engineer will determine special needs." Any clarification required on handicap/special needs shall be provided by the Engineer upon request." 1 #29. Recycle material - add "cardboard." I #30. 8 1/2 x 5" I #42. Unit - add "residential units will be serviced whether they are single or multifamily units. There will be no dumpster service with this contract." SC-23 1 #3 - ADD "tires will be removed from the rims if they are disposed of at the Augusta-Richmond County LandfilL" 1 SC-25 Paragraph #1 - The contractor shall be responsible for maintaining and submitting reports on a weekly, monthly, quarterly, semi-annual and annual basis. I Page SC-11 I ADD TO MONTHLY REPORTS "the monthly report shall be submitted by the 5th business day of the following month and shall include......... ADD "Quarterlv Reports" I Quarterly Reports are to be submitted by the 5th business day of the first reporting period which shall be defined as January, February, March. The second reporting period shall be defined as April, May, June. The third reporting period shall be July, August, and September. The fourth reporting period will be October, November, and December. Each quarterly Report shall consist of the following: I. I 1.) Cover Sheet 2.) Phone Call Summary 3.) Calls and Complaints 4,) Tonnage Reports 5.) Recycling Report 6.) Non-compliance Waste Report I I Ple?se acknowledge receipt of addendum in your bid package. I If you have any questions regarding this correspondence, please contact me at (706) 821-2422. I Cc: Walter Hornsby, Equal Opportunity Officer Teresa Smith, Public Works File I I I I I I I I I I I I I I I I I I I I I ~T~' ,-- 11~.Lt-1 P~~~':' "I nf"I-; TITLE 4 PUBLkC HKA..LTH CHAPTER] ANIrvlALS AND FO'VL ARTICLE I IN GENERAL S 4-1-1. SHORT TITLE. This chaplet moy be cited as the Allillll/l CUII/I'ol Ol'e/jlll/Ilce or:ll1gllslfI-RichJlluI1<1 COIIIl(I.'. ~ 4-1-2. CREATIO!\ OF ANI1\'IAL CONTROL DEI'ARTMEKT; DUnES OF ..\..1\TILA.L CONTROL OFFICERS-GENERULY. The Augusl~.Rkhl11ond County Animal Control Dcpartment is hcr~by ~st~blished. oad tbe Commission sholl employ the ne~l:ss~ry anim31 control officcrs 10 administer and enforce the provisions of Ihis Chapter. The anim~1 cnntml officers ~hall have the authority to issue citations for vi,'blions of this Chapter und perforlll such other duries as are prescribed herein. An animal control ofiicer shall wear 0 numbered badge idemifying him as on animal comrol ofiiccr. S 4-1-3. ORG~'\lZATIOI\. The person in charge or the Augllslo-Riclunond COtll1ly Animal Control Departmcnt shall be knowu as the director. TIle director shall enforce the provisions of this Chapter. 3nd he or his duly allthori~cd reprcscntmivc shall pcrform any dUly imposcd upon him by this Cbapter. (a) Di,."clOI'. The director may ~ppl,int such numbcrs of officers and other cmployees as sholl b.: authorizcd 10 corry out Ih~ duties of the departmeot. (b) :1ssiSlr/llf director. The dire~lor \1)0)' dcsih'IlOle on ~ssislant director in Ihe dep3rlmcnt, who sholl. during Ihe ~bscocc or disabilit)' of the dirc:tor, exercise all the powers of the director. (el R~cm'ds. The director sholl keep, ,ll' cause w be kept. 0 record of the business of the dep3rtment. td) Reporfs. The director sh~1I all11lmlly submir 0 report ro the Augusto-Richmond County administrator covering the w0rk of the department during the preceding year. ~ 4-] -4. IMPLEMENTA TJON OF STATE DANGEROUS DOG CO.\TROL LAW. (~I Dl'sigllalioll (I{ dug COl/frol officer. Pursunnl 1(, the provisions of the Dnngero\ls Dog Control Lnw of the Stale of Geor:;iia IOn. L. 1988. p. 824), the director of animol control or !\ugusta-Riehmond COUlll)' is hercby desil,'11aled dug cOlln'ol officer ~nd shall admi.nisler aod enforce the pro vb ions of tbe D:.mgc:wus Dog Control L:J\\'. http://augustallegal/codes/title%204/title _ 4.htm 1/9/02 I I I I I I I I I I I I I I I I I I I --_.-.--~~._-_._.~_.~_.--- -~. -- T.~"l~.It. 4 ~:~a~.t (If 17 (I:. I" l\ ,-:i\....., :IW; l\l:ll:~' 1'"..:;""ll)lll:.;ud..llipll:- I,. ,:'1111;,,_1; lk- :\IW)I~il r",'plli~l!;~lr.. :lllt! {.~.ll" II' I\i\~,: lh~ al1pl\lpl'l~II'.' :\lIllil'l'illl::', 1)1".1 va:::JIl~:>' 1I1. lill: /\\lllllid;,' I illll....: llll:l1\\ ~a. 111:11 :. rl~r:;PI] 11101.',' 1')\' OJf'!1l,Jl)I..:1.i II, L'~\mpk:I~.: uin.::-.pin.:d it:' i"uil \~.:nn." ((In\. 7,' tl~:;'l. .'\pril.~. :~U\llll \', 4-1-7.--!,; 4-\-15. I(CSEI(\'Gli. ART1CLE :! A...NIMALS S 4-1-16. DEFI/'\ITIOI':S. (a) DOllle.Hie QI/ill/nls. Dogs and cats ancl others that live and hreed in a lallle condition. (h) I.il'eslnck. All animals of the equine, hovine, or swine class, including goals. sheep, mules. horses. hogs. caltle. and Olher grJ.7.ing animals. (c) 011'11. To have legal ownership of. or to possess, keep, have custody or control over, or harbnr. (d) ()Il'/Ier. Any pen;oll, association, tirm ell' corporntion~ nnroral or ~1I1ificinl. owning, possessing, keeping, haying cusrody or or control or nuthorir:~ over, or harboring any domestic- animal or livesll'ck. Ie) PI/blic ruods. Jl.ny weet, road, highway, Of' way. including Ihe full widlh of the righi-of-way, which is open 1(' the use of the public for vehicular travd. if) R/l/lIlil/g 01 !orge or strayi/lg. Any animal which is not under manual control ofa person and which is on any pnblic road or Slreet of Augnsra-RicluI")nd Counly, or on any properly 1ll.1 bL:\Llnging \0 the; owner uf Ih(: animal, unless by permission of the ['\I'oer of snch propcrly. I.g) Urblll/ Sen'ic"s District. Thai aren cUle11l1inuns with the boundaries of funner Cily uf AUl:usla, GeLlf'!;ia as said bouodaries e.,jslcd as of Deccmber 31, \995. ~ 4-1-17. VACCII>iATIO!\'; WII E1\ I(EQUIIU.:D. (a) No owner shall owo any dog or cat over four (4) months of age within Augusta-Richmood County unless such dog or cal is vaccinated. 111e pr(lvisions l1f this secrion do OL"Il apply 10 Q.nimals owned. by a licensed research facility or held iu 3 veterinary medical facility or governmem-oper3ted or lic~nsed animal sheller. All dogs <lnd ems shall be vaccinaled against f3bics by-u licensed vCl1.:rinuri:.m, in [H.:(;ord:::mc<.; \"vilh (hI.; latest Compendium l.?f:ll1iwal R!1bif:s FnCc1Hl'S alia Re.coHlmendationsjor Iml1flltli:atioll published by the"Naril"lnal Assciciatinn C\fSwte Public Henlth Veterin:Jriuns. (b) No person shall vllcdmHt: dogs or cats against rubies who is not lil.:ens~d to practice veterinary medicine. ~ 4-1-IS. EVIDENCE OF VACCI~ATION. \a) Certilicate ,?fmccil/iJ/ioll. Evidence (If vaccinatioll shall COllSiSI of 0 cerriticate of vaccinution. The cel1iticate with each item answered shall he prepared inlriplicate and signed by the velerinarian administering the vaccine, One (I) copy of the ceniflcalc shall be given ro the l'wner, one (I) copy ii1ed with lhe Richmond County helll1h dcpllrtmcnt. nnd one (I) copy rctained by the I'Clerinarian. Any vClcrinarian is ""lhoriLcu and requir(:d in cODn~ction with his practice to issue cenificates of vaccination aod vaccinalion I~gs. Th~ certificat~s of vaccinati"J) furnished 10 the Richmond County health department sh~lI be maintained in an orderly indexed lile for a period (If 001 less than three (3) years. (b) /'accilloli(JI{ tugs. Coincidenl with the issuance of Ihe certificate of vaccination, the persoo authorized to ful11ish the certificate shall also furnish to the owner of Ihe vaccinated dog or cat a serially numbered rag bearin.g the same number as lhe e,:nilicate and Ihe year there(ln I(l be Jltacbed Il' tbe cl,lIar or harness wurn by lh~ d[l~ or cal for whi~h Ihe certificate has been issucd. Ic) 1J7tcre tltree~vcar "'tccil/e I/sed. When the animu\s han, been vaccinated with a three-ycar rabies vaccine. tbe director may issuc Dr causc to be issued an annual cel1ificalc of vaccination and a ruhies vaccioatioo ta!; each year t()!. th~ IW(, (:!) additional years (If the three-year vaccination period provided the I(ichtnl'nd C:oumy health department's file copy of the certiticate of vaccination shows that the animals have been given a three-year rabies vaccine: in the evenl Ihe Richmond Couney healih department's lile wpy of the certificale of vaccination is unavailable. lht (lwner's copy (lr the veterinsrinn's copy or same may bt: substituted thcrefore. http://augusta/legal/codes/title%204/title _ 4.htm 1/9/02 I I I I I I I I I I I I I I I I I I I T!T~~ r;agt' ..- 01 ]"7 :~l\\li.l: l;ll!Jl'll, 11: 1-111,"1 I:t::dll.. \h".t~'li\',: ill" \';,.~';_""'III: ::t'~'i. ~1!1l~ Il~r. !I~:'. d....;J~l1;Il'_'.. II lil~ :'.ll~Il;;t;'"I:I':'llIlh'dl:;' ,'LlIH." . (:mj'\':J:';~;Io"); ~j'.:i j)11l.jl. j~i:'jill.' lp; 1\;'_' ~'I ':'II~:.' I " .r~i I I ,:- r. Ill";'::. ~': -+-\.~i. CI:lll.J:r\', 1,1'1 /n,}'i.',ih'd. I~p Ih.:r~;(q= shall. h:..' ili:. :It"l. Illllissillll ('It' J\\.~l,.:.h:.:(;i.' (';HI:-:.' 1IlliUSliClabh: pll.':~;il.:i.d pain. ~~lIIT'.::rill':-' (If dl:~lIli J'::, all,\ Ih-lIl:; ,'Hilma\. Thi.; ::;l;:..~li(11I dl.lL::"; I\!.II :1\1\ll~ [I. Lillill:: U{';l1lil11ab rui~::.:d iur Ill:.,' pllr)'lll:-;'.' ~li' pl'll\'idlllk' r~IIIJ. 11111' d()c,', it :q"lpi:, II, an.': PLT~;iJn '..:ill' 11lIIlt~; \'. ild :llli11\;d~ if I t.:ul11pli:HII.::.' \...itl, III... ~tIIllt. ~Illd (1:;1, );J\\';u,rthi:; :-:talL', I:jllin~ I'" itl.illril1~ all anill1;"d Illl' hlllll~IIH' PUlT'l\,:-'C::, 1'1' irl lilL' lurth~'r.:.J1H;V (li"mcditiJI Ill' s~icmifi~' r::'~i:;JITII isjUl'ilili.lhlc. {hI ;""/'ItJr'IlL:d 1/["/:;. ~"::.', pt,;fst,11 Sh~lll p:..'I"I(I/'II'1 :.J erud iJL'lllll :1Il~' ..I1lirnal.. II,)]' shall :..lIl.'." pel":">lIl1 11;11111, muil11 \II' I:ill :1Il:" :.lI1illl:.lt. or i.ll\empllu d,-, Sll: o.:_':t...:i::PI th:.J1 i.\ I'l"I's.ml1l:IY: (I, J)cl't'nd hi~ pt'I"SCl/t or prnpcny o!' lhe ptr:::nll or prnpeny nr :.Jnnlher from ill"illr~ or clam:I':!C' heing caused b:.... an :lIlimrtl; or (~l t~ ill any ~lIlim:l1 C:JUSillg in.jury' or damage tll livt~(ock o!' pnuilry. (c) l'II.I's;cal ailll.>e. It is ulllawful 1i)r any per.'.,1l 1(, willfully or I11nliciously kill; mail11; di~figure; tOl1ure: beat with a sticl:. chain, club or other object; mUlilJte. burn or sealdll'ilh any substance; drive over or otherwise cruelly sel upon any animal; except IhJI reasollable Ii.)rce may be employed 10 drive ofT vit:il\L1s ur Lrl.:Spilssing animals. " (d) Failllre Ir> ('ar"jur (lllIllIIaillt,iill. Ii is unlawful lor any person to fail. refuse or negb:t It. provide any animal in his charge or custody, as owner or othe"vise, with pr<1per 1()Od, drink, shadt. earc or sheller, or III carry any animal in (lr upnn any vehicle in a crud or inhulllane manner. An)' animal hohituully kepi outside shall be prcwided with a structurally snund. wentherproof enclosure, large enough to accoml11odnte th~ animal find which meets all requirements established by the Health Departmenl regarding same: tel KCl'pill!,; discas"d or crippled IIlIill/(/l. II is unlawful lor any person 10 havc. keep or !larhor any animal which is jnfeet~d with any dangerous disease or any inwrablc. painfully crippling condition. The Animal Cnnlrol Dcpurlmenl may impound slIch diseased or paiqfully crippled animal, und all such animals impounded IllO)' be destroyed us humanely as possihle us soon thereafter os conveniently possihle. ]n the ca~e of desrruction of such aoimal. the an;mol conrr,,1 depal1lllenl shall not be requil'edlo give any notice. This section shallnnl be constl"Uedto include veterina,y hospitals or animals under active veterinary care. (f! Allllwrit.\' 0(011;11I01 CIllllrol departlllelll ;11 case o(anilllallleglect. Whenever the allinHl control depallment tinds thar allY animal is or will be withQut proper CJre because of injury. illness, incarceration L'r other voluntarl' absence of the owner or person respollsible lor tlte care L'f such animal. Ihe anima] control dcpartmcnt lllOY pick up such unimal fur protcctive care: :mcl in Ihe cl'cnluf sickness or injury, the animul contwl depJrtU1cnlmuy lake such action 3S cullecl for 10 rr~\'ent undue poin und sufl"ling, including immediate de;;truction of the animal. 1.1 the event such animal is Iut~.r released, in the discretion of the allimnl control department, m its owner, soid owner shall be. reguiredto reimburse the anima] cCdln"ol depalTlllent for any expense, incurred in taking an)' action to care l'<.1r said animal. S 4.]-2S. PER,VllTIfNG FEi\L~LE DOG If\" HEAT TO ROA..M FREE. 1\11 femule clop in heat sholl be restrained such thai they eannOI roam or run free beYL.nd thc limils of the property of thcir 1II\"nc:rs. It shall be unlawful for tbe mvn~r(1r persnn respnnsible for the car~ of such animal nor;o so restrict or coniine said fel11ule dog. ~ 4.1.29. DISPOSAL OF DEAD Al\'f:\IALS AI\"D FOWL. (a) It shall h~ unlmvful to throw Of plm:e any dead fowl or anim:.lI on the !itn::ets <.11" all~ys of Augusta-Ril:hmom! Counry. Such fowl or animul, where size ,.....ill permit shnH he placed in a covered receptacle and the :;:mitary deprU11l1ellt notified immediately. (b) It shall be unlawtul for the owner of an)' dead anil11al carcass to allo\\' the same 10 remJin in Augusta-I~ichmond County without disposing of same as provided for herein. Such owner shall immediotely dispose of the same. If any such owner violates t!lis section, the Commission. through its ogems 3nd cmpl"I'ccs, shull procced to remove and dispose of such dead animal carcass, ami the owncr shall be liuble 10 Ihc Commission and shall pay 10 Augusta- Richmond County the sum oftwenl)' dollars for such removel Jnd disposal. S 4-1.30. UIW"'" SlmVICl~S DISTIUCT DEeL,\ I~FD BIIW SANCTUARY Th~ lerritnl)" within the Urnan Services Ilistrict is herehy deelared.to he 0 bird sancruary. ~ 4-]-31. KiLLING. ETC., WILD all MJGRATORY DiRDS. 1I shall be unlawl"ul lor any person 10 maim. kjllt" in nnymauner injure all)' ;vild or lDigralOlY bird within Ihe Urban Services District. ~ -1.1-32. TRAPPING WILD BIRDS; HOnllL'G NESTS. Ii sholl be ullla\\"f\tl for any person to tmp ony mocking bird or any otller wild bird, or rob the Iltsts Ihereof ,)1" eggs or young. ill allY of AlIgusta-Riclunolld Cuunly l.:cn;ch.;rics or upun or aruund the basin, reser....oir or pumping SllllillO or the walcTworks~ or c1scwbcn: \....ithin I.bc Urban Scrvit:c5 Dislricl. http://augustallegal/codes/title%204/title_4,htm 1/9/02 I I I I I I I I I I I I I I I I I I I +.._---~,.. ~--_._- ~. ---- -'-'_._'.._-~"._""---------'--------~--._--~.~--- T!.'l..I ., P~t~t\ / cd'] 7 "'-~-\j_.--...i..;.7('. l:~>,~:I.:','~:II. ARTICLE ~ STERILIZATION OF noes A.NT> CATS ~ ~-I-n IJErlKJTIOr-,'S. As used inlhi~. arlicle, Ihe lel111: la) :llIill/a! "/idler, Any facilil)' uperateu by or umler euntructlur the stale or uny county. municipal corpurulinn. ur other polilieal subtlivision or the Slate for lhe purposes of impounuing or htJrh(}rin~ seizeu. strilY, h01l1dt:ss.. abundoned. or ullwunteu dogs. CUlS. ,mu other ullill1uls~ any veterinary hospital or t:linic npcrated by u velerinarian or veterinarians which operate.' Il)r such purpo.'e in adclition to its costomury purposes: unci uny facility operated. owned. or maintained by,n,cluly incorporated humune society, animal welfare society, or other nonprolit ('r~anization for Ihe pl11'pose of providing for ancl promoting the wdfan:, protection. and humane trcmmenl of animals, (b) HIIII/ullt'socie,y. Jilly unincorptlratcd nooprofil organization existing for the purpusc ofpre\'enlion or cruelty 10 animals, (cl Pllblic or priVIIIl' IIl1imll! re:(II,I'C, Hurborcrs of llllwanted animals (,I' unO' brceu, includin~ cros,bn;cus. who provide foud, sheller, anu confinement for a b'l'('UP or dog.l.i~ U b'TOUP of calS, or u combination of dogs and cats. (d) .'le,n/al/I' maTl/re al/ima!, Any dng i'r CUi thai has reached the age of nne hllmJred eight)' (180) days or six ((, I months or mnre. (d Sieriliomioll, The sor~ical removal of the reprmJlIctive organs ol'a dog or cat in order tn render the animalllnabk to reproduce, ~ 4-1"72. STEnfUZATION ImQlimED: EXCEPTIONS. (a) Any Jloblic or private animal shelter, animal control agency operated by a political suhdivision of this state. humant, society, or public or private animal refuse ,halll1\ake pr.1\'ision, for the sterili~utjnn flf all clog, 01' cats acquired from such ,hdter. ogenc)'. society, 01' refuge hy: (J.I Prnviding sterili~atinn by a licensed veteriollrian betl1re relinqui,hing custody of the animal; or (:!) Emerin[; into a wrirten agreemenr with the person acquiring such animal !,'Uaramee.in:; thm slerili7.lllion will be pel'formed by a licensed veterinarian within thiny (30) days aner acquisition or Stich animal iu the case or an adult animal or within thirr)' (30) days of the SeXl)a] maturity of the animal in the case of an immatun: animal; provided. bowcvcr, thuttbe requirements of Ihis Codc section shall nN apply 10 ao)' privately owoed animal which any such shcltcr, agency. :;ociety, or refuge may huve. in its possession for any reason if the O\.\,:ner of such animal cbims or presents evidence that slIch animal is tht' property of such person. (b) All cos!> ot' sterilization pursuolll to this Chapter ,hall b~ the respon,il1ility of the person acquiring such animal ancl. if pert'l1l1necl prior to acquisition, may be included in any fee, charged by Ihe sheller, agency, society. or refuge lor such aoimal. (cl Any person acquiring an animal [i'om a public or privale animal sheller. anima] conn'ol agency operated by 0 political subclivlsion ot' Ihis stale. humane society. or public or privalc 'animal reCuse. which animal is nOI sterile 31 Ihe timc of 3equisition, ,hall submil 10 the ~imul shelter. animal control agcncy, Immune society, nr public or private uninnl refuge a signet! statement ti'om the licensed veterinarian per/tinning the sterilization required by puragru]lh (2) of suh,ection la I of lllis Code section within seven (7) clay, aner such sterili~ation anesling that such sterili7.ationlm, heen performed, (d) Ewry puhlic or private animal shelt~r, animal control a~ency opel'atedl1y a political suhdivi,ion of thi, state, humane ,sociery, or puhlic or private animal retilse selling or olrering lor salt or 0xchang~ any dog or cat shall maintain nnd furnish to any p:rson acquiring an animal fi'om sllch shelter. ageocy, society. or refuge a cun'ent list of veterinarian> licensed in thi, slalc II'ho hu\'c nutificd the shelter, agency, socicly, or refugc thatlbe)' are willing 1(' pcrfolln slcriliz"lioos and the cosl for such procedures, ~ 4-1-73. FAfLURE TO CO'l'll'LV. It shall he, u misdemeanur to fail or'rel'lLse to comply with the requirements of ~ 4-1-72 and an)' person convicted nf said misdemeanor shall he subject 10 u fine iloilO ~xceecl two hundred dollars tSl00.(0), CHAPTER 2 http://augusta/legal/codes/title%204/title_4,htm 1/9/02 I I I I I I I I I I I I I I I I I I I TiTL..= Pa!.!.':: l) or J 7 j..I../II..../I,., "1:111' \1,':1):,,'1;. \"k:I' :,1IIt; .'..';ll'/liJ~!. r..llI:;, -:.;", II"; l:lllJ.::t~:,~ II. l.i':llill,'lU' "lml:. . 1:1I1~'.L. ,:'.~:-.:!',; 1H.:r:;u::n! I'.' ....TIIl..:" C,'ml'.i':'~ ;.1'l'ri..,: apP\l".:.! II: In: '\II~.'II':I... l' I: 11I1:q/ul" .111111.'. '\\'11111111':11:11:', jI.; "..'/lIIiI.: .1".- 1',0;11,'/11I; ii; ,'.I':'.'/t"I/:. ;\11:; p::,';;orll \\'111' ;\11:.li ',:hd;l\v llli;".: '-'t:Crlill. .;,,'n;1l1 tJ:- dl;lr';~cl \.\.jrh t~lt'ii :lIlt! tv::r; vil'dari'11t. :lIld UPOr. rrial alld "':Il\l'-:iClInn. ;..llillll\:' :-'\l\l,h:n I" 11Iv ! n.'llallil::-. prllvid('d Ill\" ! .,..1. \: .1-2-.1. 'l'I:I:~!'.'\SSI:\(;. SC.."VLNc;l\'C (}"- l.A!\IlFILL l'1((Illln:T!;:I:. t~l-l r~.. pcn:l.lll :.;halll;Ilr.\\\:jlli-!l~: and Wilhl.llll nulhnrily \':[11(:1" UPUIl lll'~' li.llld lit' pn..:llli:,t::;, Ill.l'.'. (II' ill lht:, fllllll"t:-. (ksi~Ilt:i.l ~l:-. ~111 !\lI~lI~~I:'I.I~ichlJl('lld C(llUllV' landfill ~ih.. \\'ilhtllll Ih~: L'Xpl't.::-\:-\ pL:nni~;~i\ln r.d',I1\.' din,:clur (If till' lalldfill or hi:, dl"iL:~;Il!.:: nul' sinH ~lIl,\' pt.:I'Sdfl l~nll\l'in=ly :dld '....jthi'ut ~lt~lhllrily r~l11iJin UpOIl 111:' bud (II pn:miSl'.:., litH'" tll' ill (II:,,: rtJIu,.~, dl.:':-;ignt.:.'d J:):J IUIIl'fill SilL:. ;.dlel' tilL'" pt'nnis~;inll pI' I ill" diJ'I,;'CllIl' r,f'thl4Iamllilllll" hi.:'" dt.:\L'g:Hl. has heen \\'ithdr:Jwn. cll1 !\:(l pcrs(1I\ ,-;lulJ 1:1lIH'.'ingly :lIld \\.ithplIl ul1l1lf1J'il)" remove U1~\ 111 att.'ri:lh; from the \unLi 0)" J1rL'l1lis~:; now OJ" in till' flllure tksigned us u IUlllJlill silt:, illcluclifl!; hUI 1101 lillliltcllO lllu!c:riJI L:on:,lirurillg l'csidemiul :.1lld Ct1111Il1C'rciul s\'llicl WU:,tc. [rash. lill C:ln:\.. glass hnltles. gw'h:agc. rllhhi~h. c1i$cJrdtcl m=lleri~ls. s:'lIld. !!i'::lVl;1. sl~~. or OIlier I'l::fusc. Ic) !\Il~' person or persons lililing to compl~' with the lowrul provisions or this section or an)' aCI prohibited hereby or railing t(. do nny aelmandllted hereby shull b~ ~lIilly of ~n ulTcnsc ~nd upun trill I ~s ~ misd~l11e~nor and convictiun, shall be sub.i~GI IU the penalties pro\'id~d in ~ 1-6-1. * 4-2-5. REF'USE ACCEPTABLE F'OR DISPOSAL AT SOLID WASTE LAr\DfILL. 10) The lullllwing rduse sh~lI be considered III be uGeeptable for disposal by the counly: (I) Garbage. Putrcsdblt: animnl ~ndl'egclubk- waSlcS rcsulting from the bnelling. prcparulion. cooking and/or consumption of foods. (2) l1i'hes. The residue frum the burning of wood, cuul. L'oke or olh~r mntcrials. (3) Rubbish. Nun-plurcsL'iblc solid wastGS ~xclocJing ashes. consisting ofpapcr, cardboard, tin cuns, ynrd clippings, wood, glass, bedding, crud:ery, metals und ullY tree trunks. limhs or other \Vt1od products. prodded th~t ~ny such items larger than fOUl (4) inL'hes in cJi~meter. sh~1I he cut intn fOlll"-ttmt lengths. (4) Dear/llllimal.\. Small de~d aniJ11~ls, 1"'1 exceeding seventy-five (75.1 pounds in w,~ight, which die in Ihe nllm1~1 C[lUrSe of community ~cli\'ity, excluding conclelllned animals, shall be accepted at the disposal sile upon request. (b) The following re.fuse shull he considered to be unacceptable le'r disl,,'sal by the coumy: (I) Dangerous materials or substnnces, such as poisons, acids, causlics, infecteclmJterials and explosives. (1) Uousual quantities of mmerials resulting ti'om the repair. excavation or constructioll of builclings or structures, such as eal1h, plaster. mOl1ar and 1l1ofinf; materials. (3) The solicl \\'asles resulting li'om industrial processes. (4) Solid \\'8sle Ihat has been burned and.has any evidence of smoke, spark or tirt remainir1g, (5) Sealclj clrums. Each drum must hnve all open lOp for inspectiou. No drulll for liquid storage will be accepled felr disp,'sol. lc) A separate aren sholl be provided althe Inndlillle1l' tbe disposnl or st1lmps, logs, other building lDaterinls. alld lires Ihat canllOI be deposited in the regular \~m.llill silu. (d) /\11 indllstri~l, gl'''crnmcnL:lI and commcrcial w~slu h3lders shnll place a deeal furnished by !\ugllStu-Rici1lnund COllnly Oil Iheir vchicle lhol dcnotcs the cuhiL' yard capacity being h~uled intlllhe I~ndtlll. (e) Thc fees for thc dispos~1 nf refuse sh~11 be. fixed from time to lime by the 'Aug,,>w-Richmond County Commission ~nd kept 00 file in the office of the county admillistl'olor and shall be published at the landfill site. . ~ 4-2-6. FEES 1'01{ USI( OF ALiGUSTA-RICIIMONIl COl:i\TY SOLID WASTI( LANDI/ILL. (a) F'r.r.s. 'll,e following fees shall he charged for use of the AU~'llsto-Riclllnond County solid waste landtill: http://augusta/legallcodes/title%204/title_4.htm 1/9/02 I I 1 I I I 1 1 I I 1 1 I I I 1 .1 I I .~ ~r l-r L'!: 'j .T'a~c (,'j 1 (I,! '\11': lilt...:l i.. phll:l:lllll\l,,;\ Iii!..... l'~''..:....IH:::t.. .~! :".!/\l:llll\:' ill::Ldk..: (',1: :;~l:;l pll'P,-'!"I': II; I.;: i 'Ti 1\' \11:1"."';,)\; i.: lll,,' I ,\,'m:!" ~q 1'.:l\:1I1l ir. liI\'" rul 1 II '~;~;~:S:''i\l.'11 II! ;.;ud! prl.Jpl.Tt:. w 11<1:: rirsi "ill" illl.:d 1.:I,II1;-;.:1l1 ,d' ihL: '1\':ln.:: ('I' !(Tt:1I11 ill b.... fuJ pl.1."i3'_'SSIL111 Ui IIIlJl:~,> Il"lv :.1;.;1 t;;l!lll\:: 1IIld;,:r Ih1.." !J(:I.-;ull:d dill:c.lillllll: tl,',' (.,,','n:.:: ll!' 1~:II:Jn~. ;di 111 :1111:..ut:,:r l.:flll:-\l,';tl'nl ,..:itl: 1 Ill.:' puhlic \,,'c:..'1f:Jlt', o J-2-'/. I.nTI:ln:\'(; <;Tl:I.:r.T~ A~II .<;lJJi:I\'.\I..k~: "11(11/11:1'1'1.:1,. II ~;JI<J11 Ill' unlawful hI!' :1I1~' J1e"s~lll \(, pirie;;:. :;tOft;, dUlllp,. par!: ll!' hl\.adl':Jsl an:- jUIII:. 1llL'1:.1I.. hriL:l~h:J.I:.;, Sl\lll(;,~, pl:J.sler. lumhc:r, Irtl:-;h.. ~:.lrh;J~t.:, lille,", paper "I' s;lllif~1 nlllhi.,,1I ZJllfJ .illllL UPfl/! all.'.' l'Iuhlic !;Irr:t'j or 3J(It~w:lIj: III AtI~l1~a~I.I{ichlllnnd Counry. ,0\:.= lI:;cd in Ihi~: ~ccli(ln. "jlll\l:1I indlldi::?, \1,Iith.'IUI limilJlinll ~lppli:JlIL'l':':. J'ufllillll\.' i.JI\d nllll;.'r hull: il'~'IlIS 1101 ClHISidcfI:d lIsualllf'lI~I....I/l:dd garl.Kl~~'. Tll(: si.1l1it:uiu[I c.k:rXIrtI1I1::nt i!: IlO( rl:~p;)Il:.~ibh: for cl"lkclioll ~lI1d:(lr dl~vusi.d pI" $u..::h jun\.. i.I11U slll.:h .illn!.. shall no1 h~ t:(I!ll'L:ll.:t1'h:-' thl.: ~:rll1il:lliull department bul muSI lk' dispoSt:d or by thv /l\vnL'r Ld' thL' prupcrt,v on which it i:; Jlicrlll..:c.J. ~ 4-2-11I. I'LIC1NC. TIIIW\\'Ii\C, ETC.. OA\'CLi{()UIi OU.II(CTS Ir\ STI([ETS A:NO SIIlEWALKS I'llOIIIIlITIW.. It.shull he unl~\\'ful fnr an)' per.,on in pla~t 0>' to thro\\' or tl' leave or ahandon nil UIl)' sITe.,t in Augusta-Jl.ichmnnd Coul1lY an)' glass lmttle or cur or the fragmenls Ihereol; or any hroken glass hottle or crockery or ~ny kind. or nails, lacks, hrickhar~.. or any article or ohject likely to injure barefoot persons using such strecls or sidew~\ks or to injure or pnncture Ihe lires or vehicles ulilizing pneumali~ tires li)r their locomotion. S 4-2-11. I-J::EI'LNC CRATES, !lOXES. ETC., 0;-; STREETS A'll) SIDEWALKS PROHlillTED; EXCEPTIOJ\. II shall be unJawrul ror any person 10 keep on Ihe SlreelS or sidewalks in Augusta-Ri~hlllol1d County any crales, boxes, ,,,. nny similar containers, except :l.UlhoriL.ed trush reeeplacles. S 4-2-\2. CHURCHES AND PlffiLlC PLACES; L1TTERrNG ."""'\'D SPITTING PROHIBITED. II shall he unlawful for any pcrson 10 spil or throw hulls. pcdings or olher liller upon the sidewalk ur in or upun thc Duor;; uf churches, public hulls. thealers. buses, uudit<ll;ums. and olher similar public places. ~ 4-2-13. D!STRlBl:TING llA!':\)lIfLLS AI\'D Aj)VEl~TISrNC ""lATTER 1N AUTOMOnrLES. 0"'" PRIVATE PR.OPERT\' I'HOrrffiITED; EXCI':I"I'IO~S. (a) It shall he unlawful [I) place in or (\11 any automobile in Augusta-Richmond Coumy any handbill. circular, pamphlet. pnsrer, postcard, or other literature exc""pl wilh Ihc permission. express or implied, or tbe owner or occupalll of such elltolllobi1c. (b) 11 shell be ul1la\\'llll for en)' person 10 place on privole properry nn)' handbill, circulor. pamphlet. poster, poslcard, or olber lilerature except \\'itb Ihe pcnnissiun. (;xpr"ss or implied. uf the Oll'n"r of thc prop"rty or inl(;ndcd recipi(;nL ~ 4-2-]4. TRANSPORTP.'.'G RCFl'SE IN VEHICLES REGULATED. 11 shall bc unlawrul for any p~rson. linn or corporal ion 10 lransporl eny garbagc, trash, rcfuse or other cargo upon thc public thowughrurcs in !\ugusla- Richmond Counl)' if Ihe same is of a character or substance which is likely to be deposited fro111 the motor vehicle onio the public right,.of-way, unless the ~ame is sr::cured by containers. r:Jrpaulin. or other device in such fashioll as to effectively prevent such deposit 01\ the puhlic rights-(lI~w:JY. ~ 4-1.15. DUTY OF OWNElt, OCClIPANT. ETC.. TO Io;EEI' I'HOI'I';lny L1Tnm FHElC The owners, occup:lIlrs nm\ le~sees 0f' all propel~'. j0intlyand ~everally. are required tt:'l remove all lirter anci place [h~ same in pn.'per cOl1rainers. VaCill1t lots, bc'rders. parking 100s. embankments. knces, walls ancl sidel'calks shall be kepi free of liller. Perking 101S. shopping eelllers, coLJvenkLJce Slores, dri\'<,-in n;slaurunls and all Dth.:r commerci~1 ~nd industrial cntcrprises shall see 10 itlhal their resp~elive properties arc kepi !illcr free. S 4-2-16. Dl'TY OF PROPRrETORS, nVSINESS iVLo\.NAGERS TO [\ISfJRE CLEA""'LINESS OF AREAS SunnOl1NDI\G Bl'SINESSES. (el Thc propriclor nnd p~rson in charge of evcry business and commcrciul cstublishmenl in Augusta-Richmond ('ounty. juintly ~nd se"erully, is bercby required ({\ keep th~ uriVev.r.'DYs. yards, purking lots uno areas ::H.1j:.H..:enl there-to and unuer his connol clean at all times and to pl:.lt;e ~m"t:epjngs in a container to prevenr re5c:lttcring. . Ill) Any prnprielOr nr persol1 in charge of ~ busil1ess which offers curb service shnll be respnnsible lor all paper. trash or mher refuse deposited on tbe street or sidell'nlk by his customers. illl)' person in fronl of \\'hose place orblIsiness.relail or wbolesale trnnsaclions are made shall be responsible ror all trash or olller rcruse deposited on the Slrcet or sidcw~lk as the result of such transactions.. le) ]1 shull be unlawful for any prupcrty owner or tenant 10 pcnuil waslc papcr, paper 'ClIPS or rood containers of any kind to remain unsecurcd on bis pr,'peny, bill the Slime shull be placed in a clnsed container immediately after use. It shall al,o he unlawful for any prope,1)' owner or tenant to pennitllny waste paper, paper cups or Olher paper products (0 blow li'om all)' premises I)\\" 11 en or cOl1trolled hy him Ol1to the. streets M Au!:'Uste-Richmond Coumy. ~ 4-2.17. GI!;\SS. I.EA \,1,;5. TREE TI~I.\IMINGS. J-:TC. http://augusta/legal/codes/ti tle%204/titl e _ 4.htm 1/9/02 I I I I I I I I I I I I .1 I I I I I I T!T!:-E~i P ~lg'.:l?, (If 17 :lll:illt'll.. :W,', 1':'1"',.1;, :." P:l:'l ",I'll:n;)'; 11:1 ',:,','11.':: lil< 11:' jll..,....:~'lIL..1 :Ii\(:. i: ~'l"11'...i.:IL', ~;ii:tl' (I. :.LJili~:::: 1"' tI"I.'I/';il;lIll:,:-.j1,":id.".i 111. i-r..: . ....';: ':I:':J.TI(}f"" "!:',i\i:;tl:'-.. .'\Ill'l'r::.-IU::, (11 Ill". (II i.:(lrp;ll:'llii~lj:. lilillll~ t"l'IIlnpl:. \...ilh Ill\.: l11:JIHI~u:.II':: prj.,..i:-.i,lll-: hL'lc,J/ (II' d';lin:.' i.Jtl:, ;1<.:[ prnhil1llL'd 11L"1\'h:- ;;1.:11: In" guilt:, ilrUIll)"kll.'.~. :'lIld. UPdl1 :11~11 ;1'. :1 IlJi:..;dt'1l"1C:ll\i,1 ;lIh i l"l \1l\'IL:lli \1:, ;-;11:11 I h~' :;'\11 '.I;:C: It l till' pCllidl ic~: pHI\' itkd Ill~' I-I -.1. ~:~-~-2",.t:~,,\tITII()I(1n:J.' I','TI:ltl:/.:I:I:.'1CL WITIl 1:10:(:1':1''1';\(:1.1':'' OJ: (:()r-;TU<TS. 1\ shan l"lv lI11lil\\'l'ld k'l all:, 11I1;llllhllt'ii',c:d p::'L:':nll H. litl'(lsil or tl1rl'l\~ ;'\11:' arllclr.. or ~~lIh51:J1ICt ill :IU:.' rtct!lr.;lrlc: lill ;":~lrh~I~~' alld tl':Jsil lincluclill!..:. V':illloUl lilllit~1I1L'1l1. ~'arb:l!;:':' ~lIld Ir:l::li dllll\pSIl:r;': 1l('lrll\~ill:.' hl.l'L1I1lIl\~'rcbl C;.I,lhlis.!lllll'llbl (lr III rCnhlVl', iJljun.:: 01 dc:.'SII'('Y. lHl:':ll\'l'J" (ii' III :In:,' 1ll(1Il!ICr 111(","(.: ;)j' di~llIrl.l ~L1ch 1'l'l'l'pLadt, lIl' till)' pClnioll 'Ii' it:'! Cl)nll:nl:..., (c)nJ. 5~J3:-:, .I 1I I." ! 5. J ~J~n I ~ ~-2-27.--~-2-J('. nCSE.f{\'EIJ. ARTICLE 3 GARBAGE COLLECTION IN URBA_N SERVICES DISTill CT. ~ 4-2-37. DEFINITIONS. ta) Business dislriC'l. The orea or the Urban Services District hounded on lhe tlL1nh hy tht Sr,vannah River, on Iht easl by the eaSICfll side or fifth Slreel, 00 the suulh bv the southern side urWalker Street and un the weSI b\' Ihe western side orThirteentb Slreet, und an\' other ureu which m,l\', Lrum time 10 tim(: be so d~sib"latt:d "hy (hr, Commission, " . J . (bl Ro?sido?l1Iia{ di.wkl. All areus of the Urbun Services D;stricl otber than the business disn'iet. ~ -I-2-3R. ACCUMU1..A 1'101\ OF GAIWAGE, ETC.--GEI\'EI~ALL V. \l shull be unl:.l\\'ful for i.l11)' person 1(' ilCCUI1111h.1ti.: gurh:.lge and rrash t:~cel1t ber\\-'een regular col1t:t:ti(\Il:-; :.IS specitic:d h;: the:: sLlnit:Jtioll de::purrl11t.'nt, it being the: purpose Jnd illlelllinn hereof (<) require the placing fnr colkclion of all garbage and trash accumulated up 10 the lime of collection and to prohibit the bnlding . over or garbage or Irash beyond such regular collections. S -1-2-.19. COLLECTION 0.1. YS. la) Garbage shall be collected in the business district each night, I\'londay through friday, excepl holidays. Garbage shall be collected from restauraOlS and busines.> cstablishments in the business dislriel eueh ",eek day nigbt Monduy lhruugh Salurday. exeepl holidays. (h) Gurbage shall be colleeled in Ihe rc>idential district on wed, days as specified by the sanilation departmcnt for lbe ditTcrenl arcuS. Tree trimmin~s, leaves and rnugh rrush will he collected on such week duys, holidays excepted, as shall be detennined by the sanitatioll depunmelH under the provisions of * 4-1-4J. ~ 4-2-40. WI-IE]\' GARBAGE TO BE I'LACSD AT cum: NO BACKYARD GAHI3A(;E prCKUp. ln the residemiu' district, garbage shull he placed nn the edge of the curb nOt Imer than 8:00 A. M. on all duys upon which garbage is to he collected, und in the business disrrict nnt later Ihal1 l):OO 1'. M. 011 days upon which garba];e is h1 be c(\lIeeted. N,)garbage shall be placed on the srreets in the residemiaJ districl a!'tcr lile last collectioo ('0 Friday and before the following !\'Ionday. No garbage shall be ploced on the streets in Ihe business c1iSlricr after lhe lasl collection on Saturuay and be:[ore the [tlllo\\'ing MondJ)'. No garbage: shall be: picked lip [rum the b.rc1'yard of any pmpcny in Ihc rcsidential dislriet. ~ -1-2-41. PAPm. PASTEBOARD BOXES, He. REQUIRED TO BE FLATTEI\"ED FOR COLLECTION. All paper, puslebl1an.! boxes, cardboard. boxes or olher similar etlnlUincrs wben placeu al proper points ror collection sbll be Oal\cned so as to occupy as litHe s{luce as possible. Wh~n O:lllened. such conlniner.> shall be slUcked in a Illunner thut will pennitl'onvenient remtwa!. Gurbuge. bits or paper, and mher debris shall nm he placed in the ati>remeorionecl cnntainers. ~ 4-2-42. SAI\IE-I'J-:RI'.-JIT i<()H /(\(1\10\",\1., II shall he unlawful til" any person to pick up (\I' remo\'C any paper..pastehnard boxes or other material that Inay he placed outside stnres and ploces of business in Augusra-Ric1l1n(\nd COlJ/lI)' unlc:ss such person ha~ Ihe permissiou'orthe busiucss owner. http://augusta/legal/codes/tit]e%204/titl e _ 4.htm 1/9/02 I I I I I I I I I I I I .1 I I I I I I TrT~E>;:: P ~L!..!.~ j :-, (If 1 -; i.... .:' I. 1'1 :Fil';;TIi I!\;.,. I;,; .'J::i'l ,..'0... ....'.1..' ll:Jlllr:di:"l1c::utTinr ll....tlrilh;.i l1IiIIL'r~d SJil:::dt.:> ~.l:!I;i1':lhj~' illl.' ~'iJlllnl'..:r;:Ldl: ll:-:,'i.llih....r:.,. ~;J1t.:rirl,:all:~ 111\" u:.;l\..:~air,.lmi v:lrl'..:li\::, ;,~ :~\.~rp':l\lirl'-'. ::iJI'Y'~:I! il:.: cuJlln 111l:.'U .'111 Il....!-.) uncrilc ~lllltlsik'. ridli..::cL It,t". cr. I~illt!l ih..:. :tnlll' '1'11:. Hill". IrL'1'Illd Il~' :"'11.1 ~1~:t1rl' dil;.: (1)1 J:HIIIIl"i,,'il:(';' \1,,'!SI,'IlIl..::.JII:; ~'H.l illL"lwic', till" 1;,IIl.IW;llg: (II I'{l/hliil'.~!'l'l{,' InI.n,", whid"j 1l1L:..JI1~: ill! rl'i.'(l!:'ni~:~lhh' illll11UJ": ti~;,:tlI.:.':: ilnd 1"I11d,\ p:lns \\'hi:.:h :\J'c rcln,.\'cd durillb' sllr~t'r::. C.d)Sh':ll"it:~ll'r';'i..t.'dllrc:::. UlW"P:-i> :Jlh: I:!lli,r:lllw:.' 1'1 I 1L'L:clllrt.':;. I:!i r:;.'J/o,t'ir:ai ll'o,r;it", which IlH:allS hull.: h\(l(,d :)nl! hlnnd pn"c!llct:.=:, e~lllj:Ht~;. $lcc['etinl1~. ~llcriollill~:':) ..JIlcl other hulk hnciy fhllc1S which cannnl hi:: Of" 3rt" nor dirl.:l:lly di~;;:lrlh;:d illll,l a Iltunicipal scw~'t' ~;Y$l(:ITL (31 Cuhurcs and 310ck$ or i!ll"tCliOllS 3g.t:111S nnel ~l:::$ociJlcd bio\(lgic;;ll~. including cllhlln:~, ('rom medical alld pnthologicnll::Jbora.lOrit$, cultures and stocks or inf'(.;clilltlS ag.t:llts li'om n.:sc:'lrl.:h i.1nd inuuslrial IubLlmlurit.:s. wastl.:~ rrum thl,.' prodm:tiotl of biolo!;ictlls, dist.:anh.:d li\:(.; and ullcnuatcd \'tlccinc~, i.md l.:uhurc dishes ~l1d d~.vjcc.s lIsed 1/1 [mnsf"er. J1loscul;.Ht:. unumix cultur~s. (4) ClJnW11lin'1I~d animal carcass~s. bndy pans, th~ir b~dding and lllh~r \\'ast~s rrom such animuls which havt been expos~d In inrectious a~~nts, capable or causing disease in man, during research, producrinn or biological, or testing of phannacemicals. IS) Shm'lJs. which means any discarded unicle that may couse punclUres or cuts. SUC11 waste includes, hut is not limited to. items such os needles. I V lubing and syringes with needles annched, and scalpel bladc:s. (6) CI'GJlw/hGmp" WIISI". which means any disposnl material which bas come in comacl wilh cytotoxic/antineoplastic agc:nls (agents toxic Ie, cells) nnd/or anlinwplaslic agents (a~cnts Lhot inhibit or prevcnlthe !,'flII\'th and sprcad of tumors or maligrtanl cells) during rhc preparation. hundling ami administration of such a~enL,. Such waste includes, bUI is nOI limited W, musks, gloves, gowns, ~mpry rv luhing ba~s und vials. and olher eOl1lu111inoted mat~rials. The above waste musl nrsl be classiiied os empry, which means such in quamiiy that it is nOt suhjecr to Oiher tederal or stare wasre ll1anO~elllent regulations prior ro being handled ns biomedical waste. (7) Discarded medical equipment aod pnns, not including expendable supplies and Illat,:rials which hove nOI been decontaminated. Ihar \Vere in contact wilh infcctiolls agenls. (cl Co/kctur. Any person ur persons. finn or corpon.1liun whu. under :Jf:,'TcCmcnlS. verbal or wrillcn, with- or \\'iLhoul t:01l1pcnsation. docs (h::' work of cl'llecll\\!; unu!nr transporting asbestos un%r biorneuical- W:Jste ihH1'\ industries, offlces. re!uil nutlets. husines!.jt:.s,. in;.;ritu[ions i.md/orsimilar locutions, ~)r From residential dwelling, S .1.1.52. MANIFI'Sr FORM IU':QUIRI';J). No collector shall be allnwed 10 disJlnse of ashestos andior biomedical waste at the Augusta-Richmond Coullty landfill without obtaining, at1eJst ten (1 (1) days prior 10 disposal or Ihe JSbeSIOs and/or biomedical waste at the Jandllll, a J11JnifeSI form from the solid waSle engineer or the landtill Jndior his represenlative providing thc required infoffilalion as to material generation. transportation and disposal in accordanc(; with Georgia Depanmcnt of Naluro! Resources, Environmenlal Protecthm Division. Rules und Regulaiinns. ~ 4.1-53. INSl'I1CTIONS. All collectors shall allow allthllrized r~Jlr~selltativ~s Frol11the landfill. during tht. period ortim~ prior 10 disJlosalllf th~ usbe;;to., and/oJ" biol11~dicaJ waSle al th~ landfill, access to the removal site li,r inspectinns. ~ 4-2.5.L Ol7r-OF-COUNTY WASTE I'll(HlIBITED. No colleclnr shall deposit ashestos and/or biomedical \\"JSle at Ihe landtill thai is nOI gener~ted within the boundaries of the county, excepr pursuanl ro a contract with Augusta-Richmond Coumy. ~ 4-2-55. l'ENAL TV FOR VIOLATION or ART1CLE. Any collector failing to comply. with the lawful provisions of this article or doing auy acl prc.hibired by this article or lailing 10 do any act mandaled by this article shull hc guilty or an offcnse, and upon trial as a misdcm"anor and conviction, sholl bc sul<iecl to the penalties provided in * 1.-6-1. Any collector wbo KI1C1win!;ly makes uny fiJl~t.' statements, representation or (;ertification in imy uppliGatlon, T~cnrc.1. repon, plan or other documents filed, Of required In be maintained pursuanttn Ihis arlicle shall, upon conviction, be subjectll1 the penJllies provided in * 1.6.1. ARTICLE 5 http://augustaJlegallcodes/title%204/title_4.ht111 1/9/02 I I I I I I I I I I I I I I I I I I I T!TL...E~-. Pag~ 1 - ()~. ! ."'" \',,: J 11,'11 II J;' 111\ ::~.Il:: :I ill~'. I ,n I!'l" ..;il:t1 ~ II." l i': n. ,.Itl;! :11'_ '.t ;: ! '1"1 ,.... 11I::Jl~'t:1 till: ',':;1 rr~li I! (Ii (~Illl'~ I ~'I\tI..-"'::' PI":', h.L'~; h:, 1:1\'. I:' ;'L';'UI":' ,:1Il r',. II" l ,.... -ll'~'. 'I; IIi.TlIP;IIU Ill' :11I,' 1 ,III\,.. 11~:1";1':1 h.l\'Hlk' ~'!I:lr~';: ..:;11\ :',' ,':\I'II11\~ '" Ill,' pf;lpl.Tl~ ~aJ;d~ Jai: ..;' n:..::.~k~:I, illl,',' p~i;!,''..': i"L:qU'M':;! I', Ili;ld\, :1: 11L:l:.:il: pr(o'. ;;i\.~j III I'llIiml'lI:_ \ll"rnlll ":1111':' th('I't::illI1:: III~' 1!1,...t.:~li~;,IlIl:' c,i'ii..'t~r. Ii:\" Ill;; Pllrr"''':' f\:III'~J'1t:~:11I1l1 :Il\li t':';;l!lIill~li,'I\, pur~u:lI\1I:' till., Ct',:ic: ;:';c::"li;,;', ll:i '\ h::- I.H:":II~'.;.: ~ll\d Ill:'';:lh:::1i;IIlI)(:p:1I"11l1!:1\! ('.1' thl' 1'.\l'.'ll"illllllt'lll:J1 ('l\d~' j',ni"t'..n:clllC:ll! l)trice!" :~h;di l""lt ~111Ihrlri7,t:(; Itl \:'",1..1:" ~llllHn(ln~; flli' ill;:;anll~',:', I-Ill al1::~c,t1 l'lublidll:. cd'llli;: lln:i1llillll:\" illllh: ;\'"I:I:-',I$II':lIl~ Clllll'l t'J:'I,~itlltlH_1Jilll. ,'llllll,\' ~: ~~-~.7I'I. I'FN/\LTIr::S. ;\11:' pl'I'~(lll r:.Jilill~ II' l.:\'.ll\IlJl:: willi till".' I:Jwlill pr(I',:i.;,;i(lll:' ('d'IIiI~, ill'li,,'l:.: (I]' (lilln:.: ~Ill>; ;J('I prl)hibilcL1 hl.:n:.:h:, (II' 1:lilin~ 11,1 ell', ~Itl~ :ll:! llUJ(H:I~lh;(\ ll~,:r~~h~ sh:di b(' guill.\: ld' U1111I'knsc, and upon lri~ll ~~; :1 misucl1li.::JOo]' sh:dl bl' :-illb.i~CI tl.l blllh lhl~ pl.:lli.lltics plfl\'illt:li by ~: I-i;~ I, and 1lI tin:; (11' all I,d' tilL' ftdll.\\\'in~ pl'ni..dtil.'S: 1"1 III the sOllnd discrclilln ul' Ih" Iri,,' c""rl, Ill<: vi"lulur Iliu., be' urdcrd It, rem""" ['rum uny properly lur which Ihe viulmor is respllnsibk Ihc unl"""l'ul rJt.:(;lIl11l1l~li"n \}j' scr:Jp tire~ ulld In (,'.OI1ll: in full (;ompli:.mct: with ihi~i uniclt:, (h) 111 the sCllmc.l tiiscn:(ion (\1' tht' trial cnUl1, the \'io!:Jtor tl'lu)' hI: orucre.d w remoVe from the property nr ul10ther iJny unlu\\'ful accumulation or SLTUP tires Cor which the violator is responsihle. (c) The viol:uClf' shall he ~uh.iec[ {() civill'tdress hy AUguSHl, Georgia in ~ COUI1 nfcClmperent jurisdictirm, it heing the intenl of ,-\ugustu, Citorgin tolUlve bot1, the civil and criminal rights of proseclllion in lhis orca. ' (Ord. # 6146. April o. ll)lJlJ) http://aub'UstaJlegallcodes/title%204/title_4.ht111 1/9/02 I I I I I I I I I I I I I I I I. il ,I I ..... 1,-:- lll'.. j SCHEDULE OF PRICES SECTION 14 &: 14:\ 2.. 2% UNITS BASE BID 1. Refuse and Yard \Vaste Collection at Curbside. Two (2) Days Per \Veel\: Pick.-Up For Refuse and One (1) Day Per '''eel\: Picl\:-up on Yard \Vaste. Year 1 Year 2 Year 3 Year 4 2. Bulky 'Waste Collection at Curbside One (1) Day Per Week Pick-Up For Bulky V"; aste: Year 1 Year 2 Year 3 Year 4 3. Recyclables Collection at Curbside One (1) Day Per \Veek Pick-Up for Recyclable Materials: Year 1 , Year 2 Year 3 Year 4 Grand Total I I I I I I I I I I I I I I I I I I I Bond 11550430 SECTIO~ BB BID BOND KNOW ALL MEN BY THESE PRESENTS, that we.! the undersigned, Augusta Disposal & Recycling, Inc. as Principal, and Evergreen National Indemnity Company _ as Surety, are hereby held and firmly bOLU1d unto Augusta-Richmond County Commission-C:)uncil, Geor~ia, as O'W11er in the penal SUi11 of 5%. Greatest tvrUll1t Rid for ,the payment of which, ',;I,'ell and truly to be made, \\'e hereby jointly and severally bir.d ourselves, our heirs, executors, administrators, successors and assigns. , Signed, this 17th day of January ,2002. The condition of the above obligation is such that whereas the Principal ha? submitted to Augusta~Richmond County Commission-Council, Georgia a cenain Bid, attached hereto and hereby made a part he.eof to enter into a contract in writing for the COLLECTION OF SOLID WASTE, Y ARD,WASTE, RECYCLABLES AND BULKY WASTE - PHASE n. NO\\:, THEREFORE. (a) If said Bid shalI be rej ected, or in the alternate, (b) Ifsaid Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance \vith said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of,said Bid, 88-13 I 1 I I I 1 I I I I I I I .1 I I I 1 I:: IN ""'ITNESS\\'HEREOF, the Principal ana the Surety have hereunto set these hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents. to be signed by their propel' officers) the day and year first set forth above. SEAL ' AUGUST DISPOSAL & RECYCLING, INC. Ii )~.,/Jvtt-___ - . William R. Polonus, President L.S. (Principal) EVERGREEN NATIONAL INDEMNITY COMPANY BB-14 I I I I I I I, I I I I I I I I I I I I SECTION NA NOTICE OF AWARD TO: Augusta Disposal & Recycling PO Box 334 Evans, GA 30809 PROJECT DESCRIPTION: Collection of Solid Waste, Yard Waste, Recycling and Bulky Waste: Sections: 13, 14, and 15 The Owner has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated December 2001 , and Information for Bidders. You are hereby notified that your BID has~; ~ee accepted for items in the amount of $_ ~~~r. \ 109 q 41\ . Q:j~ \-.l/) , J J ., tU' / ! You have agreed in your Proposal to execute the Agreement and furnish the required Contractor's Performance Bond and Payment Bond within Ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within Ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 15th day of March, 2002. B~ ~ TITLEMB' ACCEPTANCE OF NOTICE ,lA Receipt oflhe above NOTICE OF AWARD is hereby acknowledged on thisjqlb day of ~ B:~~ . TIT~~:''""?~~ IW-t NA-l ~nd II ~'-95 Q5 ca~ SECTION Ell PERFORMANCE BOND (NOTE: THIS BOND IS ISSUED SIWJL T ANEOUSL Y WITH PAYMENT BOND ON PAGE PB~3, IN FAVOR. OF THE OWNER CONDITIONED FOR THE PAYMENT OF tABOR AND MATERtAL.) !(NOW ALL MEN BY THESE PRESENTS: That Augusta D~sposal & Recycling, Inc. as Principal, hereinafter called Contractor, and _ Evet;:gre'~n NaJ:ional .Indemni ty Company . a corporation ot'garu%cd and existing under the laws or the State of Ohio . with its principal office in the City of Cleveland , State of Ohio . , as Surety, hereinafter called Surety, are held and firmly bound unto AUgustll-Richmond CQW\ty Commission-Council, Georgia., as Obligee, hereinafter called the Owner, in the penal amount of Six Hundred Four Thousand Nine Hundred Seventy '!\__O Dollars ($ 604,972.00 ) for the paYlnent whereof Contractor and. Surety bind themselves, their heirs, executors. a.dministratO[$. successors, and as5igns, jointly and scverally, finnly by these presents for the faithful performance of a certain written ail"cement. WHEREAS,Con1ractor has by said written agreement dated entered.into a contract with Owner for the COL.LECTK)N OF SOLID WASTE, YARD WASTE, RECYCU!'JG AND BULKY WASTE - PHASE n AT AUGUSTA, GEOR.GIA, in accordance with the drawings and specifications issued by AUg\:'.sta~Richmond COWlty Department Public Works, which contract is by reference made a pan he:reof: and is hereinafter refem:d to ,as the CONTRACT. . NOW, THEREFORE, the condition oj: this obligation is i\lch that, if Contractor shall promptly and faithfully perfonn said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full fOrte and effect. The Surety hereby waives notice of any alteration or extension of time made by the ' - Owner. PS-l Z 'd U98'oN ~d88:Z ZOOZ '6 'ldV Whenever Contractor shall be, ana <1cclarec1 by Owner to be in default under the CONTRACT, the Owner having perfonned Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: ' (1) Complete the CONTRACT in acc:ord.ancl: with its tenns and conditions, or (2) Obtain a bid~or bids for completing the Con1mct in accordance with its terms and conditions, and upon detennination by Surety of tho lowest respomible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest. responsible bidder, arrange fOf a contt'act between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this parug;ra.ph) sufficient funds to pay thl~ cost of completion less the balance of me contract price; but not cxc=ding, including other costs and damages for which the Surety may be liable hereunder, the amoWlt set forth in the first paragraph hcm:of. The term "balance of the contract price,'t as used in this paragraph, shall mean the total amount payable by Owner to Contractor und.er the Contract and any amendments thereto, less the amoW1t prol~erly paid by Owner to Contractor. Any suit Ul'lder thi$ bond must be instin;lted before the expiration of two (2) years from the date on which final payment under the CONTRACT fa.lls due. ATTEST: Augusta Dispo.~al & Recyc1in,g, Inc. Prin~.1 . ~ By (; ilL ~ (5) 9~ l -[l"2.-1~L-5:-"1:~ rs.~EAL) / ,.. Jc~";..:_"",,~~d.ress 'G-V~~ ,61>-- ~O~( I~'i~~ -!tff~:2- ~ ~::; ~-;: ,:J-~: JW{tJ\~ as to Princi I) - ,":' ~ r.- '1'J'1'.1:]:. Ili\ '1'1 0 ~ ... -,...; /:' ~'a": OL...... ~v 4 '- ~~'~:..f:~~::~Ki~~' ~Jt:s~s)sC, ~CJ f(j ( ,~ ~ ) No right of action shall accru.e on this bond to Of for the use of any perion or corporation other than the Owner named herein or the he~rs, executors, administrators or successors of the Owner. IN WITNESS WHEREOF,. this instrument is e,:ecuted in -L (number) of counterparts, each of which shall be deemed an original this ..2,5.4ay of MattJ1 . 20,QZ ~111JRl W ~-/:h1 r (principal) Secretary PB.2 .8 'd (,L9g'oN Wd88:l lOOl 'l 'ldV n Nfl. t iona 1 Indemn1 tv Cqp1"08ny 500 Note: Date of Bona mU5it be prior to date of Contract. If Contractor is Partnership, all partnen should execute Boncl. PB-3 V 'd GL98'oN ~d88:G GOOG 'G 'jdV Bond (,5 50505 ~9~ f~ LABORANDMATE~PAYMENTBOND (NOTE: TInS BOND IS ISSUED SIMULTANi~OUSLY.\VITH PERFORMANCE BOND ON PAGE PB-l, IN FAVOR. OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.) KNOW A ALL MEN BY THESE PRESENTS: ugusta- DIsposaI -&- That Recycling, Inc ..... , as Principal, hereinafter called ConU'aCtor, and._ Ever.green National Indemni ty Company , a corporation organized and existing under the laws of the State of _ Ohio . with its principal offiec in the City of ~;IevdM" ..State of Ohin .as Surety, her~inllfter called Surety, are held and finnly bound unto Augusta-Richinond County Commission-Co\Ulcil Georgia., as Obligee, hereinafter c,alled the Owner, for the use and benefic of claimants as hereinbelow defined in the amount of ~ Hundred Four Thousand, Nine Hundred Seventy-Two and 00/ 1 OO*~t\''''n'dr***~r*****'~*****n'**Yn\'*************[)QllarS ($ ECtt.972..OO for the payment whereof Contractor and Surety binci themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. \VHEREAS, Contractor has by written Igreement dated c:nt~ed. into a contract with Owner for the COLLECTION OF SOLID WASTE, YARD WASTE RECYCLrNG, ANn BULKY W ASTE ~ PHASE II in accordance with drawings and specifications issueci by i\~guSla.-RichmoOd C;~Ylmt.-'DlZineerin2 Deoarnncn.t, which contract is by reference made a part hereof; and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such trult, if the Contractor shall promptly make payment to all claimams as hereinafter defined, for al1 labor and material used or reasonably required to use in the pc~rfonnance of the CONTRACT. then this obligation shall be voidj othct'Wise it shall remain in full force and effect, subj~t. however, to the following conditions: (1) A claimant is defmed. as one' having a direct contract with the Contractor or with a subcontractor of the Contt'actor for labor, material; or both, used or reasortably required for use in the performance of the contract, labclr anc:1 material being constnled as to include that part of water, gas, power) light, heat, oil, gasoline, telephone service or rental of equipment directly applicabie to the CONTRACT. (2) The above named Contractor and Surety hereby jointly and severally aifee with the Ow7Jer PBv4 9'd Z[98'oN ~d88:G GOOG 'G 'JdV that every claimant u herein defined, who has not been paid in fUll before the expiration of a period of ninety (90) days ~er the date on which the last of such claimant's work or labor was done or performed, or materials WeR fumil;hed by such claimant, may sue on this bond for the IJ.SC gf such claimant, pro5C(';ute the suit to final judsemcnt for such sum or sums as may be justly due claimant, and have exccutioll thereon. The Owner shall not be liable for the paym~t of any costs or cxpmsea of any such suit. (3) No suitor action shall be commenced hereunder by any claimant, . (a) Unless claimant, other than one havmi: a direct c:ona-act with the Contractor, shall have given written notice to any two 01: the following: The Contra.etor, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the l~ of the work or labclr, or furnished the last of the materials for which said claim is made, stating with :iubstantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notic;e shall be served by mailing the same by registered mail or certified mail, postiic prepaid, in an envelope ad~ssed to the Contractor, Owner or Surety, at any pl:u:e where an office regularly maintained for the transaction of business, or served in any manner in which lega.l. process may be served in the state in which the aforesaid project is located, save that such servi(;c need not be made by a public officer, (b) Aftc:r the expiration of one (1) year following the date on which Contractor ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended. so as to be equal co the minimum period oflimitation pennitted by such l;lw. (c) Other than in a state eourt of competel:1t jurisdiction in and for the county or other political subdivision of the state in whi.ch the project, or any plitt thereof, is situated. or in the United States District Court felf the district in which the project, or any pa.rt thereof, is sitLlated, and not cls~here. (4) . The ~OUnt of this bond shall be reduced by ~;nd to the extent of any payment or payments made m good faith hereunder, inclusive of the payment by Surety ofmechanicst liens which may be tiled of record against said improvement, whether or not claim for the amoW1t of sueh lien be pr~5ented under and against this bond. Signed and sealed this 25th day of. March A.D. 200~2. PB.S 9 'd U9S'oN ~dH:Z zaaz 'z 'ldV Witness AttCSl Evergreen National Indemnity Company Witness Attest ~ ) ~# Augusta Disposal & Recycling, Inc. . 7," ~"(Scaij." I~,. .,:(G9nttaCtc;-rf-~. ::- '\ . ? :}';:ri_ . ;\'~~ By tutL ~"iS<aly~j o} '\" - .....---."(:I'itley. ~.~./ Evergreen Nation~l" . . '. .," Indemnity Company Note: Date of Bond must be prior to date of Contract If Contractor is Partnership. all partners should CXCC\:1tc Bond. L 'd U98'oN PB-6 . ~dH:G GOOG 'G 'ldV ~R:m:tc;hT~ 9f QWNI:B'S ATTORNEY I, the undersigned . ti!'1e authorized and acting legal rcprClentativc of Augusta-Richmond County Commission~Council do hereby eertify as follows: r have examined the attached Contrw:t($) and surety bonds and the manner of execution thereof, and I am of the opinion that .e~h of the: aforesaid agreements has 'oeen duly . executed by the proper parties thereto acting t!wugh th.eir duly authorited representatives; that said representatives have full power and authority to executl, said agreements on behalf of the respective . parties named thereon; and that the foregoing agreements constitute valid and legally binding ob1igatioIU upon the parties executing the same in :lCcordance with the tmns, conditiona and provisions then:of. DATE: March 25, 2002 pa~7 8 'd ZLg8'oN ~dt8:l lOOl 'l 'JdV " EVERGREEN NATIONAL INDEMNITY COMPANY CLEVELAND\IOHIO POWER OF ATTORNEY PRINCIPAL Augus ta Disposal & Recycling, Inc. CONTRACT AMOUNT $1,209,944.00****************** EFFECTIVE DATE March 25. 2002 AMOUNTOF90ND$ 604.972.00 ********* POWER NO. 5 5 0 5 0 5 KNOW ALL MEN BY THESE PRESENTS: 1'hat the Evergre=n Nationllllndeml,ity CompllnY, a corporation in the Sblte of Ohio doe~ hereby norniMte, constiMe and appoint: Olllliel}, Clark, Kathleen p, Price and Patricia A, Temple il.'ltrue IIond lawful Attomey(s).ln.Faclto make, eMcutc, anc~t, ~e\lllU1d deliver (or and on illi behalf, as Surety. and as its act llnd deed, where required. Bt'IY Il1'Id all bonds. undertakings, recognizllnces llnd written obli~ation~ in the nature thncof, PROVIDED. however, thaI the obligation of the Company under this Power of Attorney shall not ex.eelld One Million Five Hundred Thousand DollarH ($1,500,000,00), This Power of Attorney is granted lIfld lH signed by facsimile PUl'5UlU11 to the follc)wing Resolution adopted by lIS BOlLJ'd of Directors on the 2:Jrd day or February, 1994: "R~SOL VED, Thai MY two officers of the Complll1Y shall have the authority to make. eltClCute IlIld deliver a Power of AttOrney consliltltinS as Attorney(.).in.fact of such per!lonH, finn8. or corporations llIl may be lelected ft01l1time to time. . FURTHER R.ESOLVED, thlll the signatures of such officers !Illd the Seal of the CompMY may be affixed to &l'\Y such Power 01' Attorney or !illY cer1it1cate relating tbe~to by facsimile; I\lIIll\ny 81l0n Power of AttOrney'or cenlt.lcllte bearing such facsimile signatutCS or fllCSimile seal shall be ~'lllid and binding upon the Company; and IlIlY such powers 80 executcQlVld certificate by facsimile 8ignatures and f~simiJe .soal Shllll be valid l\nd binding upon the Compll11Y in rhe future with respect IV MY bond or Wlder1llklng 10 which It is attaclled," IN WITNESS WHEREOF'. the Evergreen Nationllllndemnity CompllnY has cau8cd its cOlporal<: selll to be affilted hereunto, and these ptesent.~ to be signed by its duly authorized officers this 23rd day of FebNlIT)'. 1994, NOlar)' PIJhlic) SUite l1fOhill) ~\...\~~~~ .L4~-"'~~ (f7~o~rtl\ .~ SEAL 'Q \~ raig L. Stout, Pre3idcnt ;; ~ ~.~~ l (lLt-,.,- . Roswell P. Ellis, Treasurer ss: 011 this 23rd day of f'ebruar)', 19~4, before the subscriber, a NOLary for Lhc: SLate of Ohio. duly commissioned and qualified, pcrSOI1~ll>' came ('r!lip, I.. StOlll uno Roswell P. F.t1is of the Evergreen National Indemnity Compan)', to me persoMlly known to be the individuals and officers d~~cribed her~il\. ano "Iw C.\O~lJt~J the preceding instrument and acknowledged tile execution of '.he same and being by me dul)' sworn. deposed and said lhat they arc the (,meers uf' ~uid Campan)' aforesaid, ancllhal the seal affixed to the preceding inSllument is the COfl)OTate Selll of said Compan)'. ancllhc sai<.l COfl)or~llc Seel illld signalllTcs liS omt;:>:rs were duly affixed and subscribed to the said instrument b)' the authority and direction of snid Corp()r~ljon. ,\J\d lhal Ih, rc~ol\l(i()11 of said t'ompI111)', referred to in the preceding instrument, is nOw in force. IN TESTIMONY WHEREOF. I have hereunto set my hand and. Bfl1xed my official seal at Columbus. Ohio, !.he day Bnd.year Hbov~ writlm ~1 Stille oj' 011io ) SUE E. CUFfY NQTAl1Y ~ STATE CJCHO MY COMMI~ro\RES AOO. &, D)4 . Sut! E. Duffy N()lllry P~lhlic SIBte ofOhitl My Commission expire~ Augusl 6. 20U4 I. the lInder~i!!\ncd, Secrct,,,), tlf'th" Evergreen Nati"nallndel1lnil)' Company, I stock cOlporalioll of th~ Slale of Ohio, DO HEREBY CERTIFY Iii at lil~ lorcgoing Po.wer of Attomey remains in fl.lll force un<.l has not b~cn revoked; end furthermore tl!at the Resolution of the Board of Directors, set limh . herein ublwe. is no\\' in force, Sltll1~d ~nd ~ellled h\ Cleveland, Ohio lhi~ 25 th day of ~1aI:ch 2002 6 'd U98'ON ...,11lII1lII1Il """~~,,....+. i,ti ~~ \. l~~~'" ~ ,'it1 C.O~'C\;4\ ~~\ SEAL J.~I ~'1i."'19fQ,,/li) '""....... . ~.s* '((IIII~l;i,!~\\\,'" a~~ Anne.. eycf1, ~ MY reproduction or faalimiJe ofthl.$ form is \'oid lllld invalid. ~dV8:6 6006 '6 'ldV I I I I I I I I I I I I I I I I I I I SECTION PB PERFORMANCE BOND (NOTE: Tms BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE PB-3, IN FAVOR OF THE OWNER CONDITIONED. FOR THE PAYMENT OF LABOR AND MATERIAL.) KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called Contractor, and a corporation organized and existing under the laws of the State of , with its principal office in the City of , as Surety, hereinafter , State of called Surety, are held and firmly bound unto Augusta-Richmond County Commission-Council, Georgia, as Obligee, hereinafter called the Owner, in the penal amount of Dollars ($ ) for .the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. WHEREAS, Contractor has by said written agreement dated entered into a contract with Owner for the COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING AND BULKY WASTE - PHASE IT AT AUGUSTA, GEORGIA, in accordance with the drawings and specifications issued by Augusta-Richmond County Department Public Works, which contract is. by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of tlns obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. PB-l I I I I I I I I I I I I I I I I I I I Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: (1) Complete the CONTRACT in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects; upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be institutl;:d before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. IN WITNESS WHEREOF, this instrument is executed in _ (number) of counterparts, each of which shall be deemed an original this Bday of _ M~ ,20oL- \ . ATTEST: /J' 11_ 1/ 'aA:A t>~~.+...- \t>"f"..~Lt.(?~~'0 oe.K.. ~p~'T\ aL-~ rincipal (principal) Secreta:JY By~~\f?~ (.o,~oX '3'14- Address (s) G"V~ G-~. (SEAL) ~6<66( ~" .... ., /.~~t\i:~ ,"_,~.~~~r" , .....-..... --- ./--:.. .- A. ___ ':':_: f ~~ .~.. __~: --:~. ~ ;: . -::-;~.=. ~ -~:~~r;' ~ --- - ....... r- ~, ....: _z ~~ .. ..............., - ,... - ~.:: ~__....=.~~~:~,.:~.:c !1~:K /M ,/ (' './ ~ (Witness as to' Principal) '&- ~GS So c.A tlt-I (Address) .l.-... NI~tK~~ ~. S' ,C. L 4, ~"\ v PB-2 .? .1 I I I I I I I I I I I I I I I I I I Surety ATTEST: By Attorney-in-fact (Surely) Secretary (Seal) Address Witness as to Surety Address Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. PB-3 I I I I I I I I I I I I I I I I I I I SECTION PB LABOR AND MATERIAL PAYMENT BOND (NOTE: Tms BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB-l, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.) KNOW ALL MEN BY THESE PRESENTS: That , as Principal, hereinafter called Contractor, and _ , a corporation organized and existing under the laws of the State of _ , with its principal office in the City of , as ,_State of Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission-Council Georgia, as Obligee, hereinafter called the Owner, for the use and benefit of claimants as hereinbelow defined in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for the COLLECTIO~ OF SOLID W ASTE, YARD WASTE RECYCLING, AND BULKY WASTE - PHASE Il in accordance with drawings and specifications issued by Augusta-Richmond County Engineering Department, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or 'reasonably required to use in the perfOlmance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the CONTRACT, (2) The above named Contractor and Surety hereby jointly and severally agree with the Owner PB-4 I I I I I I I I I I I I I I I I I I I (4) that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furriished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit tounal judgement for such swn or swns as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any .costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid proj ect is located, save that such service need not be made by a public officer, (b) After the expiration of one (1) year following the date on which Contractor ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period oflimitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision ofthe state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this day of A.D. 2001. PB-5 I I I I I I I I I I I I I I I I I I I Witness Attest Witness Attest (Seal) (Contractor) By (Seal) (Title) (Seal) (Surety) By (Seal) (Title) Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. PB-6 /" I I' I I I I I I I I I I I I I I I I I CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned , the authorized and acting legal representative of Augusta-Richmond County Commission-Council do hereby certify as follows: I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreemt:nts constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions and provisions thereof. DATE: PB-7 I I I I I I I I I I I I I I I I I I I SECTION NP NOTICE TO PROCEED Attach Notice to Proceed here. TO: DATE: PROJECT: You are hereby notified to commence work in accordance with the Agreement dated , 2001, within Ninety (90) calendar days following this date, the date first written above, and you are to complete the work within _ (_) consecutive calendar days after the date of this notice. The date set for completion of all work is therefore ,20_ BY: TITLE: ACCEPT ANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged and the same is hereby accepted on this . day of ,2001. BY: TITLE: COA - 2 I I I I I I I I I I I" I I I I I I I I GC,-OI. GC-02. GC-03. GC-04. GC-05. GC-06, GC-07. GC-08. GC-09. GC-I0. GC-l1. GC-12. GC-13 . GC-14. GC-15. GC-16. GC-17. GC-18. GC-19. GC-20. GC- 21. GC-22. GC-23. GC-24. GC-25. GC-26. GC-27. GC-l SECTION GC GENERAL CONDITIONS INDEX TO ARTICLES OF GENERAL CONDITIONS Section Page No. Definitions Additional Instructions and Detail Drawings Schedules, Reports and Records Drawings and Specifications Shop Drawings Materials, Services and Facilities Inspection and Testing Substitutions Patents Permits and Regulations Protection of Work, Property and Persons Supervision by Contractor Changes in the Work Changes in Contract Price Time for Completion" and Liquidated Damages Suspension of Work, Termination and Delay Payments to Contractor Insurance & Indemnity Contract Security Assignments Indemnification Subcontracting Engineer's Authority Land and Rights-of-Way Taxes Order and Discipline " Special Restrictions 2 5 6 6 7 7 8 8 9 9 9 10 10 10 10 11 12 13 15 15 16 16 16 17 17 17 17 GC-Ol. DEFINITIONS: Wherever used in the Contract Documents, the following terms shall have the meanings I I I I I I I I I I I I I I I I I I I indicated which shall be applicable to both the singular ,md plural thereof. 1. ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletion, clarifications or corrections. 2.BAGS - Plastic sacks designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by top. Total weight of a bag and its contents shall not exceed 35 lbs, 3. BID: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the work to be performed, 4. BIDDER: Any person, firm or corporation submitting a bid for the work. 5. BONDS: Bid, Performance and Payment Bonds and other instruments of security furnished by the Contractor and his Surety in accordance with the Contract Documents. 6. BULKY WASTE: Furniture, mattresses, stoves, refrigerators, water tanks, washing machines, arid other non-hazardous waste materials including 200 lbs. or less of construction debris and tires off the rim. 7. CART: A plastic receptacle with wheels and lid with a capacity of 90-95 gallons. A cart with a minimum capacity of 60 gallons may be substituted to meet special needs. 8. CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents or authorizing an adjustment in the contract price or contract time. 9. CITY: City of Augusta, Georgia. 10. CONSTRUCTION DEBRIS: Waste building materials resulting from construction, remodeling, repair or demolition operations. 11. CONTRACT DOCUMENTS: The'contract including Advertisement for Bids, Information for Bidders, Proposal, Bid Bond, Notice of award, Agreement, Performance Bond, Payment Bond, Notice to Proceed, Change Orders, General Conditions, Supplemental General Condition, Special Conditions, Technical Specifications, Drawings and Addenda. 12. CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions of the Contract Docwnents. 13. CONTRACT TIME: The number of calendar days stated in the Contract Documents for the completion ofthe work. 14. LIFE OF THE CONTRACT: The total duration of the contract from Notice to Proceed to GC-2 I .1 I I I I I I I I I I I I I I I I I completion of all the work. 15. CUSTOMER: Means the recipient of collection services, and can be a resident in the Contract Area, or a Designated Non-Residential Location. 16. DESIGNATED COLLECTION AREA(S): Means that geographic area at which the Contractor will provide collection and other services pursuant to the Proposal. Collection points will be at the curb for Refuse, Yard Waste, Bulk:! Waste, and Recyclable. Collection points will be at the curb (on the right of way ifno curb exists) or in centralized areas for multi-family housing, as determined by the engineer and in the back yard for customers with physical disabilities (for refuse collection only). 17, DESIGNATED DISPOSAL FACILITY: Means a facility to which each material collected under this contract must be delivered. The disposal facility for any or all of the materials collected may change to meet the need and contractual obligations of the City, 18, DESIGNATED NON-RESIDENTIAL LOCATION: Means a non-residential location in the Contract Area that receives collection 'and other solid waste services from the Contractor. 19. DRAWINGS: The part of the Contract Documents which show the characteristics and scope of the work to be performed and which have been prepared or approved by the Engineer. 20. ENGINEER: The person, firm or corporation named as such in the Contract Documents. 21. EVICTIONS: The removal of a tenant from property by legal process. 22. GARBAGE: Every accumulation of waste (animal, ve:getable and/or other matter) that results from the preparation, processing, consumption dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains, or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable animal or vegetable waste matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition ofi3ulky Waste, Construction Debris, Hazardous Waste or Rubbish. 23. HANDICAP/SPECIAL NEEDS: Any physical or mental impairment which would prevent a resident(s) from moving a 90 - 95 gallon container to (md from the curb or designated collection point. 24. HAZARDOUS WASTE: Waste, which is defined, characterized or designated ~ hazardous by the United States Environmental Production Agency or appropriate State agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For purposes of this Contract, the term Hazardous Waste shall also include motor oil, gasoline, oil base or lead paint, paint cans or their cans. GC-3 I I I I I I I I I I I I I I I I I I I. 25. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the successful Bidder. 26. NOTICE TO PROCEED: Written communication issued by the Owner to the Contractor authorizing him to proceed with the work and establishlng the date of commencement of the work. . 27. OWNER: A public or quasi-public body or authority, corporation, association, partnership or individual for whom the work is to be performed. 28. PROJECT: The undertaking to be performed as provided in the Contract Documents. 29. RECYCLABLE MATERIAL(S):, Newsprint (magazines); aluminum and bi-metal cans; HDPE clear plastic milk jugs and PET plastic soft drink containers; or any other Commodity designated by the City. 30. OUT OF COMPLIANCE TAG: An attachable notice which clearly informs the customer that the waste is out of compliance and provides an explanation as to why the waste is not being picked up. Notice should be 8 Y2 X 5 Y2 and red in color. 31. REFUSE: All Garbage, Bulky Waste, Yard Waste, tires and white goods generated by a customer. 32. RESIDENT PROJECT REPRESENTATNE: The authorized representative of the Owner who is assigned to the project site or any part thereof 33. RESIDENTIAL UNIT: An occupied dwelling (whether a single family home or a multi- family unit) requiring curbside collection. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. 34. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a Subcontractor, Manufacturer, Supplier or Distributor, which illustrate how specific portions of the work shall be fabricated or installed. 35. SOLID WASTE: Is defined as garbage and trash. This may include glass jars, bottles, aluminum cans, steel cans, plastic soda and liquor bottles, newspapers and inserts, plastic soda, milk and water bottles and spiral paper cans, and other solid waste including yard waste, and bulky waste as defmed. Residential solid waste shall not include discarded building materials, trees, brush, tires - no commercial tire businesses, and other material resulting from the activities of building contractors, commercial tree trimmers or commercial lawn services, large quantities of sod, dirt and trash from land clearing, and other materials requiring special handling as determined by the engineer. GC-4 I I I I I I I I I I I I I I I I I I I 36. SPECIFICATIONS: A part of the Contract Documents consisting of written descriptions of a technical nature or materials, equipment, construction systems, standards and workmanship. 37. SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the Contractor or any other Subcontractor for the performance of a part of the work at the site. 38. SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction ofthe project or a specified part can be utilized for the purposes for which it is intended. 39. SUPPLEMENTAL GENERAL CONDITIONS: Modifications and/or additions to the General Conditions of a specific nature generally aimed at the specific contract of which it a part. 40. SUPPLIERS: Any person, supplier or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site. 41. TIRES: Any rubber cushioning from a wheel which will include automobiles, trucks, bicycles and other small vehicles. (Excludes any and all commercial vehicles or commercial establishments. ) 42. UNIT: Shall be defined as one (1) residential unit, individual apartment or condominium in a multiple family residence, or Designated Non-Residential Location unless otherwise specified by the City. 43. WRITTEN NOTICE: Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered ma~l to the said party at his last given address or delivered in person to said party or his authorized representative on the work. 44. YARD WASTE: All tree trimmings, dead plants, weeds, leaves, and dead tree debris not exceeding five feet (5') in length, four inches (4") in diameter or fifty pounds (50 lbs.). GC-02. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS 1. The Contractor may be furnished additional instructions and detail drawings, by the Engineer, as necessary to carry out the work required by the Contract Documents. GC-5 I I I I I I I I I I I I I I I I I I I 2. The additional drawings and instructioris thus supplied will become a part of the Contract Documents. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. GC-03. SCHEDULES. REPORTS AND RECORDS: 1. The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning the work performed or to be performed. 2. Prior to the first partial payment estimate, the Contraetor shall submit schedules showing the order in which he proposes to carry on the work, including dates at which he will start the various parts of the work, estimated date of completion of each part and as applicable: 2.1 the dates at which special detail drawings will be required; and 2.2 respective dates for submission of shop drawings, the beginning of manufacture, the testing and the installation of materials, supplies and equipment. - 3. The Contractor shall also submit a schedule of payments that he anticipates he will earn during the course ofthe work. GC-04. DRAWINGS AND SPECIFICATIONS: 1. The intent ofthe drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the work in accordance with the Contract Documents and all incidental work necessary to complete the project in an acceptable manner, ready for us, occupancy or operations by the Owner. 2. In case of conflict between the drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. 3. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovelY of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. 4. All work that may be called for in the specifications and not shown on the drawings, or shown and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both these ways and should any work or material be required which is not detailed GC-6 I I I I I I I I I I I I I I I I I I I in the specifications or drawings, either directly or indirectly, but which is nevertheless necessary for the proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and required and shall perform all such work and furnish any such material as fully as if they were particularly delineated or described. 5. It is understood and agreed that the, Contractor, by careful examination, has satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Major changes in the function of the contract will result. Incidental changes or extra component parts required to accommodate the substitute will be make by the Contractor without a change in the contract price or contract time. GC-OS. SHOP DRAWINGS: 1. The Contractor shall provide shop drawings as may be necessary for the prosecution of the work as required by the Contract Documents. The Engineer shall promptly review all shop drawings. The Engineer's approval of any shop drawings shall not release the Contractor from responsibility for deviations from the Contract Documents. The approval of any shop drawing which substantially deviates from the requirement of the Contract Documents shall be evidenced by a Change Order. 2. When submitted for the Engineer's review, shop drawings shall bear the Contractor's . certification that he has reviewed, checked and approved the shop drawings and that they are in - conformance with the requirements of the Contract Documents. 3. Portions of the work that require shop drawing or sample submission shall not begin until the shop drawing or submission has be~n approved by the Engineer. A copy of each approved shop drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. GC-06. MATERIALS. SERVICES AND FACILITIES~ 1. It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature whatsoever necessary to execute:, complete, and deliver the work within the specified time. 2. Materials and equipment shall be so storeg as to insme the preservation of their quality and GC-7 I I I I I I I I I I I I I I I I I I I fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. 3. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. . 4. Materials, supplies or equipment shall be in accordance with samples submitted by the Contractor and approved by the Engineer. 5. Materials, supplies or equipment to be incorporated into the work and purchased by the Contractor of the Subcontractor will be subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. GC-07. INSPECTION AND TESTING: 1. All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards. 2. The Contractor shall provide, at his expense, the necessary testing and inspection services required by the Contract Documents, unless otherwise provided. 3. The Owner shall provide all other inspection and testing services required by the Contract Documents. 4. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness. 5. Neither observation by the Engineer or inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the work in accordance with the requirements of the Contracts Documents. 6. The Engineer and his representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or State Agency shall be permitted to inspect all work, equipment, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facili'ties for such access and observation of the work and also for any inspection or testing thereof GC-08. SUBSTITUTIONS: 1. When a material, article or piece of equipment is identified on the drawings or specifications by reference to brand name or catalogue number, the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article or piece of equipment of equal GC-B I I I I I I I I I I I I I I I I I I I substance and function for those name or catalogue number and if, in the opinion of the Engineer, such material, article or piece of equipment is of equal substance and function to that specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deducted from the contract price and the Contract Documents shall be appropriately modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function of the contract will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. GC-09. PATENTS: 1. The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and save the Owner harmless from loss on account thereof except that the Owner shall be responsible for any such loss when a particular process, design or the product of a manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Engineer. GC-IO. PERMITS AND REGULATIONS: 1. Permits and licenses of a temporary nature 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. If the Contractor observes that the Contract Documents are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in Section 13, Changes in the Work. GC-ll. PROTECTION OF WORK. PROPERTY AND PERSONS: 1. 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 protecti.on 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 material 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. 2. 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 whose acts any ofthem are liable, except damage or loss attributable to the fault of the Contract Document or to the acts or omissions of the Owner or the Engineer or anyone employed by either of them or anyone for GC-9 I I I I I I I I I I I I I I I I I I I whose acts either ofthem may be liable and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor. 3. The work under this Contract in every respect shall be at the risk ofthe Contractor, except to damage or injury caused directly by the Owner's agents or employees. GC-12. SUPERVISION BY CONTRACTOR: 1. 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 be present on the site at all times as required to perform adequate supervision and coordination of the work. Supervisor or Superintendent will not be the operator of a route collection unit. Supervisor will have a cellular phone and mobile commlinicatiori( s) at all times during 'collection operation hours. GC-13. CHANGES IN THE WORK: 1. The Owner may at any time as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes irlcrease or decrease the amount due under the Contract Documents or in the time required for performance of the work, an e,quitable adjustment shall be authorized by Change Order. 2. The Engineer, also, may at any time, by issuing a field order, make changes in the details ofthe work. The Contractor shall proceed with the performance of any changes in the work so ordered by the Engineer unless the Contractor believes that such field order entitles him to a change in the contract price or time or both, in which event he shall give the Engineering written notice thereof within ten (10) days after the receipt of the ordered change pending the receipt of an executed change order or further instruction from the Owner. GC-14. CHANGES IN CONTRACT PRICE 1. The contract price may be changed only by a Change Order. The value of any work covered by a Change Order or of any claim for increase or decrease in the contract price shall be determined by one or more of the following methods in the order of precedence listed below: 1.1 Unit prices previously approved. 1.2 An agreed lump sum. 1.3 The actual cost for labor, direct overhead, materials, and supplies, equipment and other services necessary to complete the work. In additic)n there shall be added an amount to be agreed upon, but not to exceed fifteen (15) percent of the actual cost of the work to cover the cost of general overhead and profit. GC-lS. TIME FOR COMPLETION AND LIQUIDATl8:D DAMAGES: 1. The date of beginning and the time for completion ofthe work are essential conditions ofthe GC-10 I I I I I I I I I I I I I I I I I I I Contract Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed. 2. Penalties for non-compliance with the contract terms and conditions up to the amount specified for liquidated damages may be applied for each failure to comply. Special attention is called to: SC 11 Which addresses submittal of a business plan SC 15 Which addresses follow-ups complaints SC 17 Which addresses mixing of non-contract waste SC 23 Which addresses failure to separate materials Plior to disposal at the Augusta- Richmond County Landfill SC 25 Which addresses reporting requirements SC 26 2.C Which addresses return pick ups of yard waste 3 The Contractor will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. 4 If the Contractor shall fail to complete the work within the contract time, or extension of time granted by the Owner; then the Contractor will pay to the Owner the amount for liquidated damages as specified in the bid for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Documents. This shall be applicable to each affected section awarded as part of this contract. 5 The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following and the Contractor has promptly given written notice of such delay to the Owner or Engineer. 5.1 To any preference, priority or allocation order duly issued by the Owner. 5.2 To unforeseeable causes beyond the control and without the fault of negligence of the Contractor, including but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another Contractor in the perform,mce of a contract with the Owner, fues, floods, epidemics, quarantine restrictions, strikes., freight embargoes and abnormal and unforeseeable weather; and 5.3 To any delays of subcontractors occasioned by arty of the causes specified in Paragraphs 5.1 and 5.2 ofthis Article. GC-16. SUSPENSION OF THE WORK. TERMINAT][ON AND DELAY: 1. The Owner may, at any time and without cause, suspend the work or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the Contractor, by written notice to the Contractor. The Engineer shan fix the date on which work shall be resumed. The Contractor will resume that work on the date so fixed. The Contractor will be GC-ll I I I I I I I I I I I I I I I I I I I allowed an increase in the contract price, an extension of the contract time, or both, directly attributable to any suspension. 2. If the Contractor is adjudged bankrupt or insolvent, or ifhe makes a general assignment for the benefit of his creditors or if a trustee or receiver is appointed for the Contractor or for any of his property or ifhe files a petition to take advantage of any debtor's act to reorganize under the bankruptcy or applicable laws or ifhe repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or ifhe repeatedl:y fails to supply sufficient skilled workmen or suitable equipment or ifhe disregards law, ordinances, rules, regulations or orders of any public body having jurisdiction ofthe work or ifhe disregards the authority of the Engineer, or if, in the opinion of the Engineer, the Contractor fails to make satisfactory progress in prosecuting the work, or ifhe otherwise violates any provision of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and his Surety a Minimum of ten (10) days from delivery of a written notice, terminate the services of the Contractor and take possession oftheProject and of all materials, equipment, tools, equipment and machinery thereon owned by the Contra.ctor and finish the work by whatever method he may deem expedient. In.such case, the Con1ractor shall not be entitled to receive any further payment until the work is finished. Ifthe unpaid balance of the contract price exceeds the direct and indirect costs of completing the project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated in a Change Order. 3. Where the Contractor services have been so terminated by the Owner, said termination shall not affect any right of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies by the Ovmer due the Contractor will not release the Contractor from compliance with the Contract Documents. 4. After ten (10) days from delivery of a written notice to the Contractor and the Engineer, the Owner, may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Contract. In such case, the Contractor shall be paid for all work executed and any expense sustained plus reasonable profit. 5. If, through no act or fault ofthe Contractor, the work is suspended for a period of more than ninety (90) days by the Owner or under an order of court or other public authority, or the Engineer fails to act on any request for payment within thirty (30) days after it is submitted, or the Owner fails to pay the Contractor substantially the sum approved by the Engineer within thirty (30) days of its approval and presentation, then the Contractor may after ten (10) days from delivery of a written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner payment for all work executed and all expenses sustained. In addition, and in lieu of terminating the Contract, if the Engineer has failed to act on a request for payment or if the Owner has failed to make any payment as aforesaid, the Contractor may, upon ten(1 0) days notice to the Owner and the Engineer, stop the work until he has been paid all amounts then due, in which event and upon resumption of the work, Change Orders shall be issued for adjusting the contract price or extending the contract time or both to compensate for the costs and delays attributable to the stoppage ofthe work. GC-12 I I I I I I I I I I I I I I I I I I I 6. If the performance of all or any portion of the work is suspended, delayed, or , interrupted as a result of a failure of the Owner or the Engineer to act within the time specified in the Contract Documents, or if not time is specified, within reasonable time, an adjustment in the contract price or an extension of the contract time or both, shall be made by Change Order to compensate the Contractor for the costs and delays necessarily caused by the failure of the Owner or the Engineer. GC-17. PAYMENTS TO THE CONTRACTOR: 1. The Contractor shall submit a monthly payment request to the City for services performed the previous month. The City shall pay the Contractor within thirty (30) days of receipt of a correct payment request by the Augusta-Richmond County Finance Department. Payment shall be based on the contract area. The City shall deduct any assessments due from the payment owed the Contractor. The price paid ,shall be the sum of: the price proposal for curbside refuse collection in the contract area, plus the price proposal for yard waste collection in the contract area, plus the price proposal for recycling, plus the unit price proposal for bulky waste collection as authorized by the City, less any assessments, plus any approved special services performed during the payment period. Payment requests shall be accompanied by (1) data supporting the payment request, as necessary, in the City's opinion, to substantiate the Contractor's right to remittance of the amounts requested; (2) a signed certification from the Contractor that it has fully and properly performed all items of work covered by the payment request, that all insurance and bonds required hereunder are in full force and effect, that all subcontractors and suppliers have been paid from previous requests, and that it is not in default under any provision ofthis Contract. Should the City dispute any portion of the payment request, it shall, within thirty days, furnish a detailed itemized explanation of such objection, which cites its authority under the Contract to withhold such payments. All amounts not in dispute shall be paid within thirty (30) days following receipt by the City of such payment request, subject to withholding as otherwise provided herein. Original payment requests shall be sent to: Augusta-Richmond County - Finance Department Accounts Payable Section Room 108, Municipal Bldg. 530 Greene Street Augusta, Georgia 30911 GC-13 I I I I I I I I I I I I I I I I I I I A duplicate invoice shall be sent to: Office of the Director of Public Works And Engineering 1815 Marvin Griffin Road Augusta, GA 30911 GC-18. INSURANCE AND INDEMNITY: 1. To the extent permitted by law, the Contractor shall indemnify and save harmless Augusta- Richmond County Commission-Council, its officers, agents, employees and assigns from and against all loss, cost, damages, expense and liability caused by an accident or other occurrence resulting in bodily injury, including death, sickness and disease to any person; or damage or destruction to property, real or personal; arising directly or indirectly from operations, products or services rendered or purchased under this Contract; or violation of any interlocal agreement, state or federal rule, regulation or law, or any other provision of law regulating solid waste collection, hauling or disposal. The Contractor shall be held responsible for any damage to customers' property, real' or personal, which occurs by the Contractor or the Contractor's agent in the performance of this Contract. If the City, upon an independent investigation, finds that the Contractor has failed to completely reimburse the customer for the damaged property, the City may pay the customer any monetary amount it deems necessary to make the customer whole and deduct the same from the Contractor's monthly payment. 2. 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. 2.1 Claims under Workman's Compensation, disability benefit and other similar employee benefit acts, 2.2 Claims for damages because of bodily injury, occupational sickness or disease or death of his employees, 2.3 Claims for damages because of bodily injury, sickness or disease or death of any person other than his employees, 2.4 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 2.5 Claims for damages because of injury to or destruction of tangible property, GC-14 I I I I I I I I I I I I I I I I I I I including loss of use resulting therefrom. 3. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement ofthe work. These Certificates shall contain a provision that coverages afforded under the policies will not be cancelled unless at least fifteen (15) days prior written notice has been given to the Owner. 4. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, liability insurance as hereinafter specified. 4.1 Contractor's General Public liability and Property Damage insurance including vehicle coverage issued to the Contractor and protecting him from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the Contract Documents, whether such operations be by himself or by any Subcontractor under him or anyone directly or indirectly employed by the Contractor or by a Subcontractor under him. Insurance shall be written with a limit of liability of not less than $200,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by anyone person in anyone accident; and a limit ofliability of not less than $500,000 for any such damages sustained by two or more persons in anyone accident. Insurance shall be written with a limit ofliability of not less than $100,000 for all property damage sustained by anyone person in any one accident; and a limit of liability of not less than $200,000 for any such damage sustained by two or more persons in anyone accident. 4.2 The Contra~tor shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the Project to the full insurable value thereof for the benefit of the Owner, the Contractor and Subcontractor as their interest may appear. This provision shall in no way release the Contractor or Contractor's Surety from obligations under the Contract Documents to fully complete the Project. 6. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, in accordance with the provisions of the laws of the state in which the work is performed, Workman's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require such Subcontractor similarly to provide Workman's Compensation Insurance, including occupational disease provision for all of 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 at the site of the Project is not protected under Workman's Compensation statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate and suitable insuranc.e for the protection of his employees not otherwise protected GC-19. CONTRACT SECURiTY: 1. The Contractor shall, within ten (10) days after the rect::ipt of the Notice of Award, furnish the GC-15 I I I I I I I I I I I I I I I I I I I Owner with a Performance Bond and a Payment Bond in penal sums equal to the amount of the contract price, conditioned upon the performance by the Contractor' of all undertakings, covenants, terms, conditions and agreements of the Contract Documents and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact business in the state in which the work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these bonds shall be borne by the Contractor. If at any time a Surety on any such bond is declared a bankrupt or loses its right to do business in the state in which the work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (l0) days after notice from the Owner to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new Surety or Sureties shall have furnished an acceptable bond to the Owner. GC-20. ASSIGNMENTS: 1. 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 ofthe other party. GC-21. INDEMNIFICATION: 1. The Contractor will indemnify and hold harmless the Owner and the Engineer and their 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 ofthe Contractor and Subcontractor, anyone directly or indirectly employed by any ofth~:m or anyone for whose acts any of them may be liable. 2. In any and all claims against the Owner or the Engineer or any of their agents or employees, by an employee of the Contractor, Subcontractor, anyone directly or indirectly employed by any ofthem, 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 t,he Contractor or any Subcontractor under Workman's Compensation acts, disability benefit acts or other employee benefits acts. 3. The obligation ofthe Contractor under this paragraph shall not extend to the liability ofthe ,Engineer, his agents or employees arising out ofthe preparation or approval of maps, drawings, opinions, reports, surveys, change orders, design or specifications. GC-16 I I I I I I I I I I I I I I I I I I I GC-22 SUBCONTRACTING: 1. T he ,Contractor may utilize the services of specialty Subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty Subcontractors. 2. The Contractor shall not award work to Subcontractor(s), in excess of fifty (50%) percent of the Contract Price, without prior written approval ofthe Owner. 3. The Contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him. 4. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind the Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the work of Subcontractors and to give the Contractor the same power as regards temlinating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. 6 Nothing contained in this Contract shall create ~my contractual relation between any Subcontractor and the Owner. . GC-23. ENGINEER'S AUTHORITY: 1. The Engineer shall act as the Owner's representative during the contract period. He shall decide questions which may arise as to quality and acceptability of materials furnished and work performed. He shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Engineer will make visits to the site and determine if the work is proceeding in accordance with the Contract Documents. 2. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship and execution of the Work. 3. The Engineer will not be responsible, for the collection means, controls, techniques, sequences, procedures or safety. 4. The Engineer shall promptly make decisions relative to interpretation of the Contract Documents. GC-24. LAND AND RIGHTS-OF-WAY: 1. Prior to issuance of Notice to Proceed, the Owner shall obtain all land and rights-of-way necessary for carrying out and for the completion of the work to be performed pursuant to the Contract Documents, unless otherwise mutually agreed. GC-17 I I I, I I I 1 I I I I I I I I I I I I 2. The Owner shall provide to the Contractor inforrnation which delineates and describes the lands owned and rights-of-way acquired. 3. The Contractor shall provide at his own expense and without liability to the Owner any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. GC-2S. TAXES: 1. The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place where the work is performed. GC-26. ORDER AND DISCIPLINE: 1. The Contractor shall at all times enforce strict discipline and good order among his employees and any employee of the Contractor who shall appear to be incompetent, disorderly or intemperate or in any other way disqualified for or unfaithful to the work entrusted to him, shall be discharged immediately on the request of the Engineer and he shall not again be employed on the work without with the Engineer's written consent. GC-27. SPECIAL RESTRICTIONS: 1. No work shall be allowed after the hours of darkness or on Saturday or Sunday without permission of the Owner GC-1B I I I I I I I I I I I I I I I I I I I SC-Ol. SC-02. SC-03. SC-04. SC-05. SC-06. SC-07. SC-08. SC-09. SC-lO. SC-l1. SC-12. SC-13. SC-14. SC-15. SC-16. SC-17. SC-18. SC-19. SC-20. SC-21. SC-22. SC-23. SC-24. SC-25. SC-26. SC-27. SC-28 sc-o SECTION GC SPECIAL CONDITIONS INDEX TO ARTICLES OF SPECIAL CONDITIONS Section Page No. Scope of Work Additional Service Description of Contract Area Generation of Materials Contract Period Notice to Proceed Contract Documents Provided Solid Waste Ordinances Contractor Responsibilities Human Resource Provision Schedule, Routes and Public Information Service Frequency Days of Collection Office Complaints Care and Diligence Collection Vehicles Time of Collection Disposal Hauling Responsibility for Materials Collected Work Designated Disposal Facilities Emergency Plan Reporting Requirements Collection Requirements Collection Impediments Customer Complaints and Non-Performance 1 1 1 1 1 2 2 2 2 3 4 5 5 6 6 6 7 8 8 8 8 9 9 10 10 12 15 16 I I I I 1 I I I I I I I I I I I I 1 I SPECIAL CONDITIONS SC-Ol. SCOPE OF WORK: The work under this Contract shall consist of the items contained in the Proposal, including all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with the Contraet Documents. SC-02. ADDITIONAL SERVICE: Pursuant to this Contract, no customer may be provided additional services by the Contractor which are outside the scope of this Contract. The Contractor shall not charge any customer for services provided by the City under the terms of this Contract. Likewise, the City shall not be responsible to the Contractor or the customer for any additional services provided at the request of the customer by the Contractor. SC-03. DESCRIPTION OF CONTRACT AREA: The Contract Area designated by the City is described in an attachment to this Contract. Contractor is responsible for collection within the eontract area. Estimated units are for reference only and Contractor is responsible for verifying the exact number of units in each contract area. SC-04. GENERATION OF MATERIALS: Because future increases or decreases in population, number of units or generation of residential solid waste and other materials in the contract area cannot be guaranteed, it is expected that proposers will formulate their own projections of amounts of materials to be generated and collected for the purposes of their Proposals. SC-05. CONTRACT PERIOD: The initial term of this Contract is for two years and the City may, at its sole option, renew the Contract for two successive one-year terms (extensions) under the conditions set forth in this Contract. The City shall give the Contractor written notice of its intention to extend the Contract a minimum of ninety (90) days before the expiration of the Contract. Any changes in the Contract terms shall be agreed to and accepted, in writing, by the City and the Contractor. SC-l 1 1 I I I I I I I I I I I 1 I I I 1 1 SC-06. NOTICE TO PROCEED: Since no interruption ofthe existing service is permissible, service transition (from private or other contractor provided to Contractor-provided service) must be coordinated and executed on the starting date set forth in the Notice to Proceed. The City intends to issue the Notice to Proceed within 10 days after award of the Contract. SC-07. CONTRACT DOCUMENTS PROVIDED: The Contractor will be provided with three (3) sets of Contract Documents. Additional sets may be obtained at the cost of printing. SC-08. SOLID WASTE ORDINANCES: Augusta-Richmond County Solid Waste Ordinances, available upon request, are hereby incorporated into this Request for Proposals and the Contractor shall comply with the Ordinances in carrying out the Contractor's duties and obligations. SC-09. CONTRACTOR RESPONSIBILITIES: 1. Compliance with Laws and Ordinances: The Contractor shall comply with all applicable local, state and federal ordinances, statutes, laws, mles and regulations governing the collection, transportation and disposal of solid waste, refuse yard waste, bulky waste and recyclables. No plea of misunderstanding will be considered on account of ignorance thereof. The Contractor shall be in compliance with all applicable Federal, State and/or Local laws regarding employment practices. Such laws will include, but shall not be limited to workers' compensation, the Fair LaborStandards Act (FSLA), the Americans With Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA regulations applicable to the work: If the proposers or Contractor discover any provisions in the specifications or Contract Documents which are contrary to or mconsistent with any law, ordinance or regulation, they shall immediately report it in writing to the City Engineer. 1. Taxes: The Contractor shall pay all Federal, State ,md Local taxes and fees which may be chargeable against the performance of the work. No additional compensation will be made to the Contractor for taxes or fees except in the following situation: the Contractor may pass through to the City those new taxes and fees levied by the City specifically on garbage haulers after receipt of the bids. SC-2 I I I I I 1 I I I I 1 I I I I I I 1 I 3. The Contractor shall provide a "red tag" flyer as notification when residential waste is our of ordinance. This tag shall be placed on the waste. The "red tag" should also have the following: Contractor's Name Reason for non-service Date Telephone number of Contractor and County Inspectors SC-lO. HUMAN RESOURCE PROVISION: Personnel Administration: 1. Character and Conduct of Employees: a. The Contractor's employees who normally and regularly come into direct contact with the public shall bear a means of individual identification to include a uniform with a name badge, name tag or identification card. Shirts and Jackets will be safety orange in color with dark blue pants as approved by the Engineer. b. The Contractor shall assure that employees serve the public in a courteous, helpful and impartial manner. All employees of the Contraetor in both field and office shall refrain from belligerent behavior and/or profanity, to the extent that such behavior negatively impacts the provision of service to customers and others with whom the Contractor and its employees come into contact, during the performance of the Contract. Correction of any such behavior and language shall be the responsibility ofthe Contractor. c. In the event a report is received alleging an employee(s) ofthe Contractor was wanton, discourteous, belligerent, profane or in any way intimidating, either physically or verbally, the Contractor shall submit a written report to the Engineer outlining the complete details of the incident. Said report shall include the nature of the incident, time, date and location and name, address and telephone number of the person alleging the violation. The report shall also include the name and title of the employee and what disciplinary action, if any, was taken. If an employee of the Contractor is the subject of repeated or egregious allegations of the type deseribed above, the City may request that the employee be barred from further work for the Contractor in connection with this Contract. Upon the City's request, the Contractor shall, immediately, comply with the City's request for the duration of the Contract Time. d. Personnel shall make collection with as little noise and as little disturbance to the customer as possible. e. No employee shall disturb or otherwise interfere with property that is impertinent to the proper execution of his duties. SC-3 I I 1 1 I I I 1 1 I I I I I I I I I I f. Care shall be taken to prevent damage to property including shrubs, flowers and other plants. g. Additional Contractor Liability: The Contractor shall be held responsible for any damage to customers property, real or personal, which occurs by the Contractor or the Contractor's agent in the performance of this Contract. If the City, upon on independent investigation, finds that the Contractor has failed to completely reimburse the customer for damaged property, the City may pay the customer any monetary amount it deems necessary to make the customer whole and deduct the same from the Contractor's monthly payment. 2. Nondiscrimination: a. The Contractor agrees that it has adopted and will maintain and enforce a policy of nondiscrimination on the basis of race, color, religion, sex, age, national origin or disability. b. The Contractor agrees that on written request, it will permit access during normal business hours to its records of employment, employment advertisements, application forms and other pertinent data and records to the City, for the purpose of investigation to ascertain compliance with the nondiscrimination provisions of this Contract. c. The Contractor agrees that it will inform the City in writirig of any alleged violation(s) of employment practices, which its employees file with the Equal Employment Opportunity Commission, Labor Department or any other Federal or State compliance agency. Also the Contractor will inform the Cily ofthe final disposition of such cases. 3. Drug-Free Workplace: The Contractor will take the necessary steps to assure that he maintains a drug-free workplace. These steps shall include but shall not necessarily be limited to the following: compliance with the Federal Drug-Free Workplace Act, Substance Abuse and Mental Health Services Administration (SAMHSA) standards and regulations, Federal Department of Transportation laws and State law regarding drug testing. SC-ll. SCHEDULES, ROUTES AND PUBLIC INFORMATION: The Contractor shall submit a Business Plan (to include sub-contractors) within thirty (30) working days prior to implementation of selvice. Business Plan will include: (1) Detailed Route Maps - show the areas to be collected, the starting point for collection and the exact director of travel and order of travel of streets to be collected. The Engineer prior to the initiation of any service deliver shall approve these routes. (2) Route Summaries - detailed information on block numbers and name of streets for each route. ' SC-4 I I I I I I I I I I 1 I I I 1 I I I I (3) Sub-Contractor List - names of subcontractors, phone numbers and addresses (4) Telephone Communication - identify number of local phone lines coming into main office, and local telephone numbers to contact Contractor and/or sub-contractors. Should also include names and phone numbers of route supervisors. (5) Service Unit List - an alphabetized listing of all addresses in service area where containers have been/are to be delivered. (6) Handicapped List - a detailed list of handicap residents (7) Recycling Program - How recycling program will be implemented? Where will recyclables be delivered? (8) Quality Control Assurance - How do you plan'to deliver quality customer service? How will customer complaints and concerns be handled? Turnaround time. (9) Emergency Plan - a well thought out plan on how to respond to unforeseen occurrences. (10) Schedule Payment - refer to contract provisions for details (11) Vehicle List - detailed listing of vehicles, type, and model, assigned vehicle number, tag number, and landfill permit number. (12) Customer NotificationlInformation Plan - identify how information on the service will be disseminated to customers. Notification to customers will be issued by the contractor a minimum ten (10) working days prior to implementation of service. Notification shall include pickup schedule ,md general information on the contract. Notification to customers is the Contractor's sole responsibility. Any subsequent changes of routing schedule must be approved by the Engineer prior to implementation. AU such changed routes must be documented in the same detail as the original maps supplied by the Contractor. SC-12. SERVICE FREQUENCY: The Contractor shall provide regularly scheduled service for all collections from the curb (or other Designated Collection Area) to each unit within Contract Area. Frequency of collection will be determined by City as per contract specifications. SC-13. DAYS OF COLLECTION: Scheduled days of collection are limited to Monday thru Friday, except for special downtown business district, which incorporates Saturday pickup on refuse only. No regularly scheduled collection shall be allowed on Sunday without the prior approval of the Director of Public Works. SC-5 I I I 1 I I I I 1 I I I I I I I I I I HOLIDAYS: Collection by the Contractor will be suspended on the observed day of City Holidays as shown below: New Year's Day Independence Day Thanksgiving Day Christmas Day The Contractor shall submit to the City within thirty (30) days prior to the starting date, a schedule of alternate days of collection for customers whose normal collection day falls on a holiday. The schedule will be approved by the City and the Contractor will notify customers along wit~ regular schedule. SC-14. OFFICE: The Contractor shall maintain an office or such other facilities through which it can be contacted. It shall be equipped with sufficient local telephones and shall have a responsible person in charge from 8:00 am to 5:00 pm on regular collection days. The Contractor shall also provide a local telephone number where the Contractor may be contacted at all other times. SC-15. COMPLAINTS: All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the Contractor shall investigate and if such allegations are verified, shall arrange for the collection of the refuse not collected within 24 hours after the complaint is received, unless otherwise instructed by the Engineer. SC-16. CARE AND DILIGENCE: The Contractor shall exercise all reasonable care and diligence in collecting solid waste, recyc1ables, yard waste and bulky waste. Every effort must be make to prevent spilling, scattering or dropping solid waste during the collection process. However, in the event that solid waste is spilled, scattered or dropped, the collector shall immediately clean up the material. Containers must be replaced in an upright position with lids closed. If the container falls over, the collector must immediately reset the container. The Contractor acknowledges that solid waste collection easements are frequently co- located with other utility easements, Therefore, particular attention must be given to the location of water meters, mailboxes, transformers, wires, utility poles and irrigation structures. Authorization to use the easement does not abrogate the Contractor's responsibility to exercise caution in relationship to the property of other authorized users or owners. SC-6 I I I I I, I I 1 I I I 1 I I I I I I 1 The Contractor shall be solely responsible for all damages to containers and property resulting from the Contractor's actions or omissions. SC-17. COLLECTION VEHICLES: The Contractor shall provide and maintain during the entire period of this Contract a fleet of solid waste collection vehicles sufficient in number and capacity to perform the work and render the service required by this contract. The vehicles must contain the solid waste, yard waste, bulky waste and recyclables so that no material is spilled, leaked or blown' from the vehicle during its transit to the appropriate disposal site as specified by the City. The fleet must be sufficient to handle the special requirements of adverse weather at:ld holiday overloads. The Contractor's vehicles and other equipment must be clearly identified as determined by the Engineer. This identification shall be affixed to each vehicle and piece of equipment. All vehicles and equipment used in the provision of collection and removal service shall be in good repair, clean, well-maintained and free of excessive noise, odor or emissions. The Contractor shall maintain collection equipment in good repair at all times. All parts and systems of the collection equipment shall be operated and maintained properly. Contractor shall take reasonable care to prevent damage to rollout containers during collection. The Contractor shall provide an adequate number of vehicles for regular collection services with sufficient backup collection vehicles in case of mechanical breakdown, to complete contract requirements. All vehicles and other equipment shall be kept in good repair, appearance and in a sanitary condition at all tinles. Each vehicle shall have clearly visible on each side, the vehicle number along with the identity and telephone number of the Contractor. The Contractor shall supply the City with a list of all equipment, including equipment identification numbers, that shall be used in fulfilling this Contract and shall notify the City of additions or deletions as they occur. It is the City's intent to control the use of the Designated Disposal Facilities by ensuring that no materials from outside the Contract Area are delivered to those Facilities. It is expressly forbidden for the Contractor to deliver any materials, even partial loads, not collected in performance of this Contract, to Designated Disposal Facilities and present them as materials collected as part of this Contract. Verification ofsuch may result in payment of damages to the City in the amount of $300 per violation, or the tipping fee plus 25%, which ever is greater. The City therefore reserves the right to require the affixation of specific identification on Contractor vehicles and other vehicles used to perform services in this Contract. In addition, the City reserves the right to monitor the performance ofthe Contractor's duties, including the routes and collections made, customer reports, trips to Designated Disposal Facilities and other destinations, the content of individual loads or portions of loads disposed of at Designated Disposal Facilities and the Contractor's records at any time, in order to ensure the Contractor's compliance with this Contract. Accordingly, each vehicle used by or on behalf of the Contractor in the Contract Area SC-7 I I I I I I I I I I I I I 1 I I I I I shall collect materials only from Units in the Contract Area while in the performance of its duties under this Contract. SC-18. TIME OF COLLECTION: The Contractor shall not start materials collection prior to 7:00 a.m. nor continue collections after 7:00 p.m. In an emergency, the COlitractor may request authorization from the City Engineer to work beyond 7:00 p.m. No collection may occur during the hours of darkness without written permission ofthe Owner/Engineer. Contractor must furnish collection service in the 500 thru 1200 block of Broad Street prior to 9 a.m. (0900 hours) each service day. SC-19. DISPOSAL: Prior to the commencement of services hereundE:r, the City shall provide and designate to the Contractor, a solid was~e disposal facility or landfill for the disposal ofthe refuse collected and removed by the Contractor during the term of this Contract. The Contractor shall be required to dispose of all such refuse coUected at the designated solid waste disposal facility or landfill site. The City reserves the right to change or alter the disposal facility or landfill from time to time. Should the City change any Designated Disposal Facility to one in an area of greater distance than that previously designated and provided such new Designated Disposal Facility results in documented increased costs to the Contractor, the Contractor may request additional compensation from the City for its increased costs. Additional costs will be listed in the bid schedule. No additional cost will be considered for change of disposal location other than those listed in the bid schedule. SC-20. HAULING: All refuse hauled by the Contractor shall be so contained, tied or enclosed that leaking, spilling or blowing are prevented. The Contractor shall be fully and solely responsible for any consequential cleanup. SC-21. RESPONSIBILITY FOR MATERIALS COLLECTED: Upon placement of materials collected in perfornlance of this Contract into the Contractor's vehicle, transport ofthose materials to the Designated Disposal Facility become the sole and complete responsibility ofthe Contractor. The foregoing, however, shall not be construed to prejudice any rights the. City may have to control the disposal of such refuse, including the designation of a disposal facility or the manner or types of refuse disposal. The foregoing, also, shall not be construed to prejudice any rights Contractor may have against any container customer who places in a container, refuse other than non-hazardous solid waste which is permitted to be collected in Contractor's vehicles and disposed of in a non-hazardous solid waste sanitary landfill. SC-B I 1 1 I I ,I I I I 1 1 I I I, I I I 1 I SC-22. WORK: It is the Contractor's responsibility to supervise the work in progress and to provide direction to employees in the field. The City does, however, intend to monitor the , Contractor's performance, through data tracking and analysis and through on-site monitoring and inspection. If the monitor records deficiencies which must be corrected, the Contractor shall noti fy the, City when these deficiencies have been corrected. The monitor will recheck the work to determine that it has been completed satisfactorily. SC-23: DESIGNATED DISPOSAL FACILITIES: SC-9 a. All refuse except recyc1ables collected as part ofthis Contract shall be delivered to: Augusta!Richmond County Landfill 4330 Deans Bridge Road Blythe, GA 30805 (706) 592-9634 CONTRACTOR WILL NOT BE RESPONSIBLE FOR DISPOSAL FEES. b. All yard waste collected as part ofthis Contract shall be delivered to: Augusta!Richmond County Landfill (Inert Cell) 4330 Deans Bridge Road Blythe, GA 30805 (706) 592-9634 CONTRACTOR WILL NOT BE RESPONSIBLE FOR DISPOSAL FEES. c. All bulky waste, except tires, collected as patt of this Contract shall be delivered as follows: 1. Furniture and related items: Augusta!Richmond County Landfill 4330 Deans Bridge Road Blythe, GA 30805 CONTRACTOR WILL NOT BE RESPONSIBLE FOR DISPOSAL FEES. CONTRACTOR WILL SEPARATE MATERIALS AT PROPER DISPOSAL AREAS. 2. Stoves, refrigerators, water tanks, washing machines and related items commonly known as white goods:, I 1 I 1 I 1 I I 1 I 1 I I I I I 1 1 1 CONTRACTOR WILL NOT BE RESPONSlBLE FOR DISPOSAL FEE AND/OR SALVAGE VALUE. NO ADDITIONAL COST WILL BE CHARGED TO CITY OTHER THAN THAT LISTED IN BID SCHEDULE. CONTRACTOR WILL SEGREGATE THIS MATERIAL AT THE LANDFILL AT PROPER SALVAGE AREAS AS DETERMINED BY THE ENGINEER. THE CONTRACTOR IS RESPONSIBLE FOR ENSURING FREON IS REMOVED FROM REFRIGERATED APPLIANCES BY A CERTIFIED TECHNICIAN. 3. Tires and related items: CONTRACTOR WILL BE RESPONSIBLE FOR DISPOSAL FEE AND/OR SALVAGE VALUE. NO ADDITIONAL COST WILL BE CHARGED TO CITY OTHER THAN THAT LISTED IN BID SCHEDULE. TIRES WILL BE REMOVED FROM RIMS PRIOR TO DISPOSAL AT NO COST TO THE CITY. The Contractor shall observe the hours of operation of this facility. 4. Recyclables: CONTRACTOR WILL BE RESPONSIBLE FOR SALE/SALVAGE OR DISPOSAL OF RECYCLED ITEMS TO A QUALIFIED VENDOR AS APPROVED BY THE ENGINEER. NO ADDITONAL COST WILL BE CHARGED TO THE CITY OTHER THAN SAID PRICE LISTED IN THE CONTRACT. SC-24. EMERGENCY PLAN: No later than thirty (30) working days prior to initi.ation of service, the Contractor shall submit an emergency plan to the City Engineer which shall detail those actions which the Contractor will take to deal with emergency situations such as extreme cold temperatures, snow/ice, fire or natural disaster which would require a deviation from normal operating procedures. The Emergency Plan shall also include emergency phone numbers for the key headquarters and for key contact persons such that a responsible contact person is available to the City at all times. SC-25. REPORTING REQUIREMENTS: The Contractor shall be responsible for maintaining and submitting reports on a weekly, monthly, quarterly and semi-annual basis. The Contractor shall maintain and provide to the City throughout the entire term of the agreement a report containing a complete file of service recipients coded by category. The Contractor may also provide all reports on computer di* in a compatible database format approved by the City. SC-IO I 1 1 I 1 1 I I I I 1 I I I I I 1 1 I SC-ll Weekly Reports Weekly reports shall be transmitted to the City no later than the Monday by 8 :30 a.m. morning following the reporting period. For the purposes of the weekly report, a weekly reporting period shall be defined as Monday, Tuesday, Wednesday, Thursday, Friday and Saturday. Each week's report shall consist of the following information: 1) Cover Letter 2) Tonnage Report 3) Calls and Complaints 4) Non-Compliance Waste Report 5) Daily Staffing Summary 6) Daily Route Sheet 7) AdditionslRevisions to Service Unit List Monthly Reports Monthly reports shall include all of the information described in this Section and shall be submitted with a cover letter that abstracts the report and highlights major accomplishments, problems, trends and other pertinent information during the preceding month, and shall add information on tonnage and number of units participating for recycling. Each monthly report shall consist of the following information: : 1) Cover Sheet 2) Phone Call Summary 3) Calls and Complaints 4) Tonnage Reports 5) Recycling Report 6) Non-Compliance Waste Report 7) Daily Staffmg Summary 8) Route Summary Semi-Annual Reports The Contractor shall provide data on customer participation rates of refuse, yard waste, recyclables, and bulky waste services for the Contract Area. All reports shall be submitted on a semi-annual basis in accordance with the City's fiscal year (Jan. 1 to Dec. 31). For purposes of reports, the first reporting period shall be defined as January, February, March, April, May and June. The second reporting period shall be defined as July, August, September, October, November and December. The Contractor shall submit reports within thirty (30) calendar days after the end of each reporting period. Annual Reports No later than thirty (30) calendar days after the end of the second reporting period, the Contractor shall submit to the City an annual report covering the immediate preceding Contract year and include the following information: I I I I I I I I I I I I I I I I I 1 I - A collated summary of the information contained in the weekly, monthly and quarterly reports, including reconciliation of any and/or adjustments from prior reports. - A discussion of highlights and other noteworthy experiences along with measures to resolve problems, increase efficiency and increase participation. - A description of all public information progranls undertaken with audiences reached and methods of public information programs. The obligation to submit an annual report shall survive the termination or expiration of this agreement. The Contractor shall submit an annual report for the final Contract year of this agreement no later than thirty (30) calendar days after the end of each year of the agreement. The City may withhold payment of balances due the Contractor at the end of the Contract until such 'final report is received and accepted by the City. Format information for each report is located at the end ofthe Special Conditions Section. Original reports shall be submitted in approved format to: Office of the Director of Public Works and Engineering 701 Municipal Bldg. 530 Greene Street Augusta, GA 30911 One (1) copy of each report should also be submitted to: Code Enforcement 4330 Deans Bridge Road Blythe, GA 30805 SC-26.. COLLECTION REQUIREMENTS: 1. It is the purpose of the specifications to provide a framework for accomplishing the result in maintaining a sanitary environment for the residents of the City. This section addresses the collection of refuse from the Colle:ction Area of the City as described in these specifications. The intent ofthe work is to collect all refuse placed out for collection within the Contract Area. a. Time of Collection: , The Contractor shall collect all refuse placed on streets or easements in rollout containers provided by the Contractor. Contractor collection days will be determined from the bid schedule base bid or alternate,bid. b. Containers: The Contractor will provide initial rollout containers, and recyclable bins, any replacement containers and bins, and additional containers and bins to customers to SC-12 I I 1 I I 1 I I I I 1 I I I I I I I I SC-13 ,,- be served. The number of containers and bins distributed shall be solely the decision of the Contractor; however, the Contractor is required to provide a minimum of one rollout container and recycling bin per unit. Minimum rollout size will be 90 - 95 gallons. A container with a minimum capacity of 60 gallons may be substituted to meet special needs. Specifications for rollout containers and recycling bins will be submitted for approval. Repairs to containers and bins shall be performed by the Contractor. This includes replacements of wheels, lids, hinges, axles and handles. c. Places of Collection: Normal Collections - Normal collection points for residential solid waste shall be curbside (adjacent to roadway) accessible to mechanized solid waste collection equipment. Customers shall be notified by the Contractor, using materials pre- approved by the City, that: (1) rollout conta.iners should be placed within two feet of curb with handles facing away from the street. (2) The container should be at least three feet from trees, mailboxes, cars, other rollout containers, yard waste, recyclables and other obstructions. (3) The collection vehicle should have clear access to the container. (4) All refuse shall be placed within the rollout container. Normal collection points will also include Designated Collection Areas in Multi- Family Housing Units and Designated Non-Residential Units. Rollout containers shall be carefully handled by the personnel and shall be thoroughly emptied and left at the premise where they are found, standing upright and with covers placed back on the rollout container. This work shall be done in a sanitary manner and any waste spilled by the Collector shall be immediately picked up by the Collector. 2. Yard Waste Collection: The Contractor shall provide curbside collection of yard waste which is composed of grass clippings, leaves, tree and shrubbery trimmings including branches, tree limbs, bushes, shrubbery cuttings and clippings of trees, shrubs or bushes. a. Time of Collection: The Contractor shall collect all yard waste placed on streets or easements on days as determined from the bid schedule base bid or alternate bid. b. Place of Collection: Normal collection points for residential yard waste shall be at curbside (adjacent to roadway). c. Materials to be Collected: The Contractor shall collect all Christnlas trees placed for collection. I I I I I I I I I I I I I 1 I I I I I SC-14 The Contractor shall collect all yard waste such as tree limbs not larger than four (4) inches in diameter nor longer than five (5) teet and stacked in piles not to exceed five (5) feet in height. Tree trunks larger than four (4) inches in diameter will not be collected. The maximum amount of yard waste in a pile shall not exceed five (5) feet in height by five (5) feet in width by ten (10) feet in length. The Contractor shall have the authority to decline to collect any tree or tree limbs where service has been performed for a fee by person(s) other than the property owner. The Contractor shall collect all yard waste placed in plastic bags. Such bags, if closed, shall be clear or transparent; customers may use opaque bags as long as they are left open. In no case may bags weight more than fifty (50) pounds. No more than thirty (30) bags will be collected each collection day at each dwelling unit. In addition, the Contractor shall collect yard waste which is placed in twenty (20) or thirty-two (32) gallon refuse containers without affixing a lid. All leaves, straw, and grass clippings; yard waste, shall be bagged at curbside. Contractor shall properly dispose of plastic bags to avoid contamination of the yard waste stream. The Contractor shall take yard waste collected to the Designated Disposal Facility as specified. In the event of yard waste set out at a unit in the Contract Area that does not meet the specifications above, the Contractor shall a clearly explanatory printed or hand written notice for the customer and notify the City within two hours. Non- compliance tags will be red in color. Following notification by the Contractor, the City will investigate the matter and advise the Contractor of its decision and of any action that is required by the Contractor. Ifthe City finds that the material set out did meet the specifications, the Contractor will be notified by the City and must return and pick up the yard waste within twenty-four (24) working hours of notification. If the City finds that the material set out did not meet specifications" the Contractor will not be required to return to the unit until the next regularly scheduled pick-up. If, at the next regularly scheduled pick-up, the material set out meets specifications, the Contractor shall pick up the material. 3. Bulky Waste Collection: Bulk waste (furniture, appliances, etc.) shall not exceed 200 lb~ per pick up per household. Refrigerator doors shall be removed by customers prior to pick up. Contractors are responsible for insuring all freon is removed from refrigerated appliances by a certified technician. I I I I I I I I I I I I I I I I I I I Contractor will be responsible for picking up evictions in the "contract areas." The Marshal's Department will specify evictions with a yellow type tape with date of eviction. The evictee will have 72 hours to remove bulk waste. Ifwaste is still on right-of-way at time of next bulky waste pick up, Contractor is to haul it away. The Contractor shall provide curbside collection of furniture, appliances, tires, and other items as identified in Contract Documi;:nts. a. Time and Place of Collection: The Contractor shall provide collection of bulky items one (1) day per week for all routes. The City shall be given a date on whic~ collection will occur. Collection point will be at curb~ide. b. Disposal: Bulky waste shall be delivered to Designated Disposal Facilities as specified in this document. ' SC-27. COLLECTION IMPEDIMENTS: A number of collection impediments may require special efforts to accomplish this level of service. 1. On Street Parking: Certain neighborhood streets permit "on street parking" which may present impediments to curbside collection services, especially automated services. The Contractor shall perform collection services even if the curb is blocked. No additional fees shall be payable to the Contractor for services provided under these conditions. 2. Infrastructure Renovation/Streets Blocked by Construction: Periodically major renovation is necessary to maintain the infrastructure of the City. This includes such activities as replacing gas, water and sewer lines, surfacing or resurfacing streets and replacing wiring for telephone, electricity or cable television. Alternate collection service must be provided during this period of disruption. The Contractor should evaluate each circumstance individually to determine the appropriate alternative. The City shall be notified in writing ofthe nature ofthe disruption, its location and the alternative employed to provide service. No additional fees shall be payable to the Contractor for services provided under these conditions. se-15 I I I I I I I I I I I I I I I 1 I I I SC-28. CUSTOMER COMPLAINTS AND NON-PERFORMANCE: SC-16 1. Complaint Receipt and Handling: All customer complaints shall be directed to the Contractor for handling. The Contractor shall notify City in writing of each complaint reported to the City in the Contract Area. It shall be the duty of the Contractor to take whatever steps may be necessary to remedy the cause of the complaint and notify the City of its disposition within one working day (eight work hours) a.fter receipt of the complaint by the Contractor. 2. Damage Claims Resolution: The Contractor shall provide the City with a full written explanation of the disposition of any complaint involving a customer's claim of damage to private property as a result of actions of the Contractor's employees, agents or subcontractors. 3. Public Information Regarding Complaint Procedures: The Contractor shall notify all customers about complaint procedures, rules and regulations on a semi-annual basis and whenever there is a change of service, day(s) of collection, procedures, etc. Notice is to be in the form of printed matter distributed by the Contractor to all units served by the Contractor. All notices must be pre- approved bv the City prior to use. 4. Failure to Remedy Complaints: Failure to remedy the cause of the complaint as provided for in the paragraphs above shall be considered a breach of contract. The: City will have the right to send a monitor out to check on the resolution of any complaints. If a monitor records deficiencies, they will notify the Contractor of such deficiencies. The Contractor shall notify the City when these deficiencies have been corrected. The monitor will recheck the work to determine that it has been compkted satisfactorily. If the monitor finds that the deficiencies previously noted were not corrected, a charge of current monitor time at actual cost for the monitor's time and associated other costs will be deducted from the payment to the Contractor for each inspection until all noted deficiencies have been corrected. The foregoing does not preclude any other remedies associated with failure to collect or other contractual requirement. I I I I I I I I I, I I I I I 1 I I 1 I, " ,~; ::::r;'; ,E \ ''N, , ': ~l::,~ i crr. ~ z*~ ~ I I I I I , I I *z trJ \/.J '"0 a I ~ o :J, ~ ~ Qo ~ ~ ~: ,~, ~I' ,,:~ ;.c: ,', ~:J : ,;:0: " :cn'R ; 1\;.): ':, '::~::" *z tn rf.l " " , " :, ) ~' '1J a ~ ~ ~ g' ~ c.n m :~, ;;~: ,~, ,;;~" :':]) ;', :,;::;.: , en" ,~ :~f ~~;t ~~;;I I ,I I I I I III I.. III III III I I ,I I I I fl I I I 'I I I I I I I I I I il SNOIl V:)I.t[D:ildS aNY S.l.N:iI~~:)OO .l:)VlI.lNO~ _ j. L HO~ "3:l.SV M. ffiIV A '3:l.SV M. aI'lOS JlO N()Il.J3:'I'lOJ 1I1.SV M. A)I'lilH aNY DNrIJA:)3:H II NOI~:JtlS j "< ""'~:J ,,', ",' )J:""~ /ro-::c-td IU' ' 'L_ '1 r lW ~Ii 'T'" -'- ' ~~J'\,\ __,_ ~__ '--..,' (H)800-000, :'ON 3;)N31I3~31I " , AH 031IV d3Hd .LN31\lLHV d3:U DNllI3:3:NIDN3 UNV S)ffi()A\ :JI'I9Jld lIO~ IOOZ .LSll~ilV I 160f VI~JH03D 'V.LSll~J(}V '.L3TILLS lI1\[3:nID OfS DNI<I'IIllH 'IV dI:JINllW 'IOL WO(lH '1I~NilO~ NOISSIWW():) A~NJIO:) ([NOWHJIlI-VI5~ilDilV ~ ,. .. -----.. , "'-_.~..,.~-- --- " '. '. SECTION PB PERFORMANCE BOND BOND NUMBER 1750~05-074166 (NOTE: TIllS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE PB-3, IN FAVOR OF THE OWNER CONDmONED" FOR THE PAYMENT OF LABOR AND MATERIAL.) KNOW' ALL lVIEN BY THESE PRESENTS: That Inland ServiceCorporatjon. 41~ sw 11rh Sr~~~~ ~ . . , Lawton, OK 73501 Principal, hereinafter called Contractor, and Employers Insurance of Wau~.:>lll a A Mutual Company corporation organized and existing under the laws of the Sta.te of Wisconsin , with its principal office in the City of Wausau , State of Wisconsin , as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission-Council, "Georgia, as Obligee, hereinafter called the Owner, in the penal amount of Pi ve hundred thirty th+:..e~ hU};l.dred fifty apd ]10/100 , . thousand LJOLlars ~.) S 1 () 1 ~ () ) tor the payment whereof Contractor and Surety bma . themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. " I WHEREAS, Contractor has by said written agreement dated May 17, 2001 entered into a contract with Owner for the COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING AND BULKY WASTE AT AUGUST^ GEORGIA, in accordance with the drawings and specifications issued by Augusta-Richmond County Department Public Works, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. -'\..44 NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Owner. The Surety hereby waives notice of any alteration or extension of time made by the A-4 ," Whenever Contractor shall be,' and declared by Owner to be in default under the CONTRACT, the Owner having peIformed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest ,responsible, bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the c:ost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The tenn "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTR...A.CT falls due. ATTEST: Inland Service Corporation Principal By /L,,' ~ A-J. A ( ~ r-J (s) , (t-,,-s +. L~~cO~EAL) . " No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or Successors of the O\Vl1er. ' ill WITNESS WHEREOF, this instrument is executed in -L (number) of counterparts, 'each of which shall be deemed an original this 16 day of May ,200] - -1JIiJ ~ L (Principal) Secretary .;: '-'-< ----- , .........- "":-- -~ ;]' - .-,~ ....,..:..... -:",J'" v._ PB-2 .t::; '1 ) . . ~ ! \ Surety ATTEST: Br=~~ .......-, ~~S~:~:(~~~~~ - :......: - - .. .--- - ___r-:' -...~... -~.--~ ~~.-- ,: ~ ~ -:7..::':2- ~ } ;: \' /.-'\"':::~:';"7'-~<:,\.', <-(SUrety) Secretary '<4 "/:C":_'_ . , --.-": ' ....l'AI' ~ S;-.:.:............~~ ~. 5100 N Brookline Suite 10~'5""'lSeil) , Address Oklahoma Ci ty, OK 7311 2 'i~' ~~ Wi s as to Surety s-w J. 'RllY 1PAAA..R' ' & It')~' ~(fot Address 10112- - Note: Date of Bond must be prior to date of Contract D: Contractor is Partnership, all partners should execute Bond. '" . :i ~ ~ ~ ..;. ~ I I , i ... .. PB-3 r: I -, i i J (NOTE: SECTION PH LABOR AND MATKRIALPAYMENT BOND BOND NUMBER 1750-05-074166 TIllS BOND IS ISSUED SThfULTANEOUSL Y WITH PERFORMANCE BOND ON PAGE PB-I, IN FAVOR OF THE oWl'ffiR CONDmONED FOR THE PERFORMANCE OF THE CONTRACT.) , KNOW ALL MEN BY THESE PRESENTS: That Inland Service , as Principal, hereinafter called Contractor, and_ Corporation, 415 SW 11th Street, Lawton, OK 73501 Employers Insurance, a corporation organized and existing under the laws of the State of _ of Wausau, A Mutual Company Wisconsin with its principal office in the City of Wausau ,_State of Wisconsin , as Surety, hereinafter called Surety, are held and finnly bound unto Augusta-Richmond County Commission-Council Georgia, as Obligee, hereinafter called the Owner, for the use and benefit of claimants as hereinbelow defined in the amount of Five hundred thirty .thousand three hundred fifty & no/1 OO-------------------------Dollars (S 530,350 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fumly by these presents. WHEREAS, Contractor has by written agreement dated May 17,2001 entered into a contract with Owner for the COLLECTION OF ,SOLID WASTE, YARD WASTE RECYCLING, AND BULKY WASTE in accordance with drawings and specifications issued by AU!mSta-Richmond County Engineering Department. which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRA.CT. NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly make payment to, all claimants as hereinafter defined, for all labor and material used or reasonably required to use in the performance of the CONTRA.CT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A claimant is defined 'as one having a direct contract with the Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably required for 'use in the performance of the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the CONTRACT. ~ PB-4 :'~:. ;;.....~ o:_:;~. . _' _____0.'__ .'-';\'::::':---"~:'.:.:....~":-..::...--~._. ~: ." -- ' . '" -...~_."--~...--." .. (2) The above named, Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined. who has not been paid in full before the expiration of a period of ninety (90) days after the date on which thee last of such claimant's work or labor was done or performed. ormaterials were furnished by such claimant, may sue on this bond for the use of s~ch claimant, prosecute the suit to final judgement' for such sum or sums as may bejustly due claimant, and have execution then:on. The Owner shall not be liable for the payment of any costs or expenses of any such suit (3) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Contractor ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation pe'rmitted by such law. (c) Other than in a state court of compe,tent jurisdiction in and for the county or other political subdivision of the state in which the project, or any pan thereof, is situated, or in the United States District Court for the district in which the project, or any pan thereof, is situated, and not elsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed, this 1 n day of Ma y A.D. lOO.0x 200 1 . PB-S .. ..__..-...:~..;.:.--~.=-~~"'" . ',.- ---. .~- -.--........- '" ...:..~,~~...:......-._- ---- . .... .- iJJtL wJ ' :=..,~ 'l ..___..: ."~ ,.. :. :(S~l:: -: (Contr2f:tcr): . '. OJ w_ .. " ~-#'> ,.~.: By ~ -ec,k.. t..-. '" hCSea1) , " .J:ritl~) --0-~"'" ~',-;-r}/r ..~' ..:;.~ _~_.-"'. - '. 'r ~ ~ 0--~~r~ ::\~''; :(~.,- ~.... s~ ""~::<:: ". , u,tn'e.v..; _ '. ,- "~~:, ~ ~ ~.:~ 0<" i.; i ,-~ <-'... .....7 ..~,-. ...I"-"~~:~ '".~... ~.'''''.''''._--'''---~4~':~ By , ':--tSeal) S""~ ,,' (Title) Attest Wimess 1J~' ?iuS'()~~ Attest Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all parmers should execute Bond. PB-6 ~ z 0 w a: z a: <( w a.. a.. <( I- 0 Z e/) w 0 0 I- Z w ~ w I- <( C) l- e/) Z e/) - I Z l- e: u. <( >- w 3: z a: 0 l- I- <( u. 0 a: w ~ 0 a.. 0 ::i <( > Z Z <( e/) e/) I I- ... % o on N o u on No. 21 6-1 71 EMPIOVERS INSURANCE OF'WAlJS~J A Mutual Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF W AUSAU A Mutual Company, a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint JANET A. NEAL its true and lawful attorney,in,fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal. acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN OHLIGATIONS IN THF: NATURE THEREOF NOT TO EXCEED THE PENAL SUM OF FIVE MILLION DOLLARS ($5,000,000~ and to hind the corporation therehy as fully and to the same extent as if sllch bonds were signed by the President, sealed with thl' corp(;rate seal of the corporation and duly attested hy its secret.ary hereby ratifying and confirming all that the said attorney,in,fact may do in the premises, This power of attorney is granted pursuant to the following resolution adopted by the Board of ()irectors of said Company at a mpeting dul,v called and held on the 1 Rth day of May, 197:l, which rpsll)ution is still in effect: "RESOLVED, that the President and any Vice President - elective or appointive - of EMPLOYERS INSURANCE OF W A USAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCF: OF W AUSAU A Mutual Company bonds, undertakings and all contracts of suretyship; and that any secretary or assistant secretary be. and that each or an,v of them hereby is, authorized to attest the execution of any such power of attorney, and to attach thl'rl'to thp spal of EMPLOYERS INSURANCE OF W AUSAU A Mutual Company," "FU RTH ER RESOI.V F:D, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF W AUSA U A Mutual Company may he affixed to any such power of attllrney or to any certificate relating thereto by facsimile, and an~' such p"wer of attorney or certificatl' bearing such facsimi)p sil-(natures and facsimile seal shall be valid and binding upon thl' EMI'LOYEHS INSl1HANCE OF W AUSAU A Mutual Company when so affixed and in the future with respect to any bond. undl'rtakinl-( llr contract of suretyship til which it is attached," IN WITNESS WHEHEOF, EMPLOYEHS INSl1HANCE OF WAl1SAlI A Mutual Company has caused these presents to be signed by the vice president and atlested by its assistant secretary. and its corporate: seal to be hereto affixed this 1 ST day of NOVEMBER , 1999. (~~) :~PLOYERS INSURAN~ A~':";C~ A,,,,,, A 7 Ab 11_, C. M'lioy R, J, Slsteman/' Assistant Secretary Vice President STATE OF WISCONSIN ) ) ss, COUNTY OF MARATHON ) On this 1ST day of NOVEMBER . 1999 , before me personally came Timothy C, Mulloy .to me known, who being by me duly sworn, did depose and say thai he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal aflixed to said instrument is such corporate seal and thai it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. 1:\ WIT:'IiESS WHEREOF, I have hereunto sel my hand and affixed my official seal the day and year herein first above written, Notary Public CERTIl<'ICATE STATE OF WISCONSIN CITY OF WAllSAU ) ss, COUNTY OF MAHATHON ) r. thl' undl'rsilf.m.d: as'~,i7i~n{::,secretary of EMPLOYERS INSUHANCE OF WAUSAU A Mutual Company, a Wisconsin ('orporatlOn~-d" _herl',hy.J(i!:t;.tlf,\;, that thl' foregOing and attachpd pOWI'r of attornev, WHICH MUST CONTAIN A V ALJI)~:rJ~G.~%,T-A.:rj~M~~NT',PRINTED IN THE MARGIN THER EOF IN REI) INK, remains in full force and has not bel'n~:\'pk"(,h.ar:d flJljl,l}l'r~m..,rl' that the rl'solutlOn ofthl' Hoard of I hrpl'Iors set forth In the power of attorney' is still in force, . _ .. -~.... _~...;'V-~~ <0,. .. ~ Signed and sp';de,9J.n,!h,e City:of:Wausau, Marathon Countv, State of Wisconsin, this 16th of ~lciF' -.''''''.-'.... J- ~ ~, 2001 ' ,-;'_,\;;:'o,,:.;;,:~, -:, .: ~ , ~/t;<;'l?~'O.4'{'~ . ~.."_~ 0' f". '..,~- l~ .,.- _,' ~~ ~~...S,EA" ""'" - . , ~2?~, ~~: :..../ day R, J, Besteman AL{~ / / Assistant Secretary NOTE: IF YOU HAVE ANY qUESTIONS HEGAHllING TilE VAI.lIHTY OR WORlHNG OF THIS POWER OF ATTOI{NEY, CALI. TOLl. FREE (HOO) H~f),\()f)1. lIN WISCONSIN, CALL (HOO) 4n,O()41), Client#: 48894 INLANSERV ACDBDTM CERTIFICATE OF ldABILITY' INSURANCE I DATE (MMlDDIYY) OS/24/01 ::&:-' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION WAUSAUINSURANCE COMPANIES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5100 N BROOKLINE HOLDE:R. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER: THE COVERAGE AFFORDED BY THE POLICIES BELOW. SUITE 1055 OKLAHOMA CITY, OK 73112-5428 INSURERS AFFORDING COVERAGE INSURED INSURER f>.: EMPLOYERS INSURANCE OF WAUSAU INLAND SERVICE CORPORATION INSURER E,: COLONIAL COUNTY MUTUAL INSURANCE C TIMBERLAND SERVICE, INC. INSURERC: WAUSAU UNDERWRITERS INSURANCE CO. PO BOX 508 INSURER D: LAWTON OK 73502 INSURER E: I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE POLICY NUMBER Pgk!fEY(~~~%J.}~~ P%~fJ (~l~~!i$.N LIMITS LTR A GENERAL liABILITY 162100131677 07/01/00 07/01/01 EACH OCCURRENCE $l,OOO,~ - X COM M ERClAL GENERAL L1AB ILlTY FIRE DAMAGE (Anyone fire) $100.000 I CLAIMS MADE lliJ OCCUR MED EXP (Anyone person) $5 000 PERSONAL & ADV INJURY $1 ~ 000 - GENERAL AGGREGATE $1 000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS ,COMP/OP AGG $1/000,000 n POLICY n ,m?i n LOC A ~OMOBILE'LIABILlTY 16310213167,7 07/01/00 07/01/01 COMBINED SINGLE LIMIT B eX ANY AUTO . 162100131678 07/01/00 07/01/01 (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY f-- $ SCHEDULED AUTOS (Per person) f-- X HIRED AUTOS BODILY INJURY - $ ~ NON,OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) ~AGE LIABILITY AUTO ONLY, EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY 163100131677 07/01/00 07/01/01 EACH OCCURRENCE $2 , 0 0 0 , 0 0 0 ~ 'OCCUR D CLAIMS MADE AGGREGATE $2/0001000 $ ;) DEDUCTIBLE $ X RETENTION slOOOO $ C WORKERS COMPENSATION AND 161100131677 07/01/00 07/01/01 X IT~~~IfJN~ I IOJ~' EMPLOYERS' LIABILITY $500,000 E,L. EACH ACCIDENT E,L. DISEASE, EA EMPLOYEE $500,000' E.L. DISEASE, POLICY LIMIT $1 000 000 OTHER DESCRIPTION OF OPERATlONSlLOCATlONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: SOLID WASTE COLLECTION CONTRACT FILE REF: 2001-008(B) CERTIFICATE HOLDER I I AD DmONAL INSURED; INSURER LETTER: CANCE,LLA TION SHOULD ,I\NYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION PUBLIC WORKS AND ENGINEERING DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL.3..0-DAYSWRITTEN DEPARTMENT AUGUSTA GEORGIA NOTlCETIJTHE CERTIFICATE HOLDERNAMED TOTHE LEFT, BUT FAILURE TODOSOSHALL 530 GREENE ST ROOM 701 IMPOSE I~O OBLIGATION OR LIABILITY OF ANYKlND UPON THE INSURER,ITS AGENTS OR AUGUSTA, GA 30911 REPRESENTATIVES. I A;~ZED REPRESENTATIVE ACORD 25-S (7/97) 1 f 2 1 2 M1 1 ' V" @ ACORD CORPORATION 1988 o #S 993 8/ 5 937 JAN ~. .--. ~ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy{ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer{s}, authorized representative or producl3r, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the covl3rage afforded by the policies listed thereon. ACORD25-S(7/97)2 of 2 #S199328/M151937 I I I I I I I I I I I I I I I I I I I INVITATION TQJllll Sealed Bids will be received at this office untilU :00 a.m., October 17, 2000 FOR FURNISHING: BID ITEM # 00-119 - The Collection of Residential/Commercial Solid Waste, Recyclable Materials, Yard Waste and Bulky Waste. All work shall be in accordance with the contract documents of the Department of Public Works and Engineering. Copies of the Contract Documents may be examined during regular business hours at the Engineering Office, th Floor Municipal Bldg, Augusta. GA and at the following locations: F.W. Dodge Division Plan Room, Augusta. GA.; CSRA Business League, Augusta. GA. Copies may be obtained for bidding purposes at the Purchasing Department upon payment of S25.00 (Non-refundable) for each set of documents issued. Bids shall be addressed to Augusta-Riclunond Purchasing Department. Room 605 Municipal Bldg. Augusta. GA 30911 marking the envelope: Bid Item # 00-119 - Collection of ResidentiaVCommercial Solid Waste Bid Bids shall be completed and submitted as described in the Information for Bidders section 0 f the contract documents. A Bid Guarantee, Perfonnance Bond and a Labor & Material Payment Bond will be required. No bid may be withdrawn for a period of ninety (90) days after the date and time set for the receipt of bids. NOTE: ALL BIDDERS WILL BE REQUIRED TO ATTEND A MANDATORY PRE-BID CONFERENCE TO BE HELD AT THE PURCHASING OFFICE AT 2:00 P.M., SEPTEMBER 27,2000. Bids will be received by:, The Augusta-Richmond Commission hereinafter referred to as the OWNER as the offices of: Geri A. Sams The Augusta-Richmond Purchasing Department 530 Greene Street- Room 605 Augusta, Georgia 30911 I I I I I I I I I I I I I I I I I I I It is the wish of the Owner that ~inority businesses are given the opportunity to bid on the various parts of the worK. This desire on the: part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market syste~ that seeks to include responsible businesses and provide ample opportunity for business growth and development. The Owners reserves the right to reject any or all bids and to waive technicalities and informalities. Please mark Bid Item Number on the outside of the envelope. Bidders are cautioned that sequestration of bidding documents through any source other than the office of the Purchasing Department is not advisable. Acquisition of bidding documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his proposal. GERI A. SAJ.'\1S, Purchasing Director Publish: Augusta Chronicle - 9/7/00, 9/13/00, 9/18/00,9/25/00 Metro Courier -9/13/00 1 I I I 1 1 I I I I I I I I I I I I I PROPOSAL FOR COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING & BULKY WASTE Project Reference 2000-008(B) Augusta-Richmond County Commission-Council Municipal Building Augusta, Georgia 30911 Gentlemen: The undersigned as bidder, herein referred to as singular and masculine, declares as follows: 1. The only parties interested in the proposal as principals are named herein; 2. He has carefully examined and fully understands the Contract Documents, including the drawings and technical specifications; 3. He has made personal examination of the site of the proposed work. He has satisfied himself as to the actual conditions and requirements of the work; and hereby proposes and agrees that, if the Proposal is accepted, he will contract with Augusta-Richmond County to furnish all machinery, tools, apparatus and other means of collection. Also, to do all work and furnish all materials called for in accordance with the requirements of the Director of Public Works, and the true intent of the Contract Documents. He will take in payment for each item of work, thereof, the unit or lump sum price applicable to that item as stated in the schedule below. (Note: Bidders must bid on each item.) 4. Augusta-Richmond County reserves the right to select item 1 or 2 on each section of the Bio sheet, and may elect to exercise the option of selecting or rejecting item 3 and/or item 4. Augusta-Richmond County reserves the right to reject any and all bids. BB-l I 1 I 1 I I I I I I I I I I I I I I I INFORMATION FOR BIDDERS Bids will be received by Augusta-Richmond County Commission-Council, Georgia, (hereinafter called the "Owner"), at the office of the Purchasing Director until 11 a.m., ....2000 and then at said office publicly opened and read aloud. Each bid must be submitted in a sealed envelope, addressed to Mayor and Augusta- Richmond County Commission-Council at City-County Municipal Building, Augusta, Georgia 30911. Each sealed envelope containing a bid must be plainly marked on the outside as bid for COLLECTION OF SOLID WASTE, YARD WASTE RECYCLING AND BUlKY WASTE and the envelope should bear on the outside the name of the bidder, his address and his license number, if applicable. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed the Mayor and Augusta-Richmond County Commission-Council, c/o Clerk of Commission-Council, City-County Municipal Building, Augusta, Georgia 30911. All bids must be made on the required bid form. All blank spaces for bid prices must be filled in, in ink or typewritten, and the bid form must be fully completed and executed when submitted. Only one copy of the bid form is required. The Owner may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within sixty (60) days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the bidder. Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by examination of the site and a review of the drawings and specifications including addenda. After bids have been submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done. The Contract Documents contain provisions required for the implementation, performance, and construction of the project. Infonnation obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the Contract. Each bid must be accompanied by a bid bond payable to the Owner for five percent of the total amount of the bid. As soon as the bid prices have been compared, the Owner will return the bonds of all except the three lowest responsible bidders. When the Agreement is executed the bonds of the remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the payment and performance bond have been executed and approved, after which it will be returned. A certified check may bl~ used in lieu of a bid bond. IFB-l I I I I I I I I 1 I I I I I I I I I I A performance bond and a payment bond, each in the amount of 100 percent of the contract price, with a corporate surety approved by the Owner, will be required for the faithful perfonnance of the Contract. Attorneys-in-fact who sign bid bonds or payment bonds and perfoffi1ance bonds must file with each bond a certified and effective dated copy of their power of attorney. The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance bond and payment bond within ten calendar days from the date when notice of award is delivered to the bidder. The notice of award shall be accompanied by the necessary Agreement and bond fonns. In case of failure of the bidder to execute the Agreement, the Owner may at his option, consider the bidder in default, in which case, the bid bond accompanying the proposal shall become the property of the Owner. The Owner within ten days of receipt of acceptable performance bond, payment bond and Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the bidder may, by written notice, withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. The notice to proceed shall be issued within ten days of the execution of the Agreement by the Owner. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and the Contractor., If the notice to proceed has not been issued within the ten day period or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the' work and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Agreement and complete the work contemplated therein. A conditional or qualified bid will not be accepted. Award will be made as a whole to one bi,dder for each section. All applicable laws, ordinances and rul,es and regulations of all authorities having jurisdiction over the construction of the project shall apply to the contract throughout. Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any bidder to do any IFB-2 I I I I I I I I I I I I I 1 I I I I I of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid. The low bidder must supply the names and addresses of major material suppliers and subcontractors when requested to do so by the Ownl~r. Inspection trips for prospective bidders will be conducted by the Owner if requested in writing by the bidder. Such request shall be direct,~d to the Director of Public Works by the bidder. The bidder agrees to abide by the requirements under Executive Order No. 11246, as amended, including specifically the provisions of the Equal Opportunity clause set forth in the Supplemental General Conditions. The engineer is the Director of Public Works. All bidders are encouraged to utilize, to the maximum extent possible, local labor forces and suppliers of materials which have residences, offices or places of business within Augusta- Richmond County, Georgia. While Augusta-Richmond County encourages the utilization of local laborers and supplies on a purely voluntary basis on local public works projects, nothing contained herein shall impose any legal or contractual obligation for any bidder to do so. IFB-3 I I I I I I I I I I I I I I I 1 I 1 1 STATE OF GEORGIA ) ) AGREEMENT COUNTY OF RICHMOND .2. {)O nrS AGREEMENT, made this / $ 1/t day of h"71 ,.2OOO;-by and between the Augusta-Richmond County Commission, hereinafter called "Owner" and Inland Service Corporation , doing business as a corporation, hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements as hereinafter mentioned: 1. The Contractor will commence and complete the project of COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING AND BULKY WASTE in compliance with the Contract Documents and within Section IL of Augusta-Richmond County, as said Section are more particularly described in an attachment to the "Contract Documents" as herein defined. 2. The Contractor will furnish all materials, supplies, tools, equipment, labor and other services necessary to comply with its obligations under the "Contract Documents" as herein defined. ' 3. The Contractor will corrimence the work required by the,Contract Documents no later than August 3. 2001, and will continue said work for a term of two (2) years ending on August 3. 2003, unless the Contract is, at Owner's sole option, extended for additional terms as provided in the Special Conditions of the "Contract Documents" as herein defined. I I I I I I I I I I I I I I I I 1 I I 4. Th,e Contractor agrees to perform all the work described in the Contract Documents for the period August 3.2001 through August 3. 2002 for the following sums: Section II: $1.337.700.00 The Contractor agrees to perfoml all the work described in the Contract ,Documents for the period August 3.2002 through August 3.2003 for the following sums: Section II: $1.272.500,00 In the event the Contract term is extended for an additional one-year term as provided in the "Contract Documents", the Contractor agrees to perform all the work described in the Contract Documents for the period Au~ust 3. 2003 through August 3.2004 for the following sums: Section II: $1.312.400.00 In the event the Contract term is extended for an additional one-year term as provided in the "Contract Documents," the Contractor agrees to perform all the work described in the Contract Documents for the period August 3. 2004 through August 3. 2005 for the following sums: Section II: $1.318.900.00 5. The Contractor agrees to provide to the Owner, within ten (10) days of the date of notification of acceptance of his proposal, performance and payment bonds in'the amount of $530.350.00 , which amount is equal to 50% of Contractor's total 2001 base bid sum. 6. The term "Contract Documents" means and includes the following: Advertisement for Bids Information for Bidders Proposal Bid Bond Notice of Award Agreement Performance/payment Bond Certificate of Owner's Attorney Notice to Proceed Change Order General Conditions Supplemental General Conditions Special Conditions , Technical Specifications Drawings I I I I I I I I I I I I I 1 I I I I I Addenda: 7. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 8. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 9. The parties agree to execute any other documents or take any other actions necessary to effectuate this Agreement. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in five (5) days copies, each of which shall be deemed an original on, the date first above written. TITLE: S A-RICHMOND COUNTY COMMISSION l\.. ,OWNER: )~BY: #' NAME: (SEAL) -:-..~ ~:~: -': tr+: ATTEST: ~ '" " NAME: = ',",," - ~ ':~ ~..- ~ t:;~ "'...... -,-... -'"", .......... -- ".~ ---.....-.............-...... BY: . (SEAL) ATTEST: ' (Type or Print) ~. . TITLE: BY: AS ITS \. I I I I I I I I I I I I I I 1 I I I' I SCHEDULE OF PRICES SECTION 2 + 8218 UNITS ,; BASE BID 1. Refuse and Yard Waste Collection at Curbside. Two (2) Days Per Week Pick-Up For Refuse and One (1) Day Per Week Pick-up 0111 Yard Waste: 2001 i,. 0 f, 0, " 00 . eel ',I €. c... r (. y r ) 2002 9 'i ~-: 4 0 0 ' 0 0 / 'I r , 2003 i / 0 7 ~ .' S- co. 0 0 I Y (' 2004 i I 0 7 ;y I 2 (' 0 " 0 0 I Y r 2. Alternate: Refuse and Yard Waste Collection at Curbside. One (1) Day Per Week Pick-up for Refuse and One (1) Day Per Week Pi(:k-up on Yard Waste: 2001 2 :> '2... , s- c C> c' 0 I V (' / f , 2002 '/ q () 7.00. DO / yr . " I Vr 2003 '?, 0 f:, c100 0 0 I . 2004 ~iO, coO 0 0 / \/r I 3. Bulky Waste Collection at Curbside One (1) Day Per Week Pick-Up For Bulky Waste: 2001 40 ZOO 0 c' I '/ ," ! , 2002 ~ '1 : b CO, o L' " y, , 2003 43 , ~ DO, 00 \./ ;- 2004 13 f ~ 00. 0 c I 'I r . I 4. Recyclables Collection at Curbside One (1) Day Pc~r Week Pick-Up for Recyclable Materials: 2001 ,. '3 b / '? D () . 0 0 I 'I r 2002 I ~ 7,- 0 0 0, 0 0 I Y r 2003 i '1 5-,' ~ CO. 0 D ' ! \j r 2004 (1 G : Cf. () [; . () 0 /'1 (' I I I I I I I I I 1 I I I 1 I I I I I Grand Total The Contract covering the construction of all work described above will be completed within calendar days from the date specified in the "Notice to Proceed" of the City Engineer for: Dollars ($ ) subject to reductions, additions and deletions provided herein on the basis of measured quantities of completed work and the prices bid. Bidder further agre:es to pay as liquidated damages the sum of $ 300.00 for each consecutive calendar day thereafter cIS hereinafter provided in Section 15 of the General Conditions. It is understood that the Owner reserves the right to rl;:ject any or all proposals or to accept any proposal as deemed that is to the best interest of the Owner. It is also understood that the following addenda as issued during the bid period shall be included as part of the Contract Documents: Addendum Date The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder will within ten (10) days from the date of no tifica.tion of acceptance of his proposal, execute the contract and furnish the Owner satisfactory perforrnance and payment bonds in the amount equal to one hundred percent (100%) of the total base bid sum. Enclosed herewith is a Bid Bond or a Certified Check in the amount of Dollars ($ ) being not less than 5 (5%) percent of the total base bid sum. Should the bidder fail to execute the Contract and furnish the Performance and Payment Bonds in case this proposal is accepted, the Owner shall have lhe right to receive the amount of the bid BB-ll I I I I I I I I I I I I I I I I I I I security as liquidated damages. If the security is a Certified Check, it may be cashed by the Owner and the amount received shall become the property of the Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by the Surety. The undersigned by submittal of this proposal, agrees that the above stated amount is proper measure of liquidated damages which the Owner will sustain by the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bonds. The successful bidder shall have a current Business License. The Owner is an Equal Opportunity Employer. Name of Bidder Signature & Title of Authorized Representative Business Address City and State Date: BB-12 . ! I , ; I I I I I I , I :-.; I ! : ~ , ~ , 10;.;::.1 ~ I I '-' I .. ~.. I --' I: I Ii .......J 1"-",,, SECTION BB BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, INLAND SERVICE CORPORATION --= as Princip~ and , COMPANY EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL _ as :surety, are hereby held and firmly bound Unto Augusta-Richmond COWlry Commission-CtJuncil, Georgia, as Owner in the penal sum. of 5 % OF AMOUNT B InfOI' the payment of which, well and truly to be m:lde, we hereby jointly and severally bind ourselves. our heirs, executors, admirListratoni, suc::essars and assigns. Signed, this 17TH day of OCTOBE~ 2000. The condition of the above obligation is such that whereas the Principal has submitted to Augusta-Richmond County Commission-Council, Georgia a certain Bid. attached hereto and hereby made a pm hereof to enter into a colltraa in writing for the COLLECTION OF SOLID WASTE. Y.~ W.~TE, RECYCLABLES .~.ND BULKY WASTE , NOW, THEREFORE. (a) Ii said Bid shall be rejected. or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Cancrac! attached hereto (properly completed. in accordance with said ,Bid) and shall furnish a bond for his faithful performance of said cont::r.u:t, and for the payment of all persons perfonning labor or furnishing materials in connection therewith. and shall in all other respel:ts perform the agreement created by the acceptance of said Bid, then this obligation shall be void, athf:rwise the same shall remain in iorce and. effect, it being'expreS~ly understood and a.greed that the liability of the Surety for my and all claims hereunder shall, in DO event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no' way impaired or affected by any extension of the time BB-~3 ...~---_.~'. --"---~"~~":;:-:-'::-:':'O'J' !' I, I 11 ';1' " I I ,:; I. i. ;, 'I , i ....~ ':~ , : ~ '; ~ 'I : ". i '-' ,I I 'I, .; : -; ...- :1, ; : ~. ~ Ii ". ,. \ '; ~ "I :; , :~ I! ; '; -i ::1 , ~'I U , i--"'..: -.. ': '''-,-':-:-::"'., ':7'-:',~-' ' within which the Owner may accept such Bid; and said Surety does hereby waive IlotiCr: of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set these hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their propl:r offic~, the day and year first set forth. above. INLAND SERVICE CORPORATION !1 / if, '11// 'M/MU {t " L.S. (principal) , ~ , EMPLOYERS INSURANCE OF WAUSAIJ. A MUTUAL COMPANY (Surety) By ~.d- 0- )U~ JA_ET A. NEAL AITOR.NEY IN FACT SE..Q 3B-14 .. ... .". ._........_~~_._.--:--:-:--:.....:.:':.;.~..-:'...--:-_..-. .. - . -. . ;,::.'._"::".;~'-': _.~'... _....-.-....,.... . .~... .... I I I I ::.::: z 0 LLJ a: I z a: <( LLJ I a.. a.. <( f- a z I en LLJ a 0 I-- I z LLJ ~ LLJ I-- <( t 'f- en en - I E l- Ll.. >- ~ LLJ Z a: I 0 I-- I-- <( Ll.. I a a::: LLJ S 0 I a.. 0 ~ <( > I z z <( en I en I l- I I I -, N i EN1PlOYERS INSURANCE OF WAl.J~- No, 21 6-1 71 utual Company KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF W AusAu A Mutual Company, a thl.' laws of the State of Wisconsin. and having its principal ofiice in the Wisconsin, has made, constituted and appointed. and does by these presents JANET A. NEAL tion duly organized and existing under ausau, County of Marathon, State of onstitute and appoint its true and lawful attorney,in,fact, with full power and authority hereby conferred in its name, place and stead, to execute. sl'al. acknowledg-e and deliver ANY OR ALL BONDS, UNDERTAKINGS. RECOGNIZANCES OR OTHER WRITTEN OHI.I(;ATIONS IN THE NATURE THEREOF NOT TO EXCEED THE PENAL SUM OF FIVE MILLION DOLLARS ($S,OOo,oooy , , and to hind the corporation thereby as fully and to the same extent as ifsuch bonds were signed by the President. sealed with thl' t'orpornte seal of the t'orporation and duly attested by its secret.ar~' hereby ratifying- and confirming all that the said attorm'y,in,fact may do in the premises, This power of attorne~' is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a ml.'eting- duly called and held on the lHth day of Ma~', 197:1, which resolution is still in effect: "RESOLVED, that the President and an~' Vice President- elective or appointive - of EMPLOYERS INSURANCE OF WAUSAtl A Mutual Company be, and that each of them herehy is, authorized to execute powers of attorney qualifying the attorne~' named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF W AUSAU A Mutual Company bonds, undertakings and all contracts of suretyship: and that any secretary or assistant secretary be, and that each or any of them herehy is, authorized to attest the execution of any such power of attorney, and to attach thl'rl'to the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company," "FURTH ER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OFW AUSAU A Mutual Compan,v ma,\' hl' affixl'd to an,v such power of attorney Of' to any certificate relating thereto by facsimile. and an~' such pOWl'r of attorne.\' or ('I.'rti fica tl' hl'aring such facsimile signatures and facsimile seal shall be valid and binding upon thl' EMl'l.OYEKS INSURANCE OF W AUSALJ A Mutual Company when so affixed and in the future with respect to an~' hond, undl'rtaking or contract of suretyship to which it is attached," IN WITN ESS WH EKEOF, EMI'1.0n:RS I NSURANCE OF W A USAU A Mutual Compan,v has caused these presents to he signed by the vice president and attested by its assistant secretary. and its corporalI' seal to be herelo affixed [his 1 ST day of NOVEMBER . 1999. (;~~~p :~PLOYERS INSURAN::k~ ~":".~~ ^,,,,,, A?~ Tim"", c. ~"II.' R, J, Blsteman/ Assistant Secretary Vice Presidem STATE OF WISCONSIN ) ) ss, COUNTY OF MARATHON) On this 1 ST day of NOVEMBER . 1999 , before me personally came Timothy C, Mulloy .to me known. who being by me duly swom. did depose and say that he is a vice presidem of the EMPLOYERS INSURANCE OF W AUSAU A MUlualCompany. the corporation described in and which executed the above instrument: that he knows the seal of said corporation; thatlhe seal affixed to said instrument is such corporate seal and that it was so affixed by order of the Board of DireCIOrS of said corporalion and that he signed his name thereto by like order. 1\ WlT\ESS WHEREOF, I have hereunlll set my hand and affixed mv official seallhe dav and year herein firsl above wrilten, Notary Public @J~.~.;;..,.,,_&.,- STATE t IF WISCONSIN ;; __r\~ CITY OF WAl!SAt: COUNTY OF i\IAHATHON : ss, CERTIFICATE ~~ _co I. th., undl'rsignl'd, assistant Sl'l'rl'tar~' of EMI'LOYEHS INSllKANCE OF WAUSAU A Mutual Company, a Wisconsin ..orporation, rio hl'r..hv !'t'nif,\' that thl' fOTl'goinJ.: ann atla('hl'd powpr of attornl.'~', WHICH MUST CONTAIN A \' ALl DATINC STAT EM ENT PRINTED IN TH E MARCIN THEHEOF IN RED INK. remains in full force and has not Ill't'n n"..okl'c!: an d fu ri h.'rmorl' that thl' rl'solu tion of th.. Hoa rn of I lj n'('tors set forth in thp pOWl'r of attorney is sti II in force, Signl'd and spnlpci ir, thp Cit,v ofWausau, Marathon Count~', State of Wisconsin, this 17TH day of OCTOBER , 200 O. I~C~::':;~:,\ ~ SE'Al /i ..'~ .',1 --.".- /~j~ R, J, BeSleman Assistanl Secretary NOTE: IF rOl! HAVE ANY qUESTIONS KE(;AHIlIN(; TilE VAUIlITY OK WORIlIN(; OF THIS POWER OF ATT( )RN EY, {'A 1.1. TOLl. FH EE (XfH)) X:.!fi,} ()fi I. (I N WI S{'( )NSI N, CAI.L lXOOI ~7:.!,O()~ 1), I I I I I I I 1 I I I I I I I I I I I SECTION NA NOTICE OF AWARD TO: Inland Service Corporation 415 SW 11 th Street Lawton. Oklahoma 73501 PROJECT DESCRIPTION: Collection of Solid Waste, Yard Waste, Recycling and Bulky Waste _ Section II ' The Owner has considered the 'BID submitted by you for the above described WORK in response to its Advertisement for Bids dated August 200Q, and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of $2.610.200. You have agreed in your Proposal to execute the Agreement and furnish the required Contractor's Performance Bond and Payment Bond within Ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within Ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and, as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the , OWNER. Dated this 17th day ofMay.2001. 14~ BY: TITLE: Assi tant Director of Public Works and Engineering ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF A WARD is hereby acknowledged on this L day of 5&~f, 2001. ' BY_~~~ . TITLE~~~~~ NA-l I I I I I I I I I I I 1 I I I I I I I SECTION PB PERFORMANCE BOND (NOTE: THIS BOND IS ISSUED SIMUL T ANEOUSL Y WITH PAYMENT BOND ON PAGE PB-3, IN FAVOR OF THE OWNER CONDmONED FOR TIffi PAYMENT OF LABOR AND MATERJAL.) KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called Contractor, and a corporation organized and existing under the laws of th,e State of , with its principal office in the City of , State of , as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission-Council, Georgia, as Obligee, hereinafter called the Owner, in the penal amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. \VHEREAS, Contractor has by said written agreement dated entered into a contract with Owner for the COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING Al\ID BULKY WASTE AT AUGUSTA, GEORGIA, in accordance with the drawings and specifications issued by Augusta-Richmond County Department Public Works, , which contract is by reference made a p~ hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Owner. The Surety hereby waives notice of any alteration or extension of time made by the A-4 I I I I I I I I I I I I I I I I I I I Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordanc(~ with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its tenns and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults tmder the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor tmder the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. IN WITNESS WHEREOF, this instrument is executed in _ (number) of counterparts, each of which shall be deemed an original this _day of ,20.......= ATTEST: Principal (Principal) Secretary By _(s) Address -' (SEAL) (Witness as to Principal) - (Address) - PB-2 I I I I I I I I I I I I I I I I I I I Surety AITEST: By Attorney-in-fact (Surety) Secretary - Address - (Seal) Witness as to Surety - Address Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. PB-3 1 I I 1 I I I I I 1 I I I I I I I I I SECTION PB LABOR AND MATERIAL PAYMENT BOND (NOTE: THIS BOND IS ISSUED SIMUL T ANEOUSL Y WITH PERFORMANCE BOND ON PAGE PB-I, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.) KNOW ALL MEN BY THESE PRESENTS: That , as Principal, hereinafter called Contractor, and , a corporation organized and existing under the laws of the State of_ , with its principal office in the City of ,_State of ,as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission-Council Georgia. as Obligee, hereinafter called the Owner, for the use and benefit of claimants as hereinbelow defined in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. \VHEREAS, Contractor has by written agreement dated entered into a contract with Owner for the COLLECTION OF SOLID WASTE, Y ARD WASTE RECYCLING, Al'fD BULKY WASTE in accordance with drawings and specificati.ons issued by Augusta-Richmond County Engineering Department, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required to use in the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (I) A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the CONTRACT. PB-4 I I I I I I I I I I I I I I I I I I I (4) (2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has n.ot been paid in full before the expiration of a period of ninety (90) days after the date on wh.ich the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of s~ch claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Contractor ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this day of _ A.D. 2000. PB-5 I I I I I I I I I I I I I I I I I I I Witness (Seal) (Contractor) Attest By (Seal) (Title) Witness (Seal) (Surety) Attest By (Seal) (Title) Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. PB-6 I I I I I 1 I I I I I I I I I 1 I I I CERTIFICATE OF OWNER'S ATIORNEY I, the undersigned , the authorized and acting legal representative of Augusta-Richmond County Commission-Council do hereby certify as follows: I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions and provisions thereof. DATE: PB-7 .. - . Public Works and Engineering Department Teresa C. Smith, P.E., Director 1815 Marvin Griffin Road Angusta, Georgia 30906 (706) 796-5040 Fax (706) 796-5045 June 29, 2001 Mr. Robert V. Alford Inland Service Corporation 415 SW 11th Street Lawton, Oklahoma 73501 Subject: Solid Waste Collection Contract File Reference: 01-008(B) You are hereby notified to commence work in accordance with the Agreement dated June 29,2001, within 35 (thirty-five) calendar days following this date, the date first written above, and you are to complete the work within seven hundred thirty (730) consecutive days after the date of this notice. The date set for completion of all work is therefore August 2,2003. BY~\O~~ TITLE: Director of Public Works and Engineering , ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged and the same is hereby accepted on this 29th day of June: 2001 _' _ ~ BY:_~ . TITLE:~A?~~ COA2 I I I I I I I I I I I I I I I I I I I .r.. SECTION NP ~ NOTICE TO PROCEED TO: DATE: PROJECT: You are hereby notified to commence work in accordance with the Agreement dated , 2000, within Ten QQ) calendar days following this date, the date first written above, and you are to complete the work within L) consecutive calendar days after the date of this notice. The date set for completion of all work is therefore ,20_ BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged and the same is hereby accepted /- ~/ /, on this day of ,2000. BY: TITLE: COA-2 I I I I I I I I I I I I I. I I I I 'I ,I GC-O 1. GC-02. GC-03. GC-04. GC-05. GC-06. GC-07. GC-08. GC-09. GC-I0. GC-ll. GC-12. GC-13. GC-14. GC-15. GC-16. GC-17. GC-18. GC-19. GC-20. GC-21. GC-22. GC-23. GC-24. GC-25. GC-26. GC-27. .,. SECTION GC GENERAL CONDITIONS INDEX TO ARTICLES OF GENERAL CONDITIONS Section Definitions Additional Instructions and Detail Drawings Schedules, Reports and Records Drawings and Specifications Shop Drawings Materials, Services and Facilities Inspection and Testing Substitutions Patents Permits and Regulations Protection of Work, Property and Persons Supervision by Contractor Changes in the Work Changes in Contract Price Time for Completion and Liquidated Damages Suspension of Work, Termination and Delay Payments to Contractor Insurance & Indemnity Contract Security Assignments Indemnification Subcontracting Engineer's Authority Land and Rights-of-Way Taxes Order and Discipline Special Restrictions GC-l Page No. 2 4 4 4 5 6 6 7 8 8 9 10 10 10 11 11 12 12 14 16 16 18 19 19 19 20 20 I I I I I I I I I I I I I I I I I I I GC-Ol. DEFINITIONS: Wherever used in the Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof. 1. ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents" Drawings and Specifications, by addition, deletion, clarifications or corrections. 2. BAGS - Plastic sacks designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by top. Total weight of a bag and its contents shall not exceed 35 lbs. 3. BID: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the work to be performed. 4. BIDDER: Any person, firm or corporation submitting a bid for the work. 5. BONDS: Bid, Performance and Payment Bonds and other instruments of security furnished by the Contractor and his Surety in accordance with the Contract Documents. 6. BULKY WASTE: Stoves, refrigerators, water tanks, washing machines, furniture and other waste materials, including 200 lbs. or less of Construction Debris, and tires with weights or volumes greater than those allowed for Containers. 7. CART: A plastic receptacle with wheels and lid with a capacity of90-95 gallons. 8. CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents or authorizing an adjustment in the contract price or contract time. 9. CITY: Augusta-Riclunond County Commission-Council, Augusta, Georgia. 10. CONSTRUCTION DEBRIS: Waste building materials resulting from construction, remodeling, repair or demolition operations. 10. CONTRACT DOCUMENTS: The contract including Advertisement for Bids, Information for Bidders, Proposal, Bid Bond, Notice of award, Agreement, Performance Bond, Payment Bond, Notice to Proceed, Change Orders, General Conditions, Supplemental General Condition, Special Conditions, Technical Specifications, Drawings and Addenda. 12. CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions of the Contract Documents. 13. CONTRACT TIME: The number of calendar days stated in the Contract Documents for the completion of the work. 1 1 I 1 1 I I I I I I I I I I I I I I 14. LIFE OF THE CONTRACT: The total duration of the contract from Notice to Proceed to completion of all the work. 16. CUSTOMER: Means the recipient of collection se:rvices, and can be a resident in the Contract Area, or a Designated Non-Residential Location. 17. DESIGNATED COLLECTION AREA(S): Means that geographic area at which the Contractor will provide collection and other services pursuant to the Proposal. Collection points will be at the curb for Refuse, Yard Waste, Bulky Waste, and Recyclable. Collection points will be at the curb or in centralized areas for multi-family housing, as determined by the engineer and in the back yard for customers with physical disabilities (for refuse collection only). 18. DESIGNATED DISPOSAL FACILITY: Means a facility to which each material collected under this contract must be delivered. The disposal facility for any or all of the materials collected may change to meet the need and contractual obligations of the City. 19. DESIGNATED NON-RESIDENTIAL LOCATION: Means a non-residential location in the Contract Area that receives collection and other solid waste services from the Contractor. 20. DRAWINGS: The part of the Contract Docwnents which show the characteristics and scope of the work to be performed and which have been prepared or approved by the Engineer. 21. ENGINEER: The person, firm or corporation nanled as such in the Contract Documents. 22. GARBAGE: Every accwnulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, conswnption dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains, or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable animal or vegetable waste matter which is likely to attract fli,es or rodents); except (in all cases) any matter included in the definition of Bulky Waste, Construction Debris, Hazardous Waste or Rubbish. 23. HAZARDOUS WASTE: Waste, which is defined, characterized or designated as hazardous by the United States Environmental Production Agency or appropriate State agency by or pursuant to Federal or State law, or waste, in any cUTIOunt, which is regulated under Federal or State law. For purposes of this Contract, the term Hazardous Waste shall also include motor oil, gasoline, oil base or lead paint, paint cans or their cans. 24. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the successful Bidder. I I I I I I I I I I I 1 I I I I I I I 25. NOTICE TO PROCEED: Written communication issued by the Owner to the Contractor authorizing him to proceed with the work and establishing the date of commencement of the work. 26. OWNER: A public or quasi-public body or authority, corporation, association, partnership or individual for whom the work is to be performed. 27. PROJECT: The undertaking to be performed as provided in the Contract Documents. 28. RECYCLABLE MATERIAL(S): Newsprint (magazines); brown, clear and green glass and jars; aluminum and bi-metal cans; HDPE Clear plastic milk jugs and PET plastic soft drink containers; or any other Commodity agreed upon in writing by the City and Contractor. 29. REFUSE: All Garbage and/or Rubbish and/or Bulky Waste and/or Yard Waste generated by a customer. 30. RESIDENT PROJECT REPRESENTATIVE: The authorized representative of the Owner who is assigned to the project site or any part thereof. 31. RESIDENTIAL UNIT: An occupied dwelling (whether a single family home or a multi- family unit) requiring curbside collection. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. 32. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a Subcontractor, Manufacturer, Supplier or Distributor, which illustrate how specific portions of the work shall be fabricated or installed. 33. SOLID WASTE: Is defined as garbage and trash. This may include glass jars, bottles, aluminum cans, steel cans, plastic soda and liquor bottles, newspapers and inserts, plastic soda, milk and water bottles and spiral paper cans, and other solid waste including yard waste, and bulky waste as defined. Residential solid waste shall not include discarded building materials, trees, brush and other material resulting from the activities of building contractors, commercial tree trimmers or commercial lawn services, large quantities of sod, dirt and trash from land clearing, and other materials requiring special handling as determined by the engineer. 34. SPECIFICATIONS: A part of the Contract Docwnents consisting of written descriptions of a technical nature or materials, equipment, constmction systems, standards and workmanship. 35. SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the Contractor or any other Subcontractor for the perf()rmance of a part of the work at the site. I I I I I I ,I I I I I I I 1 I I I I I 36. SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction of the project or a specified part can be utilized for the purposes for which it is intended. 37. SUPPLEMENTAL GENERAL CONDITIONS: Modifications and/or additions to the General Conditions of a specific nature generally aimed at the specific contract of which it is 'a part. 38. SUPPLIERS: Any person, supplier or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site. 39. UNIT: Shall be defined as one (1) residential unit, individual apartment or condominium in a multiple family residence, or Designated Non-Residential Location unless otherwise specified by the City. 40. WRITTEN NOTICE: Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address or delivered in person to said party or his authorized representative on the work. 41. YARD WASTE: All tree trimmings, dead plants, weeds, leaves, and dead tree debris not exceeding five feet (5') in length, four inches (4") in diameter or fifty pounds (50 lbs.). GC-02. ADDITIONAL INSTRUCTIONS A.L~D DETAIL DRAWINGS I. The Contractor may be furnished additional instructions and detail drawings, by the Engineer, as necessary to carry out the work required by the Contract Documents. 2. The additional drawings and instructions thus supplied will become a part of the Contract Documents. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. GC-03. SCHEDULES, REPORTS AND RECORDS~ 1. The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records, and other data as the Owner may request concerning the work performed or to be performed. I I I I I I I I I I I I I I I I I I I 2. Prior to the first partial payment estimate, the Contractor shall submit schedules showing the order in which he proposes to carry on the work, including dates at which he will start the various parts of the work, estimated date of completion of each part and as applicable: 2.1 the dates at which special detail drawings will be required; and 2.2 respective dates for submission of shop drawings, the beginning of manufacture, the testing and the installation of materials, supplies and equipment. 3. The Contractor shall also submit a schedule of payments that he anticipates he will earn during the course of the work. GC-04. ORA \VINGS AJ.\TD SPECIFICATIONS: 1. The intent of the drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the work in accordance with the Contract Documents and all inc:idental work necessary to complete the project in an acceptable manner, ready for us, occupancy or operations by the Owner. 2. In case of conflict between the drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. 3. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or sp.ecifications shall be immediately reported to the Engineer, in writing, who shall promptly correct: such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. 4. All work that may be called for in the specifications and not shown on the drawings, or shown and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both these ways and should any work or material be required which is not detailed in the specifications or drawings, either directly or indirectly, but which is nevertheless necessary for the proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and required and shall perform all such work and furnish any such material as fully as if they were particularly delineated or described. 5. It is understood and agreed that the Contractor, by c:areful examination, has satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. I I I I I I I I I 1 I I I I I I I I 1 major changes in the function of the contract will result. Incidental changes or extra component parts required to accommodate the substitute will bl;: make by the Contractor without a change in the contract price or contract time. GC-05. SHOP DRAWINGS: 1. The Contractor shall provide shop drawings as may be necessary for the prosecution of the work as required by the Contract Documents. The Engineer shall promptly review all shop drawings. The Engineer's approval of any shop drawings shall not release the Contractor from responsibility for deviations from the Contract Documents. The approval of any shop drawing which substantially deviates from the requirement of the Contract Documents shall be evidenced by a Change Order. 2. When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification that he has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. 3. Portions of the work that require shop drawing or sample submission shall not begin until the shop drawing or submission has been approved by the Engineer. A copy of each approved shop drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. GC-06. MATERIALS. SERVICES AND FACILITIES: 1. It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the work within the specified time. 2. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. 3. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 4. Materials, supplies or equipment shall be in accordance with samples submitted by the Contractor and approved by the Engineer. 5. Materials, supplies or equipment to be incorporated into the work and purchased by the Contractor of the Subcontractor will be subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. I I I I I 1 1 I I I I I I I I I I I I GC-07. INSPECTION AND TESTING: 1. All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards. 2. The Contractor shall provide, at his expense, the necessary testing and inspection services required by the Contract Documents, unless otherwise provided. 3. The Owner shall provide all other inspection and testing services required by the Contract Documents. 4. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness. 5. Neither observation by the Engineer or inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the work in accordance with the requirements of the Contracts Documents. 6, The Engineer and his representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or State Agency shall be permitted to inspect all work, equipment, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. The Contractor will' provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. GC-08. SUBSTITUTIONS: 1. Vlhen a material, article or piece of equipment is identified on the drawings or specifications by reference to brand name or catalogue number, the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article or piece of equipment of equal substance and function for. those name or catalogue number and if, in the opinion of the Engineer, such material, article or piece of equipment is of equal substance and function to that specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deducted from the contract Plice and the Contract Documents shall be appropriately modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function of the contract will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. I I I I I I I I I I I I I I I I I I I GC-09. PATENTS: 1. The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and save the Owner harmless from loss on account thereof except that the Owner shall be responsible for any such loss when a particular process, design or the product of a manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Engineer. GC-IO. PERlVllTS AND REGULATIONS: 1. Permits and licenses of a temporary nature necessaJY 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. If the Contractor observes that the Contract Documents are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in Section 13; Changes in the Work. GC-ll. PROTECTION OF WORK. PROPERTY AJ."ID PERSONS: 1. 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 material 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. 2. 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 whose acts any of them are liable, except damage or loss attributable to the fault of the Contract Document or to the acts or omissions of the Owner or the Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor. 3. 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. I I I I 1 I ,I I I 1 I I I I I I I I I GC-12. SUPERVISION BY CONTRACTOR: 1. 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 be present on the site at all times as required to perform adequate supervision and coordination of the work. Supervisor or Superintendent will not be the operator of a route collection unit. Supervisor will have a cellular phone and mobile communication(s) at all times during collection operation hours. GC-13. CHANGES IN THE WORK: 1. The Owner may at any time as the need arises, order changes within the scope of the work without invalidating the Agreement. If such chcmges increase or decrease the amount due under the Contract Documents or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. 2. The Engineer, also, may at any time, by issuing a field order, make changes in the details of the work. The Contractor shall proceed with the performance of any changes in the work so ordered by the Engineer unless the Contractor believes that such field order entitles him to a change in the contract p~ce or time or both, in which event he shall give the Engineering written notice thereof within ten (10) days after the receipt of the ordered change pending the receipt of an executed change order or further instmction from the Owner. GC-14. CHAi'iGES IN CONTRACT PRICE 1. The contract price may be changed only by a Change Order. The value of any work covered by a Change Order or of any claim for increase or decrease in the contract price shall be determined by one or more of the following methods in the order of precedence listed below: 1.1 Unit prices previously approved. 1.2 An agreed lump sum. 1.3 The actual cost for labor, direct overhead, ma.terials, and supplies, equipment and other services necessary to complete the work. In addition there shall be added an amount to be agreed upon, but not to exceed fifteen (15) percent of the actual cost of the work to cover the cost of general overhead and profit. GC-l5. TIME FOR COMPLETION AND LIQUIDATED DAMAGES: 1. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed. I I I I I I I I I I I I I I I I I I I 2. The Contractor will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the contract time for the completion of the work described herin is a reasonable time, taking into consideration the ave:rage climatic and economic conditions and other factors prevailing in the locality of the work. 3. If the Contractor shall fail to complete the work within the contract time, or extension of time granted by the Owner; then the Contractor will pay to the Owner the amount for liquidated damages as specified in the bid for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Docwnents. 4. The Contractor shall not be charged with liquidated dames or any excess cost when the delay in completion of the work is due to the following and the Contractor has promptly given written notice to such delay to the Owner or Engineer. 4.1 To any preference, priority or allocation order duly issued by the Owner. 4.2 To unforeseeable ,causes beyond the control and without the fault of negligence of the Contractor, including but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather; and 4.3 To any delays of subcontractors occasioned by any of the causes specified in Paragraphs 4.1 and 4.2 of this Article. GC-16. SUSPENSION OF THE WORK, TERlVIINATION AJ.'\TD DELAY: 1. The Owner may, at any time and without cause, suspend the work or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the Contractor, by written notice to the Contractor. The Engineer shall fix the date on which work shall be reswned. The Contractor will reswne that work on the date so fixed. The Contractor will be allowed an increase in the contract price, an extension of the contract time, or both, directly attributable to any suspension. 2. If the Contractor is adjudged bankrupt or insolvent, or ifhe makes a general assignment for the benefit of his creditors or if a trustee or receiver is appointed for the Contractor or for any ofl;is property or if he files a petition to take advantage of any debtor's act to reorganize under the bankruptcy or applicable laws or if he repeatedly fails to supply sufficient skilled worlanen or suitable materials or equipment, or ifhe repeatedly fails to supply sufficient skilled worlanen or suitable equipment or ifhe disregards law, ordinances, rules, regulations or orders of any public body having jurisdiction of the work or if he disregards the authority of the Engineer, or if, in the opinion of the Engineer, the Contractor fails to make satisfactory progress in prosecuting the work, or if he otherwise violates any provision of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and his Surety a Minimum of ten (10) days from delivery of a written notice, tenninate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, I I I I I I I I I I I I I I I I I I I equipment and machinery thereon owned by the Contractor and finish the work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the direct and indirect costs of completing the project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated in a Change Order. 3. Where the Contractor services have been so terminated by the Owner, said termination shall not affect any right of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor from compliance with the Contract Documents. 4. After ten (10) days from delivery of a written notice to the Contractor and the Engineer, the Owner, may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Contract. In such case, the Contractor shall be paid for all work executed and any expense sustained plus reasonable profit. \ 5. If, through no act or fault of the Contractor, the work is suspended for a period of more than ninety (90) days by the Owner or under an order of court or other public authority, or the Engineer fails to act on any request for payment within thirty (30) days after it is submitted, or the Owner fails to pay the Contractor substantially the sum approved by the Engineer within thirty (30) days of its approval and presentation, then the Contractor may after ten (10) days from delivery of a written notice to the Owner and the Engineer, tenninate the Contract and recover from the Owner payment for all work executed and all expenses sustalned. In addition, and in lieu of terminating the Contract, if the Engineer has failed to act on a request for payment or if the Owner has failed to make any payment as aforesaid, the Contractor may, upon ten(10) days notice to the Owner and the Engineer, stop the work until he has been paid all amounts then due, in which event and upon resumption of L'1e work, Change Orders shall be issued for adjusting the contract price or extending the contract time or both to compensate for the costs and delays attributable to the stoppage of the work. 6. If the performance of all or any portion of the work is suspended, delayed, or interrupted as a result of a failure of the Owner or the Engineer to act within the time specified in the Contract Documents, or if not time is specified, within reasonable time, an adjustment in the contract price or an extension of the contract time or both, shall be made by Change Order to compensate the Contractor for the costs and delays necessarily caused by the failure of the Owner or the Engineer. GC-17. PAYMENTS TO THE CONTRACTOR: 1. The Contractor shall submit a monthly payment request to the City for services performed the previous month. The City shall pay the Contractor within thirty (30) days of receipt of a correct payment request by the Augusta-Richmond County Finance Department. payment shall be based on the contract area. The City shall deduct any assessments due from the payment owed I I I I I I I I I I I I I I I I I I I the Contractor. The price paid shall be the swn of: the price proposal for curbside refuse collection in the contract area, plus the price proposal for yard waste collection in the contract area, plus the rice proposal for recycling, plus the unit price proposal for bulky waste collection as authorized by the City, less any assessments, plus any approved special services perfonned during the payment period. Payment requests shall be accompanied by (1) data supporting the payment request, as necessary, in the City's opinion, to substantiate the Contractor's right to remittance of the amounts requested; (2) a signed certification from the Contractor that it has fully and properly performed all items of work covered by the payment request, that all insurance and bonds required hereunder are in full force and effect, that all subcontractors and suppliers have been paid from previous requests, and that it is not in default under any provision of this Contract. Should the City dispute any portion of the payment request, it shall, within thirty days, furnish a detailed itemized explanation of such objection, which cites its authority under the Contract to withhold such paymerits. All amounts not in dispute shall be paid within thirty (30) days following receipt by the City of such payment request, subject to withholding as otherwise provided herein. Original payment requests shall be sent to: Augusta-Richmond County - Finance Department Accounts Payable Section Room 108, Municipal Bldg. 530 Greene Street Augusta, GA 30911 A duplicate invoice shall be sent to: Office of the Director of Public Works And Engineering Room 701, Municipal Bldg. 530 Greene Street Augusta, GA 30911 GC-18. INSURANCE AND INDEMNITY: 1. To the extent permitted by law, the Contractor shall indemnify and save harmless Augusta- Richmond County Commission-Council, its officers, agents, employees and assigns from and against all loss, cost, damages, expense and liability caused by an accident or 9ther occurrence resulting in bodily injury, including death, sickness and disease to any person; or damage or destruction to property, real or personal; arising directly or indirectly from operations, products I I I I I I I I I I I I I I I I I I I or services rendered or purchased under this Contract; or violation of any interlocal agreement, state or federal rule, regulation or law, or any other provision oflaw regulating solid waste collection, hauling or disposal. The Contractor shall be held responsible for nay damage to customers' property, real or personal, which occurs by the Contractor or the Contractor's agent in the perfonnance of this Contract. If the City, upon an independent investigation, finds that the Contractor has failed to completely reimburse the customer for the damaged property, the City may pay the customer any monetary amount it deems necessary to make the customer whole and deduct the same from the Contractor's monthly payment. 2. 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. 2.1 Claims under Workman's Compensation, disability benefit and other similar employee benefit acts, 2.2 Claims for damages because of bodily injury, occupational sickness or disease or death of his employees, 2.3 Claims for damages because of bodily injury, sickness or disease or death of any person other than his employees, 2.4 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 2.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 3. Certificates of Insurance acceptable to the'Owne:r shall be filed with the Owner prior to commencement of the work. These Certificates shall contain a provision that coverages afforded under the policies will not be cancelled unless at least fifteen (15) days prior written notice has been given to the Owner. 4. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, liability insurance as hereinafter specified. 4.1 Contractor's General Public liability and Property Damage insurance including vehicle coverage issued to the Contractor and protecting him from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the Contract Documents, whether such operations be by himself or by any Subcontractor under I I I I I I I I I I I I I I I I I I I him or anyone directly or indirectly employed by the Contractor or by a Subcontractor under him. Insurance shall be written with a limit ofliability of not less than $200,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by anyone person in anyone accident; and a limit of liability of not less than $500,000 for any such damages sustained by two or more persons in anyone accident. Insurance shall be written with a limit ofliability of not less than $100,000 for all property damage sustained by anyone person in anyone accident; and a limit ofliability of not less than $200,000 for any such damage sustained by two or more persons in anyone accident. 4.2 The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the Project to the full insurable value thereof for the benefit of the Owner, the Contractor and Subcontractor as their interest may appear. This provision shall in no way release the Contractor or Contractor's Surety from obligations under the Contract Documents to fully complete the Project. 6. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, in accordance with the provisions of the laws of the state in which the work is performed, Workman's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require such Subcontractor similarly to provide Workman's Compensation Insurance, including occupational disease provision for all of 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 at the site of the Project is not protected under Workman's Compensation statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected GC-19. CONTRACT SECURITY: 1. The Contractor shall, within ten (10) days after the r1eceipt of the Notice of Award, furnish the Owner with a Performance Bond and a Payment Bond in penal sums equal to the amount of the contract price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by the Contract Docwnents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact business in the state in which the work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these bonds shall be borne by the Contractor. If at any time a Surety on any such bond is declared a banlaupt or loses its right to do business in the state in which the work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the Owner to do so, substitute an acceptable bond (or bonds) in 1 I I I I I I I I I 1 I I I I I I I I such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new Surety or Sureties shall have furnished an acceptable bond to the Owner. GC-20. ASSIGNMENTS: 1. 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. GC-21. INDEMNIFICATION: 1. The Contractor will indemnify and hold harmless the Owner and the Engineer and their 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 willfu.l 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. 2. In any and all claims against the Owner or the Engineer or any of their 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. 3. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, design or specifications. GC-22 SUBCONTRACTING: 1. T he Contractor may utilize the services of specialty Subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty Subcontractors. 2. The Contractor shall not award work to Subcontractor(s), in excess of fifty (50%) percent of the Contract Price, without prior written approval of the Owner. 3. The Contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him. 4. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to I I I 1 I I I I I 1 I I I I I I I I I the work to bind the Subcontractors to the Contractor by the terms of the Contract Docwnents insofar as applicable to the work of Subcontractors ,and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. 5. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. GC-23. ENGINEER'S AUTHORITY: 1. The Engineer shall act as the Owner's representative: during the contract period. He shall decide questions which may arise as to quality and acceptability of materials furnished and work performed. He shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Engineer will make visits to the site and detennine if the work is proceeding in accordance with the Contract Documents. 2. The Contractor will be held strictly to the intent of the Contract Docwnents in regard to the quality of materials, workmanship and execution of the Work. 3. The Engineer will not be responsible for the collection means, controls, techniques, sequences, procedures or safety. 4. The Engineer shall promptly make decisions relative to interpretation of the Contract Documents. GC-24. LA1~D AND RIGHTS-OF-WAY: 1. Prior to issuance of Notice to Proceed, the Owner shall obtain all land and rights-of-way necessary for carrying out and for the completion of the work to be performed pursuant to the Contract Docwnents, unless othelVlise mutually agreed. 2. The Owner shall provide to the Contractor information which delineates and describes the lands owned and rights-of-way acquired. 3. The Contractor shall provide at his own expense and without liability to the Owner any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. GC-25. TAXES: 1. The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place where the work is performed. I I I I I I I 1 1 I I I I I I I 'I I I GC-26. ORDER AND DISCIPLINE: 1. The Contractor shall at all times enforce strict discipline and good order among his employees and any employee of the Contractor who shall appear to be incompetent, disorderly or intemperate or in any other way disqualified for or unfaithful to the work entrusted to him, shall be discharged immediately on the request of the Engineer and he shall not again be employed on the work without with the Engineer's written consent. GC-27. SPECIAL RESTRICTIONS: 1. No work shall be allowed after the hours of darkness or on Sunday without permission of the Owner I I I I I 1 1 I I I I I I I I I I I I SPECIAL CONDITIONS SC-Ol. SCOPE OF WORK: The work under this Contract shall consist of the items contained in the Proposal, including all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with the Contract Documents. SC-02. ADDITIONAL SERVICE: Pursuant to this Contract, no customer may be provided additional services by the Contractor which are outside the scope of this Contract. The Contractor shall not charge any customer for services provided by the City under the terms of this Contract. Likewise, the City shall not be responsible to the Contractor or the customer for any additional services provided at the request of the customer by the Contractor. SC-03. DESCRIPTION OF CONTRACT AREA: The Contract Area designated by the City is described in an attachment to this Contract. Contractor is responsible for collection within the contract area. Estimated units are for reference only and Contractor is responsible for verifying the exact number of units in each contract area. SC-04. GENERATION OF MATERIALS: Because future increases or decreases in population, number of units or generation of residential solid waste and other materials in the contract area cannot be guaranteed, it is expected that proposers will formulate their own projections of amounts of materials to be generated and collected for the purposes of their Proposals. SC-05. CONTRACT PERIOD: The initial term of this Contract is for two years and the City may, at its sole option, renew the Contract for two successive one-year terms (extensions) under the conditions set forth in this Contract. The City shall give the Contractor written notice of its intention to extend the Contract a minimum of ninety (90) days before the expiration of the Contract. Any changes in the Contract terms shall be agreed to and accepted, in writing, by the City and the Contractor. SC-Q I I I I I I I I I I I I I I I I I I I SC-06. NOTICE TO PROCEED: Since no interruption of the existing service is permIssiBle, service transition (from private or other contractor provided to Contractor-provided service) must be coordinated and executed on the starting date set forth in the Notice to Proceed. The City intends to issue the Notice to Proceed within three months after award.ofthe Contract. SC-07. CONTRACT DOCillv1ENTS PROVIDED: The Contractor will be provided with three (3) sets of Contract Documents. Additional sets may be obtained at the cost of printing. SC-08. SOLID WASTE ORDINANCES: Augusta-Richmond County Solid Waste Ordinances, available upon request, are hereby incorporated into this Request for Proposals and the Contractor shall comply with the Ordinances in carrying out the Contractors duties and obligations. SC-09. CONTRACTOR RESPONSIBILITIES: I. Compliance with Laws and Ordinances: The Contractor shall comply with all applicable local, state and federal ordinances, statutes, laws, rules and regulations governing the collection, transportation and disposal of solid waste, refuse yard waste, bulky waste and recyclables. No plea of misunderstanding will be considered on account of ignorance thereof. The Contractor shall be in compliance with all applicable Federal, State and/or Local laws regarding employment practices. Such laws will include, but shall hot be limited to workers' compensation, the Fair Labor Standards Act(FSLA), the Americans With Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA regulations applicable to the work. If the proposers or Contractor discover any provisions in the specifications or Contract Documents which are contrary to or inconsistent with any law, ordinance or regulation, they shall immediately report it in writing to the City Engineer. 2. Ta'Xes: The Contractor shall pay all Federal, State and Local taxes and fees which may be chargeable against the performance of the work. No additional compensation will be made to the Contractor for taxes or fees except in the fi)llowing situation: the Contractor may pass through to the City those new taxes and fees levied by the City specifically on garbage haulers after receipt of the bids. SC-l I I I I I I I I I I' I I I I I I I I I SC-lO. HUMAN RESOURCE PROVISION: Personnel Administration: 1. Character and Conduct of Employees: a. The Contractor's employees who normally and regularly come into direct contact with the public shall bear a means of individual identification to include a uniform with a name badge, name tag or identification card. Shirts and Jackets will be safety orange in color with dark blue pants as approved by the Engineer. b. The Contractor shall assure that employees serve the public in a courteous, helpful and impartial manner. AIl employees of the Contractor in both field and office shall refrain from belligerent behavior and/or profanity, to the extent that such behavior negatively impacts the provision of service to customers and others with whom the Contractor and its employees come into contact, during the performance of the Contract. Correction of any such behavior and lariguage shall be the responsibility of the Contractor. c. In the event a report is received alleging an employee(s) of the Contractor was wanton, discourteous, belligerent, profane or in any way intimidating, either physically or verbally, the Contractor shall submit a written report to the Engineer outlining the complete details of the incident. Said report shall include the nature of the incident, time, date and location and name, address and telephone number of the person alleging the violation. The report shall also include the name and title of the employee and what disciplinary action, if any, was taken. If an employee of the Contractor is the subject of repeated or egregious allegations of the type described above, the City may request that the employee be barred from further work for the Contractor in connection with this Contract. Upon the City's request, the Contractor shall, immediately, comply with the City's request for the duration of the Contract Time. d. Personnel shall make collection with as little noise and as little disturbance to the customer as possible. e. No employee shall disturb or otherwise interfere with property that is impertinent to the proper execution of his duties. f. Care shall be taken to prevent damage to property including shrubs, flowers and other plants. g. Additional Contractor Liability: The Contractor shall be held responsible for any damage to customers property, real or personal, which occurs by the Contractor or the Contractor's: agent in the performance of this Contract. If the City, upon on independent investigation, finds that the Contractor has failed to completely reimburse the customer for damaged property, the City may pay the customer any monetary amount it deems necessary to make the customer whole and deduct the same from the Contractor's montWy payment. SC-2 I I I I I I I I I I I I I I I I I I I 2. Nondiscrimination: a. The Contractor agrees that it has adopted and will maintain and enforce a policy of nondiscrimination on the basis of race, color, religion, sex, age, national origin or disability . b. The Contractor agrees that on written request, it will permit access during normal business hours to its records of employment, employment advertisements, application forms and other pertinent data and records to the City, for the purpose of investigation to ascertain compliance with the nondiscrimination provisions of this Contract. c. The Contractor agrees that it will inform the City in writing of any alleged violation(s) of employment practices, which its employees file with the Equal Employment Opportunity Commission, Labor Department or any other Federal or State compliance agency. Also the Contractor will inform the City of the final disposition of such cases. 3.' Drug-Free Workplace: The Contractor will take the necessary steps to assure that he maintains a drug-free workplace. These steps shall include but shall not necessarily be limited to the following: compliance with the Federal Drug-Free Workplace Act, Substance Abuse and Mental Health Services Administration (SAMHSA) standards and regulations, Federal Department of Transportation laws and State law regarding drug testing. SC-ll. SCHEDULES. ROUTES AND PUBLIC INFOlUvlATION: The Contractor shall submit detailed route maps and route summaries to the Engineer within thirty (30) working days prior to implementation of service. Those routes will be dOCl,unented on detailed route maps which show the area to be collected, the starting point for collection and the exact direction of travel ,md order of travel of streets to be collected. These routes shall be approved by the Engineer prior to the initiation of any service delivery. Notification to customers will be issued by the Contractor within ten (10) working days prior to implementation of service. Notification of customers is the Contractor's sole responsibility. Any subsequent changes of routing or schedule must be approved by the Engineer prior to implementation. All such changed routes must be documented in the same detail as the original maps supplied by the Contractor. Notification of customers ina timely manner about route and scheduling changes, as well as public education and community' outreach programs, is the Contractor's sole responsibility. To ensure coordination of public information, all materials and information that will be disseminated to customers must be pre-approved by the Engineer before dissemination. It is the Contractor's responsibility to coordinate production and dissemination of schedules to allow for reasonable review time by the Engineer, as well as for revisions, and coordination of messages, as well as meeting City publication deadlines, as applicable. SC-3 I I I I I I I I I 1 I I I I I I I 1 I All notices should provide City-wide information to minimize any confusion that might occur between City and Contract Area customers. The public education prdgtam shall include information on recycling and waste reduction, in support of the City's, County's and State's Waste Reduction Programs and Goals. SC-12. SERVICE FREQUENCY: The Contractor shall provide regularly scheduled service for all collections from the curb (or other Designated Collectic)Il Area) to each unit within Contract Area. Frequency of collection will be determined by City prior to an award of the Contract. Alternatives as listed in the bid schedule will be the basis on the frequency of collection. SC-13. DAYS OF COLLECTION: Scheduled days of collection are limited to Monday thru Friday, except for special downtown business district, which incorporate:s Saturday pickup on refuse only. No regularly scheduled collection shall be allowed on Sunday without the prior approval of the Director of Public Works. HOLIDA YS: . , Collection by the Contractor will be suspended. on the observed day of City Holidays as shown below: NEW YEAR'S DAY INDEPENDENCE DAY THAl'OCSGIVING DAY CHRlSTMAS DAY The Contractor shall submit to the City within thirty (30) days prior to the starting date, a schedule of alternate days of collection for customers whose normal collection day falls on a holiday. The schedule will be approved by the City and the Contractor will notify customers along with regular schedule. SC-14. OFFICE: The Contractor shall maintain an office or such other facilities through which it can be contacted. It shall be equipped with sufficient local telephones and shall have a responsible person in charge from 8:00 am to 5:00 pm on regular collection days. The Contractor shall also provide a local telephone number where the Contractor may be contacted at all other times. SC-4 ,I 1 I I I I 1 I I I I I I I I I I I I SC-15. COl\1PLA1NTS: Au complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the Contractor shall investigate and if such. allegations are verified, shall arrange for the collection of the refuse not collected within 24 hours after the complaint is received, unless otherwise instructed by the Engineer. ' SC-16. CARE AND DILIGENCE: The Contractor shall exercise all reasonable care and diligence in collecting solid waste, recyclables, yard waste and bulky waste. Every effort must be make to prevent spilling, scattering or dropping solid waste during the collection process. However, in the event that solid waste is spilled, scattered or dropped, the collector shall immediately clean up the material. Containers must be replaced in an upright position with lids closed. lfthe container falls over, the collector must immediately reset the container. The Contractor acknowledges that solid waste collection easements are frequently co- located \vith other utility easements, Therefore, particular attention must be given to the location of water meters, mailboxes, transformers, wires, utility poles and irrigation structures. Authorization to use the easement d.oes not abrogate the Contractor's responsibility to exerci~e caution in relationship to the property of other authorized users or owners. The Contractor shall be solely responsible for all damages to containers and property ~ resulting from the Contractor's actions or omissions. SC-17. COLLECTION VEHICLES: The Contractor shall provide and maintain during the entire period of this Contract a fleet of solid waste collection vehicles sufficient in number and capacity to perform the work and render the service required by this contract. The vehicles must contain the solid waste, yard waste, bulky waste and recyclables so that no material is spilled, leaked or ' blown from the vehicle during 'its transit to the appropriate disposal site as specified by the City. The fleet must be sufficient to handle the special requirements of adverse weather and holiday overloads. The Contractor's vehicles and other equipment must be clearly identified as determined by , the Engineer. This identification shall be affixed to each vehicle and piece of equipment. All vehicles and equipment used in the provision of collection and removal service shall be in good repair, clean, well:..maintained and free of excessive noise, odor or emissions. The Contractor shall maintain, collection equipment in good repair at all times. All parts and systems of the collection equipment shall be operated and maintained properly. Contractor shall take reasonable care to prevent damage to rollout containers during collection. sc-s I I I I I I I I I I I I I I I I I I I The Contractor shall provide an adequate number of vehicles for regular collection services with sufficient backup collection vehicles in case of mechanical breakdown, to complete contract requirements. All vehicles. and other equipment shall be kept in good repair, appearance and in a sanitary condition at all times. Each vehicle shall have clearly visible on each side, the vehicle number along with the identity and telephone number of the Contractor. The Contractor shall supply the City with a list of all equipment, including equipment identification numbers, that shall be used in fulfilling this Contract and shall notify the City of additions or deletions as they occur. 11: is the City's intent to control the use of the Designated Disposal Facilities by ensuring that no materials from outside the Contract Area are delivered to those Facilities. It is expressly forbidden for the Contractor to deliver any materials, even partial loads, not collected in performance'ofthis Contract, to Designated Disposal Facilities and present them as materials collected as part of this Contract. The City therefore reserves the right to require the affixation of specific identification on Contractor vehicle~ and otheT vehicles used to perform services in this Contract. In addition, the City reserves the right to monitor the performance of the Contractor's duties, including the routes and collections made, customer reports, trips to Designated Disposal Facilities and other destinations, the content of individual loads or portions ofloads disposed of at Designated Disposal Facilities and the Contractor's records at any tilne, in order to ensure the Contractor's compliance with this Contract. Accordingly, each vehicle used by or on behalf of the Contractor in the Contract Area shall collect materials only from Units in the Contract Area while in the'performance of its duties under this Contract. SC-18. TIME OF COLLECTION: The Contractor shall not'start materials collection prior to 7:00 a.m. ~or continue collections after 7:00 p,m. In an emergency, the Contractor may request authorization from the City Engineer to work beyond 7:00 p.m. No collection may occur during the hours of darkness without written permission of the Owner/Engineer. Contractor must 'furnish collection service in ~e 500 thru 1200 block of Broad Street prior to 9 a.m. (0900 hours) each service day: SC-19. DISPOSAL: Prior to the commencement of services hereunder, the City shall provide and designate to the Contractor, a solid waste disposal facility or landfill for the disposal of the refuse collected and removed by the Contractor during the term of this Contract. The Contractor shall be required to dispose of all such refuse Gollected at the designated solid waste disposal facility or landfill site. The City reserves the right to change or alter the disposal facility or landfill from time to time. Should the City change any Designated Disposal Facility to one in an area of greater distance than that previously designated and provided SC-6 1 I I I I I I I I I I I I I I I I I I such new Designated Disposal Facility results in documented increased costs to the Contractor, the Contractor may request additional compensation from the City for its increased costs. Additi6rlai costs will be listed in the bid schedule. No additional cost will be considered for change of disposal location other than those listed in the bid schedule. SC-20. HAULING: All refuse hauled by the Contractor shall be so contained, tied or enclosed that leaking, ,spilling or blowing are prevented. The Contractor shall be fully and solely responsible for any consequential cleanup. SC-21. RESPONSIBILITY FOR MATERIALS COLLECTED: Upon placement of materials collected in performance of this Contract into the Contractor's vehicle, transport of those materials to the Designated Disposal Facility become the sole and complete responsibility ()fthe Contractor. The foregoing, however, shall not be construed to pr~judice any rights the City may have to control the disposal of such refuse, including the d~signation of a disposal facility or the manner or types of refuse disposal. The foregoing, also, shall not: be construed to prejudice any rights Contractor may have against any container customer who places in a container, refuse other than non-hazardous solid waste which is permitted to be collected in Contractor's vehicles and disposed of in a non-hazardous solid waste sanitary landfill. SC-22. WORK: It is the Contractor's responsibility to supervise the work in progress and to provide direction to employees in the field. The City does, however, intend to monitor the Contractors performance, through data tracking and analysis arid through on-site monitoring and inspection. If the monitor records deficiencies which must be corrected, the Contractor shall notify the City when these deficiencies have been corrected. The monitor will recheck the work to determine that it has been completed satisfactorily. SC-23: DESIGNATED DISPOSAL FACILITIES: a. All refuse except recyclables collected as part of this Contract shall be delivered to: Augusta/Richmond County L~dfill 4330 Deans Bridge Road Blythe, GA 30805 ,. (706) 592-9634 CONTRACTOR WILL NOT BE RESPONSIDLE FOR DISPOSAL FEES. b. All yard waste collected as part of this Contract shall be delivered to: SC-7 I I I I I I I I I I I I I I I I I I I Augusta/Richmond County Landfill (Inert Cell) 4330 Deans Bridge Road Blythe, GA 30805 (706) 592-9634 CONTRACTOR WILL NOT BE RESPONSffiLE FOR DISPOSAL FEES. c. All bulky waste, except tires, collected as part of this Contract shall be delivered as , follows: 1. Furniture and related items: Augusta/Richmond County Landfill 4330 Deans Bridge Road Blythe, GA 30805 , , CONTRACTOR WILL NOT BE RESPONSIBLE FOR DISPOSAL FEES. CONTRACTOR WILL SEPARATE MATERIALS AT PROPER DISPOSAL AREAS. 2. Stoves, refrigerators, water tanks, washing machines and related items commonly known as white goods: CO~A.CTOR WILL NOT BE RESPONSffiLE FOR DISPOSAL FEE AND/OR SALVAGE VALUE. NO ADDITIONAL COST WILL BE CHARGED TO CITY OTHER THAN THAT LISTED IN BID SCHEDu1.E. ,CONTRACTOR WILL SEGREGATE THIS MATERIAL AT THE LANDFILL AT PROPER SAL V AGE AREAS AS DETEIUvlINED BY THE ENGINEER. 3. Tires and related items: CONTRACTOR WILL BE RESPONSIBLE FOR DISPOSAL FEE AND/OR SAL V AGE VALUE. NO ADDITIONAL COST WILL BE CHARGED TO CITY OTHER THA1'\l' THAT LISTED IN BID SCHEDULE. The Contractor shall observe the hours of operation of this facility. 4. Recyclables: CONTRACTOR WILL BE RESPONSIBL~ FOR SALE/SALVAGE OR DISPOSAL OF RECYCLED ITEMS TO A QUALIFIED VENDOR AS APPROVED BY THE ENGINEER. NO ADDITONAL COST WILL BE CHARGED TO THE CITY OTHER THAN SAID PRICE LISTED IN THE CONTRACT. SC-8 I I I I I I I I I I 1 I I I I I I 1 I SC-24. EMERGENCY PLAN: No later than ten (10) working days prior to initiation of service, the Contractor shall submit an emergency plan to the City Engineer which shall detail those actions which the Contractor will take to deal with emergency situations such as extreme cold temperatures, snow/ice, fire or natural disaster which would. require a deviation from normal operating procedures. The Emergency Plan shall also include emergency phone numbers for the key headquarters and for key contact persons such that a responsible contact person is available to the City at all times. - SC-25. REPORTING REQUIREMENTS: The Contractor shall be responsible for maintaining and submitting reports on a weekly, monthly, quarterly and semi-annual basis. The Contractor shall maintain and provide to the City throughout the entire term of the agreement a report containing a complete file of service recipients coded by category. The Contractor may also provide all reports on computer disk in a compatible database format approved by the City. Weekly reports shall be transmitted to the City no later than the Monday by 8:30 am. morning following the reporting period. For the purposes of the weekly report, a weekly reporting period shall be defined as Monday, Tuesday, Wednesday, Thursday, Friday and Saturday. Each week's report shall consist of the following information: - Route operational data form - Vehicle identification number/corresponding landfill permit munber - Daily staffing summary - Weekly complaint/unserviced location, complaint resolution and timing of complaint resolution - Daily landfill ticket - Daily route sheet Monthly reports shall include all of the information described in this Section and shall be submitted with a cover letter that abstracts the report and highlights major accomplishments, problems, trends and other pertinent information during the preceding month. The Contractor shall provide data on customer participation rates of refuse, yard waste, recyclables, and bulky waste services for the Contract Area. All reports shall be submitted on a semi-annual basis in accordancl~ with the City's fiscal year (Jan. 1 to Dec. 31). For purposes of reports, the first reporting period shall'be defined as January, February, March, April, May and June. The second reporting period shall be defined as July, August, September, October, November ,md December. The Contractor shall submit reports within thirty (30) calendar days after th.e end of each reporting period. No later than thirty (30) calendar days after the end of the second reporting period, the , SC-9 I I I I I I I I I I I I I I I I I I I Contractor shall submit to the City an annual report covering the immediate preceding Contract year and include the following information: - A collated summary of the information contained in the weekly, monthly and quarterly reports, including reconciliation of any and/or adjustments from prior reports. - A discussion of highlights and other noteworthy experiences along with measures to resolve problems, increase efficiency and increase participation. - A description of all public information programs undertaken with audiences reached and methods of public information programs. The obligation to submit an annual report shall survive the termination or expiration of this agreement. The Contractor shall submit an annual report for the final Contract year of this agreement no later than thirty (30) calendar days after the end of each year of the agreement. The City may withhold payment of balances due the Contractor at the end of the Contract until such final report is received and accepted by the City. All reports shall be submitted in approved format to: Office of the Director of Public Works and Engineering 701 Municipal Bldg. 530 Greene Street Augusta, GA 30911 SC-26.. COLLECTION REQUIREMENTS: 1. It is the purpose of the specifications to provide a framework for accomplishing the result in maintaining a sanitary environment for the residents of the City. This section addresses the collection of refuse from the Collection Area of the City as described in these specifications. The intent of the work is to collect all refuse placed out for collection within the Contract Area. a. Time of Collection: The Contractor shall collect all refuse placed on streets or easements in rollout containers provided by the Contractor. Contractor collection days will be determined from the bid schedule base bid or alternate bid. b. Containers: The Contractor will provide initial rollout containers, and recyclable bins, any replacement containers and bins, and addil:ional containers and bins to customers to be served. The number of containers and bins distributed shall be solely the decision of the Contractor; however, the Contractor is required to provide a minimum of one rollout container and recycling bin per unit. Minimum rollout size will be 90 - 95 gallons. Specifications for rollout containl~rs and recycling bins will be submitted for approval. Repairs to containers and bins shall be performed by the Contractor. This Be-IO I I I I I I I I I I I I I I I I I I I includes replacements of wheels, lids, hinges, axles and handles. c. Places of Collection: Normal Collections - Normal collection points for residential solid waste shall be curbside (adjacent to roadway) accessible to mechanized solid waste collection equipment. Customers shall be notified by the Contractor, using materials pre- approved by the City, that: (1) rollout containers should be placed within two feet of curb with handles facing away from the street. (2) The container should be at least three feet from trees, mailboxes, cars, other rollout containers, yard waste, recyclables and other obstructions. (3) The collection vehicle should have clear access to the container. (4) All refuse shall be placed within the rollout container. Normal collection points will also include Designated Collection Areas in Multi- Family Housing Units and Designated Non-Residential Units. Rollout containers shall be carefully hand.led by the personnel and shall be thorough!y eillptied and left at the premise where they are found, standing upright and with covers placed back on the rollout container. This work shall be done in a sanitary manner and any waste spilled by the Collector shall be immediately picked up by the Collector. 2. Yard Waste Collection: The Contractor shall provide curbside collection of yard waste which is composed of grass clippings, leaves, tree and shrubbery trimmings including branches, tree limbs, bushes, shrubbery cuttings and clippings of trees, shrubs or bushes. a. Time of Collection: The Contractor shall collect all yard waste placed on streets or easements on days as determined from the bid schedule base bid or alternate bid. b. Place of Collection: Normal collection points for residential yard waste shall be at curbside (adjacent to roadway). c. Materials to be Collected: The Contractor shall collect all Christmas trees placed for collection. The Contractor shall collect all yard waste such as tree limbs not larger than four (4) inches in diameter nor longer than five (5) feet and stacked in piles not to exceed five (5) feet in height. Tree trunks larger than four (4) inches in diameter will not be collected. The maximum amount of yard waste in a pile shall not exceed five (5) feet in height by five (5) feet in width by ten (10) feet in length. SC-ll I I I I I I I I I I I I I I I I I I I The Contractor shall have the authority to decline to collect any tree or tree limbs where service has been performed for a fee by person(s) other than the property owner. The Contractor shall collect all yard waste placed in plastic bags. Such bags, if closed, shall be clear or transparent; customers may use opaque bags as long as they are left open. In no case may bags weight more than fifty (50) pounds. No more than thirty (30) bags will be collected each collection day at each dwelling unit. In addition, the Contractor shall collect yard waste which is placed in twenty (20) or thirty-two (32) gallon refuse containers without affixing a lid. All leaves, straw, and grass clippings; yard waste, shall be bagged at curbside. Contractor shall properly dispose of plastic bags to avoid contamination of the yard waste stream. The Contractor shall take yard waste collected to the Designated Disposal Facility as specified. In the event of yard waste set out at a unit in the Contract Area that does not meet the specifications above, the Contractor shall a clearly explanatory printed or hand written notice for the customer and notifY the City within two hours. Following notification by the Contractor, the City will investigate the matter and advise the Contractor of its decision and of any action that is required by the Contractor. If the City finds that the material set out did meet the specifications, the Contractor will be notified by the City and must return and pick up the yard waste within twenty-four (24) working hours of notification. If the City finds that the material set out did not meet specifications, the Contractor will not be required to return to the unit until the next regularly scheduled pick-up. If, at the next regularly scheduled pick-up, the material set out meets specifications, the Contractor shall pick up the material. 3. Bulky Waste Collection: The Contractor shall provide curbside collection of furniture, appliances, tires, and other items as identified in Contract Documents. a. Time and Place of Collection: The Contractorshall provide collection of bulky items within one week of notification by City or resident. The City shall be given a date on which collection will occur. Collection point will be at curbside. b. Disposal: Bulky waste shall be delivered to Designated Disposal Facilities as specified in this document. SC-12 I I I I I I I I I I I I I I I I I I I 4. Container Collection - Dumpsters: The Contractor shall provide collection of refuse container at various locations as identified in attachment. a Containers: Any existing City owned containers will be provided by the City at no charge to the Contractor. Any replacement and/or repair of containers will be the responsibility of the Contractor. b. Time of Collection: The Contractor shall collect all refuse from containers placed at various locations two (2) times per week. The Contractor is to provide a written schedule to customer after approval by the City. c. Place of Collection: All existing placements of existing containers will be considered as points of collection or as determined by the Engineer. SC-27. COLLECTION IMPEDIMENTS: A number of collection impediments may require special efforts to accomplish this level of service. 1. On Street Parking: Certain neighborhood streets permit "on street parking" which may present impediments to curbside collection services, especially automated services. The Contractor shall perform collection services even if the curb is blocked. No additional fees shall be payable to the Contractor for services provided under these conditions. 2. Infrastructure Renovation/Streets Blocked by Construction: Periodically major renovation is necessary to maintain the infrastructure of the City. This includes such activities as replacing gas, water and sewer lines, surfacing or resurfacing streets and replacing wiring for telephone, electricity or cable television. Alternate collection service must be provided during this period of disruption. The Contractor should evaluate each circumstance individually to determine the appropriate alternative. The City shall be notified in writing of the nature of the disruption, its location and the alternative employed to provide service. No additional fees shall be payable to the Contractor for services provided under these conditions. SC-13 I I I I I I I I I I I I I I I I I I I SC-28. CUSTOrvtER COlV1PLAINTS AND NON-PERFORMANCE: 1. Complaint Receipt and Handling: All customer complaints shall be directed to the Contractor for handling. The Contractor shall notify City in writing of each complaint reported to the City in the Contract Area. It shall be the duty of the Contractor to take whatever steps may be necessary to remedy the cause of the complaint and notify the City of its disposition within one working day (eight work hours) after receipt of the complaint by the Contractor. 2. Damage Claims Resolution: The Contractor shall provide the City with. a full written explanation of the disposition of any complaint involving a customer's claim of damage to private property as a result of actions of the Contractor's employees, agents or subcontractors. 3. Public Information Regarding Complaint Procedures: The Contractor shall notify all customers about complaint procedures, rules and regulations on a semi-annual basis and whenever there is a change of service, day(s) of collection, procedures, etc. Notice is to be in the form of printed matter distributed by the Contractor to all units served by the Contractor. All notices must be pre- approved by the City prior to use. 4. Failure to Remedy Complaints: Failure to remedy the cause of the complaint as provided for in the paragraphs above shall be considered a breach of contract. The City will have the right to send a monitor out to check on the resolution of any complaints. If a monitor records deficiencies, they will notify the Contractor of such deficiencies. The Contractor shall notify the City when these deficiencies have been corrected. The monitor will recheck the work to determine that it has been completed satisfactorily. If the monitor finds that the deficiencies previously noted were not corrected, a charge of current monitor time at actual cost for the monitor's time and associated other costs will be deducted from the payment to the Contractor for each inspection until all noted deficiencies have been corrected. . The foregoing does not preclude any other remedies associated with failure to collect or other contractual requirement. SC-14 I I i i ! I I I I I r I N -u ~ mo "'-c =:0 3'" 0)(1) _0. (1)("') 0.0 c= ::s(1) -.(') -- '" -. o l::s CD)> I\J~ ..4(1) CD 0) I\J I I I I '1 I ~ I I ~ I. . . I Il III ,I 11 .;1 if ~I lif I Ii I Il~' II It" . If I ,I!l_.~ l ~~ ~jIYS" .r'o CONTRACT DOCUMENTS Al\rD SPECIFICATIONS FOR COLLECTION OF SOLID W A"STE, YARD WASTE RECYCLING AND BULKY 'N ASTE - PHASE II AREA 11 THRU ~4REA 18 ..I' PREP ARED BY PUBLIC WORKS AND ENGINE][RING DEPARTMENT BETWEEN CITY OF AU(;USTA .& I, It I BFI WASTE SYS1~EMS, LLC ROOM 605,1\IUNICIPj~II BUII~DING 530 GREENE STREET, AUGITSTA., GEORGIA 30911 Bid December 2001 rv Awarded March 2002 -~~.~;;,- I I I I I I I I -I I I I I I I I I I I PROPOSAL FOR COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING & BULKY WASTE- PHASE II Project Reference 2000-008(B)1 Augusta-Richmond County Commission-Council Municipal Building Augusta, Georgia 30911 Gentlemen: The undersigned as bidder, herein referred to as singular and masculine, declares as follows: 1. The only parties interested in the proposal as principals are named herein; 2. He has carefully examined and fully understands the Contract Documents, including the drawings and technical specifications; 3. He has made personal examination of the site ofthe proposed work. He has satisfied himself as to the actual conditions and requirements of the work; and hereby proposes and agrees that, if the Proposal is accepted, he will contract with Augusta-Richmond County to furnish - all machinery, tools, apparatus and other means of collection. Also, to do all work and furnish all materials called for in accordance with the requirements of the Director of Public Works, and the true intent of the Contract Documents. He will take in payment for each item of work, thereof, the unit or lump sum price applicable to that item as stated in the schedule below. (Note: Bidders must bid on each item.) 4. Augusta-Richmond County reserves the right to select item 1 on each section of the Bio sheet, and may elect to exercise the option of sel.ecting or rejecting item 2 and/or item 3. Augusta-Richmond County reserves the right to r~ject any and all bids. BB-l I I I I I I I I I I I I I I I I I I I INFORMATION FOR IUDDERS Bids will be received by Augusta-Richmond County Commission-Council, Georgia, (hereinafter called the "Owner"), at the office of the Purchasing Director until 11 a.m., , 2001 and then at said office publicly opened and read aloud. Each bid must be submitted in a sealed envelope, addressed to Mayor and Augusta Commission at Augusta Municipal Building, Augusta, Georgia 30911. Each sealed envelope containing a bid must be plainly marked on. the outside as bid for COLLECTION OF SOLID WASTE, YARD WASTE RECYCLING AND BULKY WASTE and the envelope should bear on the outside the name of the bidder, his address and his license munber, if applicable. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed the Mayor and Augusta-Richmond County Commission-Council, c/o Clerk of Commission-Council, City-County Municipal Building, Augusta, Georgia 30911. All bids must be made on the required bid form. All blank spaces for bid prices must be filled in, in ink or typewritten, and the bid foml must be fully completed and executed when submitted. Only one copy of the bid fOilll is required. The Owner may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within sixty (60) days after the actual date of the opening thereof Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the bidder. Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by examination of the site and a review of the drawings and specifications including addenda. After bids have been submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done. The Contract Documents contain provisions required for the implementation, performance, and construction of the project. - Information obtained from an officer, agent, or employee of the Owner or any other person shall not affeet the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the Contract. Each bid must be accompanied by a bid bond payable to the Owner for five percent of the total amount of the bid. As soon as the bid prices h,lve been compared, the Owner will return the bonds of all except the three lowest responsible bidders. When the Agreement is executed the bonds of the remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the payment and performance bond have been executed and approved, after which it will be returned. A certified check may be used in lieu of a bid bond. IFB-l I I I I I I I I I I I I I I I I I I I A performance bond and a payment bond, each in the amount of 100 percent of the contract price, with a corporate surety approved by the Owner, will be required for the faithful performance of the Contract. Attorneys-in-fact who sign bid bonds or payment bonds and performance bonds must file with each bond a certified and effective dated copy of their power of attorney. The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance bond and payment bond within ten calendar days from the date when notice of award is delivered to the bidder. The notice of award shall be accompanied by the necessary Agreement and bond forms. In case of failure of the bidder to execute the Agreement, the Owner may at his option, consider the bidder in default, in which case, the bid bond accompanying the proposal shall become the property of the Owner. The Owner within ten days of receipt of acceptable performance bond, payment bond and Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the bidder may, by written notice, withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. The notice to proceed shall be issued within ten days of the execution of the Agreement by the Owner. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and the Contractor. If the notice to proceed has not been issued within the ten day period or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Agreement and complete the work contemplated therein. A conditional or qualified bid will not be accepted. Award will be made as a whole to one bidder for each section. No single bidder will be awarded combined sections that equal more than 50% of the estimated total available service units is identified contract area. All applicable laws, ordinances and rules and regulations of all authorities having jurisdiction over the construction ofthe project shall apply to the contract throughout. IFB-2 I I I I I I I I I I I I I I I I I I I Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any bidder to do any of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid. The low bidder must supply the names and addresses of major material suppliers and subcontractors when requested to do so by the Owner. Inspection trips for prospective bidders will. be conducted by the Owner if requested in writing by the bidder. Such request shall be directed to the Director of Public Works by the bidder. The bidder agrees to abide by the requirements under Executive Order No. 11246, as amended, including specifically the provisions of the Equal Opportunity clause set forth in the Supplemental General Conditions. The engineer is the Director of Public Works. All bidders are encouraged to utilize, to the maximum extent possible, local labor forces and suppliers of materials which have residences, offices or places of business within Augusta- Richmond County, Georgia. While Augusta-Richmond County encourages the utilization of local laborers and supplies on a purely voluntary basis on local public works projects, nothing contained herein shall impose any legal or contractual obligation for any bidder to do so. IFB-3 I I I I I I I I I I I I I I I I I I I STATE OF GEORGIA COUNTY OF RICHMOND ) ) AGREEMENT THIS AGREEMENT, made this 5th. day of and between the Augusta Commission, hereinafter called "Owner" and LLC . doing business as a corporation, hereinafter called "Contractor." March ,2002, by BFI Waste Systems. WITNESSETH: That for and in consideration of the payments and agreements as hereinafter mentioned: 1. The Contractor will commence and complete the project of COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING AND BULKY WASTE - PHASE II in compliance with the Contract Documents and within Sections -ILand -1L of Augusta- Richmond County, as said Sections are more particularly described in an attachment to the "Contract Documents" as herein defined. 2. The Contractor will furnish all materials, supplies, tools, equipment, labor and other services necessary to comply with its obligations under the "Contract Documents" as herein defined. 3. The Contractor will commence the work required by the Contract Documents no later than June 3.2002 and will continue said work for a term of two (2) years ending on_ June 3. 2004 , unless the Contract is, at Owner's sole option, extended for additional terms as provided in the Special Conditions of the "Contract Documents" as herein defined. A-I I I I I I I I I I I I I I I I I I I I 4. The Contractor agrees to perform all the work described in the Contract Documents for the period June 3, 2002 through June 3, 2003 for the following sums: Section 11: 286,726 Section 12: 431,952 The Contractor agrees to perform all the work described in the Contract Documents for the period June 3,2003 through June 3, 2004 for the following sums: Section 11: 292,461 Section 12: 440,560 In the event the Contract term is extended for an additional one-year term as provided in the "Contract Documents", the Contractor agrees to perform all the work described in the Contract Documents for the period June 3,2004 through June 3,2005 for the following sums: Section 11: 302,696 Section 12: 456,011 In the event the Contract term is extended for an additional one-year term as provided in the "Contract Documents," the Contractor agrees to perf9rm all the work described in the Contract Documents for the period June 3, 2005 through June 3, 2006 for the following sums: Section 11: 313,293 Section 12: 471,972 5. The Contractor agrees to provide to the Owner, within ten (10) days of the date of notification of acceptance of his proposal, performance and payment bonds in the amount of_ $725,850 , which amount is equal to 50% of Contract Price for two (2) years base or bid sum A-2 I I I I I I I I I I I I I I I I I I I of$1,451,699. (Addendum #1) 6. The term "Contract Documents" means and includes the following: Advertisement for Bids Information for Bidders Proposal Bid Bond Notice of Award Agreement Performance/payment Bond Certificate of Owner's Attorney Notice to Proceed Change Order General Conditions Supplemental General Conditions Special Conditions Technical Specifications Drawings Addenda: 7. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 8. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 9. The parties agree to execute any other documents or take any other actions necessary to effectuate this Agreement. A-3 I I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in five (5) days copies,. each of which shall be deemed an original on the date first above written. ' ~ OWNE . ~~jay ~.- NAME: TITLE: A~w' BY: TITLE: A-4 ~. ,.._~~'ll.~,~,\ ". ~\CHMO^,/) ~l\b ;..,~ 0.000.000 Co ~A. ,,":'''' 0" "o~. VA ,,~~ 0" o. ~ 'fA 1"" o. r.. .....,~ P;;;;;l .~ "o,.t.~ ,,~: :.~ (SE~ :' _: ~ ~ ~t'l.., ~. .~~ ~';.~ -o.~' A TT~~: ..00 'f'~ ...0 S .0 ..., _ Ore..oooe- ... - \: GEORG\l'- -- . \\.1l.'lll: ~~ I BY. ;,.... ~''.'--0 _-". ~ ~-::-~~-~-: ~i::;.( /:-' ...' -. ,.. .... ~ .~ (SEAL) ~ .'. ~ .--......... _ -... _ ' r - - - - /, ~ ,.- S ~~~-_~~ ~, r;-';"? /:--2 3:~ ATTEST: -;.. ,/:;;:;.,< '..."",.~;:,' "'/-r ,,I"' --..........""'......:..,~'~:.... BY: (~i1:2~,." OOTARY PUBLIC RICHMOND co. GA MY nOI\.lMISSION EXPIRES 02-24-04 , -- fI , , , , . 'I 'I 'I Q , , , , , , .. :SEi~::' i:-;r'm!:~~:t~"fV' ,;-." _. ..J. ~ ~!,~ II ......,1"\,.,,;:; ."-~:L. i:-'I!~nC-' ~-.." 308' .i)rj. ,._~.. -- ;._1.~ H.), ",,;t}~ ,.~~, M~ . ~ ..., "~I "t.,.: SCHEDULE OF PRICES SECTION 11 + 1925 UNITS BASE BID 1. Refuse and Yard Waste Collection at Curbside. Two (2) Days Per Week Pick-Up For Refuse and One (1) Day Per Week Pick-up Oil Yard "Waste. 8.30 Year 1 $191, 785.00 Year.2 $195,621.00 Year3 $202,467.00 Year 4 $209,554.00 2. Bulky Waste Collection at Curbside One (1) Day Per Week Pick-Up For Bulky Waste: 2.31 Year 1 $53,361.00 Year 2 $54,428.00 Year 3 $56,333.00 Year4 $58,304.00 3. Recyclables Collection at Curbside One (1) Day Per '\Veek Pick-Up for Recyclable IVlaterials: 1.80 Year 1 $41,580.00 Year 2 $42,412.00 Year 3 $43,896.00 Year 4 $45,435.00 Grand Total $1,195,176.00' II II II il II II II II II I I I :1 II I I I I I SCHEDULE OF PRICES ':~'. :~:-- ~ ," ..=:.p....:;I~ ~:: '. SECTION 12 ~~~::; ~~: ~~-/ :;~~; C> ~ -'{~' ~1'-~ ~~j ~ '-(~ 8. :~'; .{~ + 2900 UNITS ;'::'."ane: r::. t\ ''''f'J:''''l(jC; " ,I t .,." :.;' r-". \......\ {;""\..j '\ .. "..0-.: . ...,..: ~j, " :.-J ~ _....., . BASE BID 1. Refuse and Yard Waste Collection at Curbside. Two (2) Days Per Week Pick-Up For Refuse and One (1) Day Per Week Pick-up on Yard Waste. Year 1 Year 2 Year 3 Year 4 $288,924.00 $294,702.00 $305,017 . 00 $315,692.00 2. Bulky Waste Collection at Curbside One (1) Day Per Week Pick-Up For Bulky Waste: Year 1 Year 2 Year 3 Year 4 $80,388.00 $81,996.00 $84,865.00 $87,836.00 3. Recyclables Collection at Curbside One (1) Day Per Week Pick-Up for Recyclable Materials: Year 1 Year 2 Year 3 Year 4 $62,640.00 $63,892.00 $66,129.00 $68,444.00 Grand Total $1,800,525.00 -" i: . t I I I I I I I I I I I I I I I I. I JRN-08~2002 03:33 RRC PURCHHS j i'iG 530 Greene Street Room 605 Augusta, Ga 30911 Phone: 706821 2422 Fax: 706821 2811 Fax To: Teresa Smith - Public Works. P.01/04 ...... '..::, "...:.. ,:".,;~";;:-:,~":::~"'r',""',,,;,, - ',,!, "." :\::Ci,tY 'Qf,ALlgus~a'>~:~"::,;Y'::, ',::: '.' , --~'" u' .' ""{''''''_ ~ , . . '. " PurchaSiri!tD~partment. ", :': , ; ." '.' :, ,'), ....'1.t.:",,,::1: ;,~';t.~~'~,,, ': _ ".,. " " From: Geri A. Sams Fax: 706 796-5045 Phone: 706 B21 2422 Pages: 3 Date: January B, 2002 Re: Bid.02-053 Collection Solid Waste cc: SEE BELOW X Urgent o For Review o Please Comment 0 Please Reply o Please Recycle -Comments: ATTACHED IS ADDENDUM 1 - FOR Bid Item #02-0453- Collection of Solid Waste & Bulky Waste - Phase II. Cc: Larry Camp - Dreamsan, Inc, -770-909-7026 Tad Sims - Solid Waste Systems,lnc, - 704-549-932" Chris Mann - Mann Environmental - 706-554-5632 James Brown - Metropolitan Waste ~ 738-5483 Don English - English Waste - 478-237-9800 Charles Wilson - Onyx Waste - 407-464-04B8 H. W. Johnson - Inland Service - 580-353-4557 David Vance -Inland Service - 792-1649 . Steve Cobb - Waste Management - 724-5386 Grady Cleveland - Ridgeway Sanitation - 803-685-571 () Norm Girardin - KMAG - 613-1694 Tina Smith - A-1 Sanitation - 793-8623 Monique Woods - Augusta Disposal- 860-7356 Reese Herron - Economy Sanitation -798-B199 I I I I I I -I I I I I I I I I I I I I IAN~08-2002 03:34 ARC PURCHAS It'iG P.02/04 L L. Zepp - SFI Waste Service _ 860-2106 Melvin Coleman - Coleman Sanitation - 793-9433 Lisle Tyler - Tyler's Sanitation - 803-648-6712 , David Cooper - Red River Service - 580-658-3266 Dennis Rich - Richmon'd Sanitation - 869-8608 . Patricia Hester - Hester's Sanitation - 793-3782 Waller Homesby - City of Augusta - 2819 :1 II :j I I I I I. I. I I I I I I I I. I I I JAN-08-2002 03:24 qRC PURCHASING P.03/04 Purchasing Department Carl A. Sams, Director Mary Bedenbaugh, PurChasIng Agem Room 60S. MunlclpJI BuildIng 530 Greene Streer . Augusca, Ga. 309 J J (706) 821-2422 - Fax (706) 821.2811 MEMORAND UllJ TO: All Bidders fJtb~ FROM: Geri A. Sams DATE: Jan.uary 8, 200:2 SUBJ: ADDENDUM #1 Item Bid #02-053 ,Collection of Solid Waste & Bulky Waste - Phase IT for City of Augusta Public Works Department Please Dote the following changes: BB1 . Must bid on each item in the section you are bidding on 11=81 - Paragraph 2 - Correct mailing address: Gerl Sams, Purchasing, 530 Greene st. Rm.605, Augusta, Georgia 30911 Paragraph 7. - bid bond is 5% of.2 ys.ars. Can be a cer1Jfied check in lieu of bid bond IFB2 - Paragraph 1 - 5D% of contract price for 2 years Paragraph 9 - no single bidder will be awarded combined sections thaI equal more than 50% of the estimated total avaHable service units 1n the ,identIfied contract area. Should a single bidder be the low bidder on a combined section the.low biddEir shall be given first right of refusal on those areas as'required to conform with the aforementioned statement in the contract. Schedule of Prices - Section.14 8,; 14A. Sase bids should be numbered 1 :2,3. GC.01 Definitions #2. .35 Ibs should be changed to 501bs. iJ.6. Bulky waste - delete "off the rim" #23. Handicap/Special Needs - add .~'En8ineer and C;ode Enforcement will determine. special needs. This will be delsrmineq by the next business day.~ ::::::-. I I I I I I I I I I I I I .1 I I I I I JRN-08-2002 03:24 ARC PURCHASfNG #29. Recycle material - add "cardboard." #30. 81/2 x 5" #42. Unit - add "resIdential units will be serviced whether thl:lY are single or multifamily units. There will be no dumpster saNiee with this contracl" SC.23 #3 . ADD "tires will be removed from the rims if they ars disposed of at the Augusta-Richmond County Landfill." SC.2S Paragraph #1 - The contractor shall be rB6ponsible for maintaIning and submitting reports on a weekly, monthly;-quarterly, semi-annual and annual basis, Page SC-11 ADD TO MONTHLY REPORTS "the monthly report shall be submitted by the 5th working day of tne following month and shall include.......... ADD "Quarterlv Reports" Quarterly Reports are to be submitted by the 5th business dCIY of the first reponing period which shall be defined as January, February, March, The second mportlng period shall be defined as April, May, June. The third reporting period shall be July, AU9LJst, September. The fourth reporting period will be October, November, and December. Each quarterly R.eport shall consist of the following: 1.) Cover Sheet 2.) Phone Call Summary 3.) Calls and Complaints 4.) Tonnage Reports 5.) Recycling Report 6.) Non-compliance Waste Report Please acknowledge receipt of addendum in your bid package. If you have any questions regarding this correspondence, 'please contact me at (706) 821-2422. . Cc: Walter Hornsby, Equal Opportunity Officer . Teresa Smith, Public Warks File P,04/04 I Purchasing Department I I Geri A. Sams, Director Mary Bedenbaugh, Purchasing Agent Room 605 - Municipal Building 530 Greene Street - Augusta, Ga. 30911 (706) 821-2422 - Fax (706) 821-28 J 1 I .:~IEA1 0 RA^TJJ ZI1I1 I I TO: All Bidders I FROM: Geri A. Sams DATE: January 9,2002 I SUBJ: ADDENDUM #2 Item Bid #02-053 Collection of Solid Waste & Bulk)' Waste - Phase II for City of Augusta Public Works Department I I Please note the follo'wing changes: BB1 - You must bid on each item in the section you are bidding on I IFB1 _ Paragraph 2 - Correct mailing address: Geri Sams, Purchasing, 530 Greene St. Rm 605, Augusta, Georgia 30911 I I Paragraph 7 - The bid bond is 5% of 2 years and can be a certified check in lieu of bid bond. IFB2 _ Paragraph 1 - A performance bond and a payment bond, each in the amount of 50% of contract price for 2 years, with a corporate surety approved by the Owner, will be required for the faithful performance of the Contract. I Paragraph 9 - No single bidder will be awarded combined sections that equal more than 50% of the estimated total available service units in the identified contract area. Should a single bidder be the low bidder on a combined section that equal more than 50% of the estimated total available service units in the contract, the low bidder shall be given first right of refusal on those areas as required to conform with the aforementioned statement in the contract. - I Schedule of Prices - Section 14 & 14A I I Base bids should be numbered 1,2,3. (new pages to be used enclosed) GC-01 Definitions #2. 35 Ibs should be changed to 50 Ibs. I I I I I 1 I I -I 1 I I I I I I I I I I I , . #6. Bulky waste - Furniture, mattresses, stoves, refrigerators, water tanks, washing machines, and non-hazardous waste materials including 200 Ibs. Or less on construction debris and tires. 1:-23. Handicap/Special Needs - add "Engineer will determine special needs." Any clarification required on handicap/special needs shall be provided by the Engineer upon request." #29. Recycle material- add "cardboard." #30. 81/2 x 5" #42. Unit - add "residential units will be serviced whether they are single or multifamily units. There will be no dumpster service with this contract." SC-23 #3 - ADD "tires will be removed from the rims if they are disposed of at the Augusta-Richmond County Landfill." SC-25 Paragraph #1 - The contractor shall be responsible for maintaining and submitting reports on a weekly, monthly, quarterly, semi-annual and annual basis. Page SC-11 ADD TO MONTHLY REPORTS "the monthly report shall be submitted by the 5th business day of the following month and shall include.......... ADD "Quarterlv Reports" Quarterly Reports are to be submitted by. the 5th business day of the first reporting period which shall be defined as January, February, March. The second reporting period shall be defined as April, May, June. The third reporting period shall be July, August, and September. The fourth reporting period will be OctobHr, November, and December. Each quarterly Report shall consist of the following: 1.) Cover Sheet 2.) Phone Call Summary 3.) Calls and Complaints 4.) Tonnage Reports 5.) Recycling Report 6.) Non-compliance Waste Report Please acknowledge receipt of addendum in your bid package. If you have any questions regarding this correspondence, please contact me at (706) 821-2422. Cc: Walter Hornsby, Equal Opportunity Officer Teresa Smith, Public Works File I I I I I I I I I I I I I I I I I I I TI~LE ~: T' '.\ (r" _ L..._..... of J-; TITLE 4 P1.JBL}C HKt\LTH CHAPTER] ANIlV1ALS AND FO\VL ARTl CLE I IN GENER-\.L ~ 4-1-1. SHORT TITLE, This chapter may be <;iled as the ..111/11/111 CUII/ro! Ordill(lIlC(' ~r,'JlIgfls/(/-Ric"lI/ulI/l COII/I/.\'. S 4-1-2. CREATION Of ANli\IAL CONTROL DEI'ARnfENT; DUTIeS OF .-\l'\TILA.L CONTROL OFFICERS-GENERULY. Th" Augusw-Richmond County Animal Control Dcpunm<;nt is hcr(;by (;swblish(;d. and Ih(; C:ommissioo shall cmploy thc nc<;(;ssaf)' anima! control ofliccrs to administer and enfor<;e the provision, of this Chapter. The animal <;ontTDll1ffieers shall have the authority to issue <;;tJtions for violations of this Chapter and perform such other duties as are prescribed herein. An animal control officer shall wear a numlJ,:red badge idel\lifying him as an animal control officer. S 4-1-3. ORG~'\IZATION. The person in charge or the Augusw-Riclunond COllnty A.nirnn! Control Department shall be knowo as the director. TIle director shall enforce the provisions of Ihis Chapter. and h(; or his duly alllhori:<ed representative shall perform any duty imposed upon him by this Chapler. (a) Director. The director may apPl,int such numb(;rs of officers and othcr employecs as shall be authuriLed 10 .earry oUllh" duties Df th(; deparlment. (b1 Assimlll/ tlirec/or. The director illay desib'l1ale an assisl3nt dire<;tor in thc dcpartment, whu shall. during the abscocc or disability of the director. (;.\ereisc ull the puwers of th~ dire<;tor. (e) Records. The director shall ke~p, or cau;;~ to be kept. a r~cord oflhe business orthe d~partm~nl. (d) I/cpor/s. Th~ directur shall annually submit a rcport to the Augu,tu-Rid1llwnd County ad1l1ini;;rrator covering the w(lrk of the deJ1art1l1~nt during tho: preceding year. ~ 4-J-4. g'lPLEJVIENTATlON OF STATE nANGEROUS DOG COSTROL LA W. (al Desigll(llioll ,,(dog COII/ro! o/ficer.' Pursuant It. the provisions of thc Dangerous Dog Control Loll' of tbe Stalc of Gcorgia rGa. L. ]l18S. p. 8141. the director of 'l11il11al contwl of Augusta-Richmond Counly is hereby d<;sib'llOled dog ccmm'! ~(ficer and shall adminisler and enforce thc provbions of the Dangen1u5 On); Control Law. http://augustallegal/codes/ti tle%2 04/title _ 4_htm 1/9/02 I I I I I I I I I I I I I I I I I I I T.;T~Jt. ~ T'age- (If 17 {I:. I ,. It'" il...... ~Illl,; 111-.11:',: 1...:';.'Il\\\I\~':\ldaLipll:. I,. Clillli",d Lh~' ;mllll~d !""_'!'llb!i:.L. ~l1it! t,~.1 -1.. II' 'lii":: IlK :lrphlpri~ll'.' :llllh\l['ill\,"::', l.,.d' il V~I:';;'.IlI:::, lIl; 1111_" /\111IIl,d ..: I 11\1 I"i. 01 l\u~m.l ~:I' llwl ;, j'll.:'1';,PI: In;I,'.' [).," lJ!'J'".IIllIL''.i \t, l'!.~mpkl:.: 1I1\1..::..pi1'i:d i':' i'\tii h...nn.... {(In\. ;-;i,~:~.1. .'\pril.:. 21lllftl \' ~-1.7.--k ~-\.l:;. HE:~SEI:\'Ejl. ART1CLE 2 A....NIMALS S 4-1-1t1. DEFINITIONS. (aj J)ollleslic allilllnls. J)ogs and cats and others thai live and hreed in a tame condition. (h) Ul'Cmnck. All aoimals of the equine, hcwine, 01' swine class, including goats, sheep, mules. horses, hogs. cattle, and mileI' grazing animals. (c) OWII. To have legal ownership of. 01' [(1 possess, keep, have custody or COl1lrol over, or harbor. Cd) ()\I'ner. Any person, associatinn, fil'lllllr corporation~ nnrurJl or nniticial, owning. posse55ing, keeping, having cusrody of or control or aurhority over, or harboring any domestic a~imal or livcstl1ck. (e) Puolic r()ads. Any street. road, highway, or way. including Ihe full width of the right-of-w~y, which is open Ie, the use "I' the public for vehicular travel. (f) fllI/lIlillg a/large Or strt~I';lIg. An)' animal which is not under manual control of a person and which is on any public road or street of Augusw-Riclur')nd Count)', or on any properly J1llt b(;\lln~in~ \0 tht: owner uf th~ animal, unless by permission of Ihe owner ur such properlY. t.g) Urball S"J1'ices District. That aren cOlcl1ninous with the boundaries of fonner City ur :\ugusta, Gcur,;ia as said boundaries cxisted as of Dcccmbcr 31, 1995. ~ 4-1-17. VACCINATION; \\,1,1[1\ In:QUIRED. (a) No owner shall'c,wn any dog or cat over foul' (4) months of age, withio Augusta-Richmond Coul1iY unless such dog or cat is vaccinated. 111e provisions of this secrion d(. not apply 10 ani1D31s owned, by a licensed resenrcb facility or held iu 3 veterinary medical facility. or govcrtunem-operated or licc:nsed animal sheller. ^1I dogs and eats sha.1l be \'accinated again~t rabies by u lit:cnsc::d vClcrinari:m. in at:t.:(lrdancc with lhl,; latest Compi:mhWH ~r.111;m(J1 Rubies Vl/cciJlL's and Reco1l/welldarioJ1sjnr {11I11111111:0(;01l puhlished by the National Association ('lf~ti.Jle Publit: r'leJ.lth Veterin:.n;uns. (b) No pt:rsnn shall vaccinate dogs or cats aga.inst rLlbi~s \vl1o is .not licens~d to practice veterinary m~dicille. ~ 4-1-18. EVIDENCE OF VACCI;\ATION. ta') Cenificale "(\'Qccillalinll. Evidence of vaccination shall consi,t of a ceniticme, of vaccilmtil1n. The cel1ificme with each item a!1,wered shall be prepared in Iriplieate ~nd signed by the veterinarian administcring the vaccine. One (1) copy or the certi1icolc shall be given [0 tbe owner, one (l) copy filed witb the Richmund Counly health department, nnd on~ 1.1) eupy retained by thc vetcrinarian. .A..ny vctcrinarian is ulIthurizcu and r~qllircd in connection with his praclice to i"ue eenificu\t, of vaccinutinn and vaccination tag" Tht certificate, of vaccinati\lI1 furni,hed 10 the Richmond Coumy health uepamllent shall be maintained in an orderly indexed tile for a period ofoot less than three (3'J years. (bl Vaccillatioll tag.~. Coincident with the issunnce of the certificate of vaccination, the person authori7.ed to tUl1lish the certificate shall also furnish to the OWIler of the \'accinnled dog or cat a serially nl1mbded rag bearing tbe same number as rbe cerri(icate aod the year thereon to be allached Il' the collar or harncss \\'urn by th~ dllg or cal fur wbich the ccni[jeale has been issued. Ic) rn/l're l/Jrrf'~vew'l'(/ccil/c I/Sed. Whcn the animals have bcen vaccinarcd with a thrc('-ycar rabies vaccine. the uireelor may issue or causc \0 be isslIed an aonual cel1ilicale of vaccinal;,'n anu a rahie, vaccination tag ."ach year t()t. the 1'\\,,, (2) additional yeurs (,f the three-year vaccination period j1J'(wicJecJ the Ilichmc'nd County health depal'Tlnent's file copy of the certificate of vaccination shows that the animals have been given a three-year rabies vaccine: in the event the Richmond ('c'"nty healih depal'lment's tile CC1Py or the cenificate of vaccination is unavailable. the owner's copy or the veterinarian's copy of same may h<.: substitutcd thcrclllre. ' http://augustaJ1egal/codes/title%204/title _ 4.htm 1/9/02 I I I I I I I I I I I I I' I I I I I I -rl~' _. : . I c..':' r"a!.!t. 1""' , , :- 01 :.:lllli.l~ 1:11 l;!l'i I, j",: 1'111,'1 l:l::;III.. 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(Ill /'I"rlllilh":tI (In',"" \:1"' pL:I'SlIll sll:.dl !lerli'l'll"r :J cruel ;JL'IIl!1 :111.',' :"mim~ll, II\H shull :"m..''" pl'r~llll h:.inll, ll1iJi1l1 (I]' 1:i11 :.111..'.' :JIlim:..tl, or :'1Ih.:'l11pl hi {h-. Sq; L"'.\cepl Ih:J1 U per,,\."ifl 11'''.\'' (J) Del"t'ntl his per~(H1 nr J1rnpc::ny Of lilt P:::I":'('111 or prnptrry (II" annlher f"I'llln in,iur! or cl:Ull:lgc hc:illg caused 11:.... an ;lIlilllal; C!r (~) ':;11 any animal causing injury or domage tto livtslOck or poultry. te) I'hl'sical (thlfse. II is unlawful li)r any per.,,)n 1(, willfully or maliciously kill; mailll; disfigure; tonure: beat with a sriel:. chain, c1uh or other ohiect: mlllilalt. burn or scnld with nny substance; drive lwer or olherwise cruelly sel upon uny animal; except Ihal reasonable force Illay be employed lCo dri\'~ otT viciolls or In,:spLlssing anil1l~lls. (d) F"ilurc /tJ care.!or lIlIIl /IIuil/win. Ii is unlawful I'or any person to fail. refuse or negle:::1 10 provid::: an)' unimal in his cbarge or eustocly. us oll'n:::r or - othenvist:. ~vith 11rop~r fnod. drink, shade::. care or sheller~ 01' to carry uny unimul in or upon'uny vehicle: in i.l cruel ()f inhumane 111:.mner. Any anitnal habituully kept oatside shall be prn\'ided with a structurally sound. weatherproof enclosure, large enough to nccoll1modale the animal and which meelS all requirements eSlablished by Ihe Hea IIh Depnrunenl regarding same: Ie) Keepiilr; diseased or crippled a/lil/wl. 11 is unlawful lor an)' person to have. keep or hnrbor any auimal which is infected wjlh any dangerous disease or nn,\' incurable. painfully crippiing wmJilion. Th::: Animal Conlrol Dcpurlmenl may impouncl such diseased or painfully crippled animaL und all such animals impounded may be destroyed os humanely os possible as soon thereafter us convenienlly possible. In the :::ase nf desrruction of such animal. Ihe unimal :::nnrro! department shallnol be required I" give any notice. This section shall nor be construed to include veterinary hospitals or onimals under aclive velerinary care. (f1 A/I/!Jnritv nf ollilllal col/trol departlllel/t iI/ case (!f'ollilllal lIeg/eel. Whenever the animal control deponment Iind;; thal any animal is or will be witho\ll propel' enre becausc of injury. illness. incarceralion or other \'ollullar,' absence or the owoer or person respousible for the care or such animal. the animal ctllllrol dcpanmclll may pick up Stich animul fur prolcclive catc; unci in Ihe: evcnl L,f sickness or injury, the animal cl1nlwl department 1110,' take such aClion ns called for to rrev~nt undue pain aod suffering, iocluding immediate desn"uction of the unimal. In the event ,uch anin,"1 i, later released. in the discretion of the animal control depanmenl, tf< its owner, said "wner shnll be required to reimburse Ihe animal cOlmol depalTment for any expenses incurred in tukin~. an\' action 10 care fe,r said animal. - . S 4.]-28. PER.MITTING FEMALE DOG U, HEAT TO ROAM FREE. 1\11 female d(J~s in hcal shall bc rcslrllined stich thai Ihey cannot roam or run free bCYL,nd Ihe: limils of Ihe propCrly of their l>wners. 11 shall be unlawful for the ()wm:r C1!"-persnn n:sJ1onsible for the care of suc.:h animal not to so resrrict or confine s:Jitl fel11ult:: dog. ~ 4.1.19. DISPOSAL OF DEAD ANT?lIALS AI\I> FOWL. I"a) It shull hi: unluwful to thro\\' or l1Iul'C:: any dead fowl or anlma! on th~" strt:~ts or ulle)'s of Augusta-Richmond Counry, Such fo\\'1 or unil1''IUl. where size will permit. shall he placed in a covered receplacle and the ,allirary depnnment notilied immediately. (\1) It shall he unlawlill for the owner of any dead animal carcass to allo\\' the same to remain in AUh'Usta-Richmond COUllty without disposing of same as provided lor herein. Such owner shaJl immediaTely dispose of the same. If any ;;uch owner violates this ;;eclion, the CL)Ulll1ission, through ils aQenlS aud cmplovccs. sholl procccd to relUDve and dispose of Stich dcad animal cnrcass, ami the o\Vncr shall be liuble 10 thc Cummissioo ami shall DaY I(I-Augusta. Riehn;ond County the sum of twent)' dollars for such removal and disJlo~al. . . - ~ 4.1-30. UtWM' SIWVIO:S IJISTIUCT IJECLAlmlJ BIIW S,\i\'CTL.'ARY .fhe territory within the lIrhan Services District is hereby declared to he a bird sanctuary. ~ 4.1.31. KlLLING. ETC., WILD on M.lGRATORY DllillS. It shall be unlaw Ii" lor nn)' person 10 maim, kill or in any mauner injure any wild or migratory 1:>ird within the Ur1:>an Services District. ~ 4.].31. TRAPPING WILD IJIRDS; HOfiDl\G NESTS. It shall be unlawlili for any person to lrap any mocking hird or any other \\'ild bird. C>r rob tht oests Ihereof ,)f eggs or young. io any of Augusru-Riclunond 1CUltnly CCJ11L:(<.;]'it.:s ur upun or iJruLlnd lhc busin. reservoir ur pumping stuiiun ortbe walcrwork"s~ or c1scwbcn: within lhl.: Urban S(;fvil.:cS District. http://augustallegal/codes/titJe%204/title_4.htm 1/9/02 I I I I I I I I I I I I I I I I I I I Tr!~E " T)Ll!.!t' -; rd'"1; ..;- ;.\-l:.--~'. .;.. i -it.. l:L.",~:I:\'~:!I. A.r~Tl eLL :; STERfLIZATION OF floes AND CATS ~ ~-I- n IJErlI\'JTJOi\S. As ,,,;~d inlhi" arlicl~. Ih~ t~I111: ta} illI;lUal.'/i"ller, Any facililY uJl~raICO by 01' unocr COnlraCI fur thc ,Ialc or uny county. municipal corporation. ur ,,11,,:1' polilicul subdivision oflhc slatc for thr: purfllJst::s of impountling or harhoring s~izeu. stray. h()l1l~kss.. uhunooned.. or Ullwuntc:U dogs. ems. ilnd othc::r lJllil1lj..ds~ an)' vettrim.1I)' hospital or t:linit . operated hy a ve,erinarian 01' veterinarians which (.perates for such pur~"'se in addition ro irs customar)' purposes; ancl any facility operared, owned. or maiolained by n dul)' incorporaled human" socielY, animalwelfure socielY, or other nonprolil 0r~anizalion ror Iht purpost of providin~ for and promoling the welfarc, prol~ctiun. and humun~ Ircatmcnt of animals, (b) !-J'lI/llll1e suciel)'. l\ny unincorporaled nunprolil organi~ulion exislin~ [or the purpusc o[prc:\,(;nlion or cruelly Il1 animols, (") Pllblic ur priFlltC' allill/al re:1ilse, Hurborers o[ unwanlco animals of any breed. including ero,sbrcc:o" who providc ruud. shdler, and conlincmc:nl [or a brJ"(1UP or t1()gs~ jJ hrrouP of Cuts, or iJ combination of dog!' und tats. id) Sexllalll' 11I(1111re <lllil1lal. Any dog (II' cal thai has reached the age of one hundreo eighty (1 SO) days Dr six ((,) months or more. (el Stcl'ili:(1(ioll, The surgical removal of thc reprc,duclive organs of a dog or cat in mder to render the anil11ulunable to reprnduc~, ~ 4-1-72. STEIULlZATION REQliTIUW; I::XCEPTlO'\'S. Co I Any public Dr private animal sheller, animal control agency operated by a polilicul suhdi\'i~ion of this ~mle. humane society, or puhlic or prival~ unimal refuse $hal1ll1uke prC\\'i~i()ns for the ~lerili7mi0n of all dng~ or cats acquired from such sh~lter~ ogeney. sClciety. or refuge hy: (1) Prnviding ~rerili~o[ion hy a licensed veterinarian hefore relinquishing custody nf,the animal; or (::!) Em~rillg int() fl wrirten ~gl'eeJ11ent with the person ncquiring such animal b,TUof:lI1ree.ing that $lerili7.fltioll will b:: performed by n licensed veterinarian within Ihiny (30) days aner acquisilion of such animal iu the case or an adult animal or within thiny (30) days of Ihe sexual maruril)' of the animal io the Cllse of an immature animal; pro\'idc:d. however. lhutlhe rc:quiremeills of Ihis Code section shall r,ol opply 10 any privatcly owued animal which any such sheller, u~enl'Y. :-;OCit::tYI or refuge may huve- in its possession for an).' reason if the owner of such ani1nul cbims 01' presents evidence that such animal i~ th~ I1Tollerty of such person. (b,1 All costs of sterilization pursuant to this Chapter shall he the respnnsihility of the person acquiring sueh animal and, if perf.,nnect prior to acquisition, lOllY be included in uny fees chargecl by the shelter, agency, society. or retttge io'r such animal. (ci An)' person acquiring an animal Ii'om a public or privale animal shelter. animal conn'ol agency operated by a political subdivision 01' Ihis state. Illlmane suciclY, or public or privale unimal refuse, which animal is not stcrile at the lime o[ aCCJuisilion, shall submit 10 tbe animal shc:llcr, animal contl'Lll agency, humane society, Dr public ll1' privale animul refuge a si!:~leo statement from the licensed vele,;narian pertllllning the slerilization required hy pam!:'Tuph (2) of subsection (a) of this (','de section within seven (7) days aner such sterilization arresting that such sterili7.ation has been performed. (d) F.\'e~' public or private animal shelter, animal control agency operated hy a political subdivision orlhis state, humane ~ociery, or public or private animal ref\tse selling or otrering for salt or exchange any dog or car shullmoimain und furnish to auy person acquiring an animalli'l'm such sheller. agenc)'. society. or rdi'gc a clln'~nt lisl oi" \'cl(;rinarian" li~cn,,(;d in this ,Iatc wDo ha\'(; nnlificd Ihe sheller, agenc:", so"iet)'. or refuge Ihallhcy arc willing 10 Dcrfunn sterilizalions and the cost for sueh 11I'o"~dures, ~ ~-I-73. FAfLURI:: TO CO:\'II'L\'. II shall he," misdemeanor 10 i"ail orref'Lse \() comply with the requirements of !i 4-1- n and any person convicted nf suidl11isde111e~n,'r shall be sllHect to a tine not to exceed 111"., hundred dollars IS20(1.01l), CHAPTER 2 http://augusta/legal/codes/title%204/title_4.htm 1/9/02 I I I I I I I I I I I I I I I I I I I TiTL~.~' Pa'2.':;: lJ or 17 l-.t:1l1l1"1I'," ..111\1: -,I.';":.-'\;. ,"k.:1l ;.i\i1i ::;\,-11,1;':. r:llI:;~ -;.;1"0 ",,'i \:1111.;:1;.;;~ II. l~.i':!lill..qll", .qll,I:. '.I~III:':.I:; \ "..:;..:r'; Pl:r:;U::lli 1",- ',~Till\.:rl t:"lHrn-:~; ill' "ri...: :IPJ'1I'i";:.! 1\: Ill', .. '"Il.:.:II':!,... "1',11111'11111 ( ; 111111:. 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(~I'I hl" pcr~:ull :..;h:JJlI:II(IH'jll~I.': and Wilhl.lul 1lI11!lCll'il>' ~nll':r lIP(11l 111(' lalld PI" I'rL:lHi:;t:,. 1\(1\', (II" ill 111(' !"lIIurt.:', (k::;i~IH.:d ~l:-, ~!lI /\U!.!lI$I~I.P.ii.:hm(H1d C(IlItlIV bfltlnJ/ ~,ilv \\'ill1(11/1 lilt: l'XPh:S:-; plTmi~:sj,'n (Ifill.... tlin.:ctol' tlr Iht.' lalltlrill or hi:. ddc~:IlL:: nor shall all.... p..:rson Lllll\\'in;;ly :md with\tUI ~H;(hl)ril~, r~muih Uptllllh\.'. land ('I prt.:l11isL~:" 11(\\'.'\11' ill III:.: f'ltlur;.', designt.::d:J.'i:J 1;Jlldlill sill:. ;.tllt.'r tli:.: p",'nnjs~;illll nl' [he dirL't..:llIl" ni'lllL' IUlIclfilJ PI' hi:, dt:h.:g:.Ht.- Ila.... heen \\,j[hdr<Jwl'l, {hI Np perSOn shall 1~1111\....jngl.\' ami wilhplIl aUlllPrity remllVe iJl1~' l1lutt:ri:.1h: frolll tile lalld OJ" prel11ist:~: no\\' OJ" in IhL' future t.1csigned as iJ lumJlil1 sil":. illCltlclill~ hUI llOI limilcc'1 t(. mUI!.:r!;)l t..:on:-;tiruting rc:sidelHiul ~lld commercial s,'J!jcl WU:,{c. IJ'Ui;h, lill t::.JIl!\, ~Iass hottlt's. r;:II'b:IC!C:. I1lhhish, cli$c:Jl'dtd mJleriu.ls. sand. ~ra\'t:l. sbg. Of olllt:r refuse. (c') ,\nl' person or pers(,ns fhilin:; to campi\' \\'ilh the lawful provisions of Ihis sceti(,n or anI' net pwhibilcd htreh\' or failin!; 1(' (Ic, nn\' act IIlDlllhHtd hertbv shall he ~uilty of.lI1 ofrense anuul'on trial as ~ misdemeanor and wnvietion, shall bl" sub.i~~tlt"lhe penalties provid~d in ~ 1-6--1.' . ~ "-2.5. RErUSE ACCEPTABLE FOR DISPOSAL AT SOLID WASTE LAi'iDFILL. (a) Thc fullllwin:; refuse shull b~ ~onsidcrcd Lt> be uceeptable for disposal by the counl)': (1) G"rb"!;,,. PUlrcscibk: animal und vegelubk wuSles resultin:; from Ihe handling, preparation, euoking andior consumptiun of foods. (2) :h/,~'s. The residllc fmm Lhc burning of wood, coul, coke or olh~r malerials. (3) Rubbish. Non-puLrcsciblc solid waSI~S \:xcluding ush~s, eonsisling ofpupcr. curd board, tin euns, yard clippin:;s, wood, glass, bedding, crockery, metals und uny tree trunks, limhs or other "pud products, provided thut uny such i.ems lurger thun li1Ur (4l inches in diumeter, shull he ~ut into four-ront lengths. (4) Dc:ad animols, Sm:.lIl dead :,.lnimuls~ !lot eXl;~ec.iing sevemy.fjvt (75) pounds in weight, which die in the llon11ul course of comn1unity activity, excluding condel11ned anil11als, shall be accepted at rhe disposal site upon request. (h) The li)l1(1wing I'eruse sl1UlI he considered to he unacceprahle 1,,1' disposal by the coumy: (I) Dungernus moterials or subs.ances, such os poisons, acids, caustics, infecred l110Lerials ond explosives. (2) Unusual quontiries of materials resulting Ii'om the repair, excovation or consrruction of buildings or stnlc.rures, such os eOl1h, plaster, mOl1ar and roofill[; rnoleriols. (3) The solid w3stes resulting li'om industrial processes. (4) Solid \\"asle thai has been bllmed andhas any evidence of smoke, spark or tire remaining. (5) Sealed drums. [3ch l1ruUJ must have an open lOp tor inspect iou, No drum for liquid storage will be 3ccepled for disposal. [cl A sepamte 3rea shall bt provided allhe landfill I,)!" the disposal of StlllnpS, logs, ,'ther buildiog materials, and tires thar cannot be deposited in the reguJ3r lundlill sil~. (d) All industriul, gc>vcrnmental und commercial wasl~ haulers shall place a decal furnished by Augusta-Richmund Counly on their vthide thai denotes the cubic yard cUJl3dty heing huuled imo the lundtill. (el The fees fill" the disJl(,sul of refuse shull be fixed from time to timt hy the AuglL,w-Richmond C,;unty Commissinn und kept on file in the office of the coullty admillistrotnr Gild shall be published at the landfill sire. * 4-1-6, FEES FOR USI'; OF i\UGUSTA-RICIlMOI\'D COUi\TYSOLlD WAST!, L;\"IIlFlL!.. (a) F'"cr. The l"ollDwing fees shall he charged for use orthe Augusrn-Richmnnd Coullty solid waste Inlldtill: http://augustaJlegallcodes/title%204/title_4.htm 1/9/02 I I I I I I I I I I I I I I I I I I I T)TLE 4 T~ ::.t~(. of]; (I" "II\': IiUV! i:.ld~ll~...:d lll\l-' i, lill..... l\....~...:pl;~':t.. .;; ;".H\l~l!JI\:' ill::\;:!l._,.! /'1: :::1:11 111\'1)(,'1"1'" '.1: I..:i '"111"- p..:r."',HI i.: 111\" ",,"lilT III 1...:1I:1I1l il'l l;l\'..iu! 1"'~;;;~:s.";I(lllllf :..;u~l, prl.lpl:rt.. i.H Ita:: rirsll,hl~,iIH:d C/.llbi.:ltllll'lhl: "'XIIL'l (\1" 1',:11:1/)[ ill 1:1'," rul rH.'S.-;'.'SSllHI ,Ii Ill\il:~,> liw :.1"':1 I:; dUll': lIlHh:r I hI.:' pt:l~;ullal dill.:'l'.t11l1i (Ii 111:'-' (,..".It~t CI~' 1~:Il:..In~. :di 1'1:1 111~lllT CllIl:-iI:;[t:nl \':ill: Ill\.' public '."'t,:11:.11 t". ~ .->'1.1.("('1"1.:1:1:',(; STI:I'T.T.' ANI) .~I/lI:W,\l..k~: I'HOIIII:ITLlI. 1\ ~;hi.tll h\,. ullliW..rlll rIll" ~11l~' ptrStlll H' pl~II.:;;:, :iltlll:. ti1l111j".', pad: ll~' hl"~':IlJc:J.'a :lily .iLIlll:. 1l11.'1:..1l.. hricl~hal:\. SIPIlt.':-;, pbstt:r, lumhel', Iri.l:>h.. g:Jrh;J~L:. liller. papel" Ill" Silllil:J1 I'uhhi.-.:.h and .iulIl. UPll/J :Ill:: puhlic mrCCL or ;,;ic\t~\\';lIi: III .;;uglJ~;I~,-Hichlllond Cnunry. .A" w;cd in Ihi~: ~c('lifln. "jul\l:1I includl::::. \'.'il!H"'lIi limilatioll i"lppli~IIt.:L'~. hlftliltlrL. i.J1ll! (dlll.::r bId!; ill_.ms llOll\ltl.sid(:r~d lIsu~llllf..lP:;\.:II(d(1 garI.KI~c.;:. Till.: Snnil.:llillll dc.:panlllL:llI i~; not n::sp;:J/l~~ihh: 1"01' L:t.dkclioll ~llld..'(Il' di:spus;.tl "I" sll'~hillnL. cll1d ~llchillll\.. ,h,,\Il\o! h~ c(llk:;tcLi Iw thc ,:.lI1il:lli"lI Licp"rllI1L"nl. hulmuSI be' disp<lsL"d "I' Iw Inl' "wnL"r l,,'thL" pl"l'pLTI~' on which il i;; h'C"lctl. ~ .j-2-1l1. pL..lerNC. TIII((J\\,IN(;, ETC.. DA'\CI::IWU.s OU.JECTS 1'\ STIU::ETS ANI! SIIlEWALKS "IIOIIWITEIl. It sll:..lll be unl:Jwful fill' UIlY pt:rson to plucL' or Lo throw or 1(\ lcave or ;;!h<lllc.lon on any street in Augusta-Richmond Cnumy uny glu~s houle or C:.1I' or the fragments thereol: or any hroken glass ht1ttle nr crockery C1I' any kind. or nails, !(lcks, hrickhats. or any article or ohjectlikely'ro injure bare/r\ot persons using such s"',,cts or sidcwalks orlO injure or puncture the tires or vehicles llliliziug pneumatic tires /.)f" their locomotion. S ~-2-1l. l'-EEI'L\lG CRATES, flUXES. ETC.. O~\STREETS A"i[) SJJ)CWALKS PROHillfTED: EXCEPTIOI\'. II shall be unlawful for any person to keep on the streets or sidewalks in Augusta-Richmond Couniy any crales, boxes, or nny similar COntainers, except all\hor~cd trash reeeplUclcs. ~ ~-2-12, CHURCHES AND punLlc PLACES; UTTERING .<x-"'D SPITTING PROHlnITED. II shall he uniJwruJ for any pcrson 10 spil or throw hulls. pedings or other lillcr upon the sidewalk or in or upon thc floors or L"hurehes. publiL" halls. thealcrs. buses, autlitlll;ums. and olher simibr puhlic places. . R -1-2-13. DISTRIBUTING IlA'\"DBTLLS Ai'll) ADVERTISlroi(; ;\'IATTER lN AUTOMOnTLES. 01\' PRIVATE l'Tl.OPERT\' I'ItOHffilTED; EXCEI'TIO~S. ia) It shall he unlawful to) place in or on any automobile in Augusta-Richmond C:ounry any handbill. circular, pamphlet. poSter, postcard, or other liter:lture exc~ill with Ihe permission. express or implitd. of tbe owner or occupal1l of such a\lI(,rnobi1e. (b) 11 sh~\1 be unlawful for any person to place on privatt properr)' any handbill, circular. pmnphlet. poster, poStcard. or otber literal1.lre except with the pennission. express or implicd. of the owner of the property or intendcd recipic;nl. ~ 4-2-]4. TRANSPORTING REFl:SE IN VEHICLES REGULA TED. 11 shall bc ualawful for any pL"rson, rinn or corporal ion to lransporl any garbage, trash, refuse or other cargo UPOQ the public lhort>ug:hfarcs in Augusltl- Richmond County if the same jx of a character or substance which is likely to be deposited from the motor vehicle onio the public riglllx-of-way, unless the 5,Jme is secured by containers. tarpaulin. or other device in such fashion as to effectivel).' prevellt such deposit on the puhlic J'ights~(lr-\\':JY. ~ 4-2-15. DUTY OF OWNER. OCClIl'ANT. ETC., TO I":EEI' I'ROl't-:RTY L1TT1<:H FR1':K. The owners, OCCUp~I1[S and lessees of all properr)', jointly and severally. are required to rel11l1'.'e all liner and place the same in prl'j.>er containers. Vacant lots, b(>l'c1ers. parking lots. embankments. feaees. \\"alls and sidewalks shall be kepl free of lilter. Par1:ing lots. shopping centers. coovenieoee stores, drive-io restauraOIS and all other commcrcial and indllslrial enlerprises shall scc 10 illhal lheir rcspective propertics arc kept liucr free. S 4-2.]6. DL'TY OF PROPRIETORS, 1l1lSf:\'ESS H<\?'iAGERS TO ['1SLffiE CLEANLINESS OF AREAS SURROLTNDf:\'G BL'SINESSES. (a) TbL" proprietor and person in charge or every. bi,siness aod L"ommcrcial establishmcnl in Augusta-Richmond ('ounly, juinlly ~nd scverally. is bcrcby r<':l\uir<.:d tn keep the drivewuvs, yards. parkjn~ Ints and areas adiacent there.to anti under his CIlI1ri'oI clean at all times and \(1 place sweepin~s in a container to prevent resc~rtering, (b) Any proprietor or person in charge of a business which offers curh service shall be responsible lor all paper. trash or mher refuse deposited on the street or sidewnlk by his :;USlomers. Any person in fronl of whose place of business retail or II'holesaie trnnsactions are made shall be responsible fOJ" all tr3sh or other refuse dcposilCll on Ih~ strcet or sidewalk as the result of such Iransaclioos. (C) It shall be uolawful ror any propcrly owner OJ" tenant 1(, pL"nnil wastc paper, paper cups or food wntainers of any kind to remnin unsecmcd on his prnperty, hut the same shall be placed in a closed container immediately.after use. It shall also he unlawt'ul for any propel1y owner or tenant III pennit any waste paper, paper cups or other paper products t(> blow from any premises owned or controlle,j hy him onto tht. weets of AUb'1lsta-Richmond County. ~ 4-2-17. GRASS.U:A VI'S, TltEI': TRI.\lM INGS. ETC. bttp:/ laugusta/legall codes/ti tle%204/title _ 4 .htm 1/9/02 I I I I I I I I I I I I I I I I I I I 'T! T ~:.S..:! P ag::.-i ? cd' ] 7 :lll:illl'll. a 1",', \.':T;" I:, I )"1:1:"1' '. I. 'J;U i!'. , r:l ',':..:,'11..:. !'it;!, 1\:'; 11\,:,;.'_'UL".1 Jilt:. i: ::'"'ll\'i::ll c. :.L:dt j'I_ :.lll'I\.:::: \ : 11"1: 1'.::I;d [I::". p., ',"hl. .i III j _I" . ..;.~-~~. ... .: t:,"".TIt H\.'l: t'!' i\i.';"lL:<' ;\11 jlL'f.l;OIl.';. rlflll:. III Cnrl';ll;lIii~II:. laitll!;; iI. c\'lIIpl:. \.:ilh IlIL' IIlJIHbl;.lr:: J1hl,:i....i\IIl..: ltL'1 L:ll I ilf d(lin~' ..1Il:. :Ii..:l j';:'lIhil1lt:..:d i1L'r.-i'I~' .'illa!! lw guil\.'. id' all l:.IYL"I}.';~,: ;lI1d, Uptll! :11;.1 a', :1 nl;:~dl'lrll..::illr 11 :lllii L"llll\'lt.:lIol;. Skill h~' :~lIit.I::L': II' Ihv pt"n:dlic::-: I'ntvid=d Ill~' 1-1.-]. ,~4->21>. \ :~,.'\IITII()I(IIj.J' 1','1'\-:1: FI.:I:i:\KT \\'ITIi IU.:n:I'TACI.LS (>I: C()I':TI:r--T,';. II .'I.lail 11l" 1I11Iil\\'I"1l1 1'.'11 :111> 1I1\;IlHhllrii',crl pCr~,lI11 jc. depi,sil Ill' t!lrl'l\\ :lll,\' ~lnll'lr.. or SUhSI~lIl(;~~ il'l ~11l:; t'C'l:t:"pf:lcl::: 1'111 ~~Irkl~" amI tr:J~;ll (illdudil\~. WiLII('UI \iI1\1la\il',Il\, ~~\rh:lg.(' ~1I11! 11':1.,11 dllll\l-'51L:j';~ hdfJll~;I1~ III l'lIml\ll'rci~ll t'~,lilhlisIJlllL'llbt U!' III !'Cl\1(I\'l', iJl,i\ll'l~ lll' (h::slr(l~,., lIn;;II\'(:1' (Ii' III an:-' 1\1(11111\;1" 111('\-'-": 1)1 di~-:lllrl,l ~lIch I'l':Cl:ptil::!e llJ' un)" ptll'liul1 \.If ib c:unlr.:nb, {(In:.J. 593~~, .luly I :~, I ~1{17, f. .-2-17.--.-2-3(.. R[SER\'Cll. .<\RTICLE 3 GARBAGE COLLECTION IN URBAN SERVICES DISTRJCT. S .-2-37. DeFINITIONS. (a) B/lJ'ill~J'J' district. The area of lhe Urbnn Scrvices District boundcd on the nonh by the Savannah Rivcr, on tht casl by the eastern sidc of f'ifrh Streel, ou the sOllth by the suuthern side of Walker Strect and on thc weSI by thc western side of Thirteenth Street, and nny olher arca which m~IY, from lime to linH:. be so deS;h'l1ated hy the. Commission. (h) R<,sid2l1till' disrrict. All areas of the UrbUll S~rvices District oth~r than th~ business diso'iet. ~ .\-2-3R. ACCLlI\'IUl..A TIO~ OF GARBAGe. CTC.--GEI\'EIL-I.LL V. II shull b~ unlawful for any l'~rson t" accumulale garha:;e and trash exeert b~tween regulm l;oll~cti(1ns as specified h,. tb~ sanitation departm~nl, it b~in!.: tbe purpose Jnd intention hereof (0 require the placing Inr collection of all garhage Jnd trash accumulated up t(l the time (If collection and to probibir the holding' over oj' garbage (11' (rash beyond such regular collections. S .\-2-3'). COLLECTION DA YS, (3) Garbage shall be C(1l1ecled in the business district each night, Monday through f'riday, except holidays. Garbage shall be collected from restaurants and bU5incss establishments in Ih~ business district caeh week day night Monday through Saturday. exccpl holiclaY5. (b) Garbage shall b~ collected in Ih~ rcsidcotial distriel on weck days as specified by the sanitation deparLlTICnl for the dilTcrcnt areas. Tree trimmio~s. leaves um] rough rrash will he wllccted on such week days, holidays cxe'~pted, as shall be detel1nined by tbt sanitation depanmeJ1l under Ib~ pm\'isions of * 4-~-41. ~ 4-2'40. WHE:'\' c'ARBAGE TO BE PLACeD AT com: NO BACKYARD GARBAGE PTCKUP. In th~ residential distriel, garbag~ shall be placed 00 [be edge of lh", curb nm later than t1:00 A. M. Oil all days Up,11l which garbage is 10 he wlkctd, und ill tbe husiness disrrict not later than :1:1)1) 1'. IVI. 011 days UpOIl which garbage is lobe collected. Nn garbage shall he plJced on tbe ~treets in the residemial di~triet aner the Iasl collectioD 00 ['riday auel bel'ore the following Jvlonday. No garbage shall be placed on Ibe streets in the business district after the last collection on Satnrday and berore the following Mc.nday. No garbage sball be picked up from th~ b~tckyard of any property in the residential t.!islriel. S .\-2-41. PAPER. PASTEBOARD BOXES, ETe. REQUIRED TO BE FLATTEI\"'ED FOR COLLECTION. All paper, past~board boxes, cardbuard boxes or otbcr similar eontaincrs whco placed at proper points for collection shall be Oaltcned sO as to DCCllpy as litile space as pnssible. When nallened, sucb containers shall he SlUe ked ill a manner that will penn;t convenienl removal. Garbage, bits of paper, and o[ber t.!ebris ~Ilnllnnt he plac~d in the aforementioned colllaillers. ~ 4-2.42. SAI\1E--I'EIU,'IIT FOI{ IU:I\'lOVAI.. It ~hall he unlawful li)r any persnn [,1 pick up or remove any paper, pastehoard boxes or other material that lOa)' he placed outside stores and places of business in Augusl3-Riclunond Connty unless stich person has the perrnission'oftbe business owner. http://augusta/Jegal/codes/title%204/tjtle_4.htm 1/9/02 I I I I I I I I I I I I I I I I I I I ,. ~: 1~L-[-::: P a~:: j:~ (,1' 1 '7 ~. .;..:'.:-": L 111 :Fjl';i'l'li 1.1',:'1. liij ,"/;;i',.-..'(I". /\11'. 1I:llilr:dh' IICCtlrl'lI1L' I.",drall;'; l1IillL'r~d Slil':':~ll~:', ~.l:\lar~lhj:. illi.' ;:nIl11l1'_Tt'i~dl. ll:,;~'~l rii"II.:!":-.. ~:pL't"ijl,..t1I.. l!t\' :.tsll'.:sliI;.,nll \":tri:..:ti~::. ..! ;..\.:rpl..'lll;n._", (:l1r::';;llih.: ~:lImnllll~'H.IIllil'."~'IUlllTill:". ;I;lll';;ill..:. ridll..':cLllL, ct'I,~i\l1ilih..:. ';lnlllttpll:.l!I\L', (rt.'nll,IIl~' ~;II-.l :'ICtlli'.!il;,: . (1)1 l:i,"1I1II'iJit:{II' \I',:~.\'''' nIL'a!'l:; amI illdwiL:', till' l~dJp\\'illg: f111'wJ,.-dI',',.'/i:"d: I FU.\"lt'.'. which l1ll:;iJll~: all H.'i,.'()h',ni;',ahk human t;:;:;lle~. and hill!) parE; \\'hi;.:h ~lh: rt:lni'\'L'" Ullrillb' sllrgt'r::'~ n!Jsh.:tric:.JII'I"\I,.:edlll'l":::. i..IlItC'j"):-i:, "-lIlt ~ lal II',r:lll)r:: l'llIL'dl\lrt'~:. C!i /);fllo.';,:;c:u{ \\'0,';1,.'. wlHtlllllt4lns hllll~ hk.(ld ~Hld hlond pn'l{hlcl~":, eXlI(ltltt:;. ~c:crelinl1!l, slIcrinnill:!s) :..lIlcll)lher hull-: hody iluicts which ~anll()1 ht" or ~.Ht: nor dirl.:l:tly dl::;t.:~lrdt:t1 intl,' ~I I1Htnicip~lI 5(;\\-"('1" SYSll:lTl. 131 ('u!lures and SIL)Ck:; or illl"tclious agetlls and aS$(,ciJtcci biological" including cu!lnrc> l'n:>m medical and pnthologicl1llahormories, cultures and stocks or inli.;cli~\lIS agt:I1lS IhHll r(;~c~lrt:h and inulIslri;..i1 bbllr~llll'il:s, Wi.lsl(;!:i from thL.' prudut:liLlIl or biulogil,;tds, discan.k:t1li\!l..; t1nd i.Itlcnlli.llt:d \'ucc.:inc~;, untl culture dishes "ntl devi~~s used \I, [mnSr~r. l11 nst:Ubte. and mix cultures, (4) CunWmin"led animal ~arcaSSeS, bntly pans, their bedding and mher wastes from sueh animals \l'hi~b h,Nt been eX]1ns~d to infectinus ag:nls. ~apahle of ciJusing diseuse in man, during' research. production nfhiological. or testing of phunnaccLlticuls. (5) Sharps, which means any discal'dtd al1icle Ihat may cause punctures 01' cuts, Such \l'aSle includes, hut is not limiled to. items such as needles, IV lubin~ and syringes wilh needles allached, ami scalpel blades, (6) Clwllw/hemp" \I'IISIi~, which mcans an)' disposnl malerial which has come in COrllJcl with cylotoxiclanlineoplastic agenls lagents toxic 10 cells) andior antincuplasli~ ag~nls (agcnts Ihal inhibil or pr~\'cnl Ih~ 1,'I'owlb and spread of tUll10rs or malignanl ~clls) eluring Ihc pr~paration. hundling and administratiun of sll~b agents, Sucb \l'uste includes, bUI is nnl limited to, l11asks, gl()\'~s. gOll'ns, empty TV tubing bags anu vials, and otber cOl1lu1l1inuteumaterials, The above waste mUSI tirsl he classitied as empl)'.. which means such in quamity Ihal il is nOt subjecr 10 other federal 01' state wasle management regularions prior ro being handled n$ biomedical \l'aSle, (7) Discarded medical equipment and pans, 001 inclllliing t~:peodabk supplies and materials \l'hich have nol been decontaminated. thai were in conlact \vith inrt,;t:tiDlIS agenls. (c) [oJ/ccwr. Any person ur pcrso.ns~ (inn or corpomLion who, under :Jk'Tec:mcnLs, verbal or wrillcn, with or without C:Olllpc.:osalion. docs the' worl.:. of C("\.Ht:clin!; and/or transporting usb~stos .mtl/or bioll1t:ui!.:al- \"'ast~ fi'Olll industric:.s, nffil,;~s. retail nutlets, businesses,. institutions LlT1dior similar !oc.;utions, ~)}' fr0111 I'esiciemial dwelling, Ii 4-2-52. ~lANIFI'sr FOI{M REQUIRED, No collector shall be allnwed 10 dispo,e of ash est os and/or hiomedical waSle at the Au:,:usra-Eichmond Coumy landfill without obtaining, atkast ten (10) day, prior 10 disposal of' Ihe asbeslos and/or biomedical wasle al tht landlill. a manifest form from Ihe solid I\'<lste engineer of Ihe laodtill andlor his representative. providing thc required infum1aliun as (0 malerial generation, transportalion and disposal in ac~ordane~ \l'ilh Georgia Department uf Nalural Resources; En\'ironmentall'role~ti()n Divisinn. Rules and Regulatinns. ~ 4-2-53. INSPECT10NS. All colle~tors shall allow authori~~d representatives frmnthe.landfill, during the perind of'time prior 10 uisposalof the asbestos anulor binl11edi~al waste at the IJndtill. access 10 [he removal site for inspections, ~ 4-2-54. Ol;T-OF-COl.lNT\' WASTE I'ROIIIIlITI':n. No ~(>lIector shall del'o,il asheslos andior biomedical ivasle at the landfill that is not genel'il[ed \l'i[hin [he l)oulll1al'ies of the county, except pursuanl to a cOl\lracl wili) .~\llSlisI3-Richm(lnd CiJunry. S 4-2-55. I'ENAL TY FOR VIOLA T10N 01' ART1CLE, Any col1e~lor failing 10 comply. with the bwl'ul provisions of this aniele.or doing an)' acl prohi'oited by Ihis article or tailing to do any act mandated by this arlicle: shall be :;uilly or an oncosc, and upun trial as 1I misdemeanor and con\'ictioo, shall bc subject 10 th~ p~oallies provided in S 1'-6-1. Any ~ollcctor wbo knoll'ingly makes any falst stJlemelllS. represt11lmion nr certification in any appli~Jti(ln, re~ord. r:port, plan or (llher documents filed or required to be maintained j1U1'suant to this anicle shall, upon conviction, be subject to the penalties provided in ~ 1-6-t. ARTICLE 5 http://augusta/Jegal/codes/title%204/title_4.htm 1/9/02 I I I I I I I I I I I I I I I I I I I t.... T.ITL.E 4-- r'ag~' 1~' cd' '! -. 1 t <~. V~:It';I, tho: IIP.::~.tl~:::ljIJ~.; l.rfWt" .:i!:tI: lId" r:I'~' ':"I;lIIl'4'..i;~ !'I'lp~', 1l1:;P~'CIIII!: .....~IlT~llIt II; I.! 11 \I.:! 1::lllU.i:. prv"''''I.'I.; h... I:n', F. :,C~.llr:. 1.."1".\1:.. r,', t'\'.'II'_'~ II: 11,';:llp:nJl or:III',",./JII:,:1 11~.T..r':III;I\'IIl~' ;'II:lr~',:.' '-':11\- :". i:;\fllll\~ "; tll;' !"lr:lpI.TI~ ~:IJ~II~ lai: l-I:'lk:;~k:":l, i111..:~ P:.","t'.:: ll:~lll:::a I", lIiad~ :1; In':lr-:il': pr(,.;"t:j III f'I"m,'li:. /It"mlll C'lIlr:'lllcr(:illI1:: Ill;' IlI\C~~li~;;II11;' ;'dTiL't:!. 1.',1' tll::~ nllrrlL-''':'I.l:'III'~I1t::~II'l!i :111(\ t.'::,lIllill:1I11"Il. plIrr;U:lIl1l;", tlli.. (......ric: ;;t"~'liilii. Il'j 'I h:~ i.1I:1.:1l":: <.111:! lH:~pl:'~'li;1I1 I '~:p:lI'\III~,:Il~ ('or lilt 1'.1I'.'lr'-IIIII)[:,)lul ('11.1;' J-.I\i'(!r(:cllltn~ I,JfTil'C''' sl1;JIi Ik ~1\.I111(lri7,l:l:\ III l:';,,,tlt summOll!; I'll;' il-=;Iril\~'.", \'111 :ill:.:~c:d "1l1h11i.,n:. t1f lhi:: lIrdmaIIC': illlhl..'\b~I$'ral(. ("lllln t"l:'I~i~:i1mt.llid ("llllll,\'. I; .:-;-7\.. PENi\ l;rIrs. ;\n:: !",t.'l':--l,111 r~ll\i\\~ III ct"ltllpl:: willi Ih.... 1;l\\'litl pn:l'.'t.-.;il)II:-: f)rllw, unil,:!.: (II' d1l1L1~ ~III,\'.' aL'1 pl"(,hibitt:d ht.:n::hy (II' r:lilin~ t(l d(1 UIl:. ~t(:l m;Jl\d:Hl..:d "ii..:n.:~b~ skill bl.' :;'lIi\t~, lIr tll\ tll"i'l.:l\sl..:, :tlldupon lri~\l :.V: ~1 ll1iSlkmi.:~tnul sl\;dll'~i.' :-itlb,i\""Cl \'.1 t'llth Iii":..: j1t...:ll;d:ic,~ j1w\'iLltYJ b:-' :: l-i~-l. ;Inti u-' al1~,' 01' al! td' (hI,,: li,ll(\\','in~ pcnullies: l<.l) III thl: sound disr.:I\.:tiun ur nll,,' lrial t.:llllrL thl: vil.llullIl" 111:.1:, I'll.' onIL'I'J.;U ['I 1'l,.:11111Vl.: rrum ~llly propt.:fl! l'or wl11t.:h thL' Vil\li.tlur is n..:spollsibli,: the unlawful :.ll.:clIl1111kltion llr sen...!]) lin:s und 10 COllle in full <':OJ11pliun<.:c.' with thi~; unit:lc. (hi in the sound discretion of th~ trial wun, the violator IllUY he ordered to remove frOIll the j1mpeny "runother any unlu\\'ful aeeulllululion of sefllp tires for which the violUlor is responsihle. (e) -Il,e violator shull he sllhjeellll civil redress hy Augusta, Georgia in U coun of compe!el1ljurisdictioo. it heing the intenl of ,'-ugusta, CieNgio 10 hove hath Ihe civil Dad criminol rights of prosecution jlllhi~ orc.?_ . lOrd. # 6146. April 6,1999) http://augustallegal/codes/title%204/titl e _ 4.h tm 1/9/02 I I I I I I I I I I I I I I I I I I I SECTION BB BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto Augusta-Richmond County Commission-Council, Georgia, as Owner in the penal sum" of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this day of , 2001. The condition of the above obligation is such that whereas the Principal has submitted to Augusta-Richmond County Commission-Council, Georgia a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing for the COLLECTION OF SOLID WASTE, Y ARD WASTE, RECYCLABLES AND BULKY WASTE - PHASE II. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance" with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability ofthe Surety for any and all claims hereunder shall, in no event, exceed the penal amoUnt ofthis obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. BB-6 I I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, the Principal and the Surety have hereunto set these hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. L.S. . (Principal) (Surety) By ATTORNEY IN FACT SEAL BB-7 I I I I I I I I I I I I I I I I I I I SECTION NA NOTICE OF AWARD TO: BPI 683 Commerce Court Evans, GA 30809 PROJECT DESCRIPTION: Collection of Solid Waste, Yard Waste, Recycling and Bulky Waste: Sections: 11 and 12 The Owner has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated December 2001 , and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of $1,451,699.00 . You have agreed in your Proposal to execute the Agreement and furnish the required Contractor's Performance Bond and Payment Bond within Ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within Ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 15th day of March, 2002. BY~ D....J TITLE: -f) l'~y t lJh\lL l~ ACCEPTANCE OF NOTICE . /I/l ~eceipt of the above NOTICE OF A WARD is hereby acknowledged on this /~ay of _ ~,2002. . BY: ~~c3# . TITLE:~~ I.~ NA-l I I I I I I I I I I I I I I I I I I I CNA SURETY BID !BOND KNOW All. MEN BY TIfESE PRESENTS, that we SFI Waste Systems, LLC as Principal, hereinafter called Principal, and the National Fire Insurance Company of Hartford corporation duly organized under the laws of CT Surety, hereinafter called the Surety, are held and firmly bOlllnd unto City of Augusta as Obligee, hereinafter called the Obligee, In the sum of. Five Percent of Amount Bid ,a , as Dollars ($ 5.00% ), 'or payment o' which sum well and truly to be made, the sal,d Principal and the said Surety, 'bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the Prlnclpal has submitted a bid for Residential Garbage Services - Section 18 Pro~ded that obligees' acc.eptance o. prlnclpal's bid &I this bid bond shall constitute llJPproval of the performance bond, attached hereto, 'or use In connection with the contract; NOW, THEREFORE, If the Obligee shall accept the bid of the '.rlnclpal and the Prlnclpal shall enter Into a Contract with the Obligee Inauordance with the termlS, of such bid, and give such bond or bonds as may, be specified In the bidding or Contrlllct Documents with good and suniclent surety for the faithful performance of such Contract and for the promp1t payment ,of labor and material furnished In the proseartlon thereof, or In the event of the failure of the Prlnclpal to enter such Contract and give such bond or bonds, If the Prlnclpal shall pay to the Obligee the dlrrerencenot to exceed the penalty hereof between the amount specified In said bid and such larger amount for which the Obligee may In good faith contract, with another party to'per'orm the Work covered by said bid, then this obligation shall be null and void, otherwise to remain In full force and errect. Signed and sealed this ,/ 17th January, 2002 day of SFI Waste Systems, LLC Principal I (Seal) ~7 , i 8 : i rney NationEII Fire Insurance Company of Hartford Surety (Seal) Attorney-In-Fact I I I I I 'I I I I I I I I I I I I I I NOTARIAL ACKNOWLEDGEMENT-PRINCIPAL STATE OF ILLINOIS COUNTY OF DUPAGE On the 17th day of January, 2002, before me, Patrice L. Laughlin, a Notary Public of the State and County aforesaid, residing therein, duly commissioned and sworn, personally came Esther C. Jimenez, to me known, who being by me duly sworn according to law, did depose and say that she resides in Illinois; that she is an Attorney-in-Fact for Allied Waste Industries, Inc. and its subsidiaries, and that she executed and delivered such instrument on behalf of said corporation as its voluntary act and deed for the uses and purposes therein mentioned. NOt.rr ; OFFICIAL SEAL PATRICE L, LAUGHLIN NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires 9/19/04 NOTARIAL ACKNOWLEDGMENT -' SURETY STATE OF ILLINOIS COUNTY OF DUPAGE On this 17th day of January, 2002, before me, Patrice L. Laughlin, a Notary Public of the State and County aforesaid, residing therein, duly commissioned and sworn, personally came Phyllis Boyd, to me known, who being by me duly sworn according to law, did depose and say that she resides in Illinois: that she is an Attorney-in-Fact for National Fire Insurance Company of Hartford, the corporation described in and which executed the foregoing instrument: that she knows the'seal of said corporation: that it was so affixed .by order of The Board of Directors of said corporation and that she signed this name thereto by like order: that she executed and delivered such instrument on behalf of said corporation as its voluntary act and deed for the uses and purposes therein mentioned. ~< cI~J~d,' Notary Public' . ' ~ OFFICIAL SEAL , PATRICE L, L,A,~JGHLlN NOTARY PUBLIC, ST/\ i::' cr ILLINOIS My Commission ~Xr::('2::: 0/19/04 ~-- ~-~, - I ALLIED WASTE INDUSTRiES INC. I I I POWER OF ATTORNEY I Allied Waste Industries, Inc., incorporated under the laws of the Slate of Delaware, and having its chief place of business at 15880 N. Greenway-Hayden Loop, Suite 100, Scottsdale. Arizona, 85260, hereby makes, constitutes and appoints Weible, Cahill & Company, LLC, acting through and by William P. Weible or William F. Cahill, Theresa A. Snow, Esther C. Jimenez, Patricia J. Kenis or Molly Moran, its true and lawful attorney and affix its corporate seal to and deliver for an on behalf as surely thereon or otherwise, bonds of any of the following classes, to wit: I 1. Surety bonds and/or bid bonds to the United States of America oragency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; license and permil bonds or other indemnity bonds under the laws, ordinances of regulations of any state, city, town, village, board, other body organization, public or private; bonds to transportation companies; lost instrument bonds; lease bonds, worker's compensation bonds; miscellaneous surety bonds; and bonds on behalf of notaries public; sheriffs, deputy sheriffs and similar public officials. . I I I 2. Surety bonds and/or bid bonds on behalf of Allied Waste Industries, Inc. and ils subsidiaries, included, but nollimited to, Allied Services, LLC, Allied Waste Systems, Inc., Allied Waste Transportation, Inc., American Disposal Services of Missouri, Inc., and SFI Waste Systems of North America, Inc., in connection with bonds, proposals, or contracts. I To sign and seal all bid bonds and surety bonds on behalf of Allied Waste Industries, Inc. and its subsidiaries, relating to the provision of solid waste collection, transportation. recycling, or disposal services by Allied Waste Industries,lnc..and:its, subsidiaries. . Allied Waste ,Industries, Inc. hereby agrees to ratify and confirm whatsoever Weible, Cahill &-Company, LLC shall lawfully do.pursuant to this power of attorney and the procedural guidelines set forth to Weible, Gahill & Company, LLC, and until notice or revocation has been given by Allied Waste Industries, Inc. the acts of the said attomey shall be binding on the undersigned. I I IN WITNESS WHEREOF this POWEROF ATTORNEY has be7n signed this 1 on behalf of Allied Waste Industries, Inc: by its Vice President, L;V:I, Mr. Steve Allied ;I~ By: c,;1Z: Steve U1 day of April,. 2001, elm. I I . State of Arizona ss. County of Maricopa I Subscribed and sworn before me this iOU' day of April, 2001 by Steven M. Helm. I JANET L WEEMS Notary Publla - Arizona MARICOPA COUNTY My Commission Expires JANUARY 14. 2003 I I I 15880 N. Greenway-Hayden loop, Sle 100 / Scottsdale, AZ 85260 / 480.627.2700 / 480.627.2701 FAX I POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT I Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation. National Fire Insurance Company of Hartford. a Connecticut corporation. and American Casualty Company of Reading. Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"). are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make. constitute and appoint William P. Weible. Mollv M. Moran, William Cahill, Kimberly Sawicki, Deborah Buss. Esther C. Jimenez. Amy E. Callahan. Patricia J. Kenis. Phyllis Boyd. Kimberley K. Libers...Melissa Newman. Individually I I I of West Chicago, Illinois their true and lawful Attomey(s}-in-Fact with full power and authority hereby confeirred to sign. seal and execute for and on their behalf bonds. undertakings and other obligatory instruments of similar nature . ---: In Unlimited Amounts -- I and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney. pursuant to the authority hereby given is hereby ratified and confinned. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 14th day of January. 2002~ I I Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania I I ~-l~ /l-~ Michael Gengler Group Vice President State of Illinois, County of Cook, ss: . I On this 14th day of January, 2002, before me' personally came Michael Gengler to me known, who. being by me duly sworn, did depose and say: thatheresides in the City of Chicago, State of Illinois; that he is a Group Vice President of Continental Casualty Company, an Illinois corporation, National F'ire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; I that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. I +'" .'}~tf ~~l"{'.:'/ ,. J' j ..~/,...'!' ~tfi/ J'l.~ ...+ I MOFFICIAL SEAL" ,I" DIANE FAULKNER Notory Public.. State of Illinois $ My Commission Expires 9/17/05 J i" /' J 1''/ / I..' ~..".- .1,../t..~ J / .~...,/ / / ...+ >>~ .~~ I Diane Faulkner Notary Public My Commission Expires September 17, 2005 I Mary A. Ribikawskis Assistant Secretary I (Rev. 10/11/01) II -1 I. --I I. I I I Georgia, as Obligee, hereinafter called the Owner, in the penal amount of Seven Hundred Twenty Five Thousand' .Ei9ht Hundred Fifty & noI1000011ars ($' 725.850.00 ) for the payment whereof Contractor and Surety bind 11 11 Il I I IJ 11 11 IJ 11 I 11 :. \ SECTION' PB PERFORMANCE BOND . '.;;-!:. (NOTE: TIllS BOND IS ISSUED SIMULTANEOUSLY WITH P A Y1vfENT BOND ON PAGE PB-3, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL) KNOW ALL MEN BY THESE PRESENTS: That 'SFI Waste Services; LLC as Principal, hereinafter called Contractor, and National Fire Insurance Company of Hartford a corporation organized and existing under the laws of the State of Connecticut , with its principal office in the City of Hartford , as Surety, hereinafter , State of _ Connecticut called Surety, are held and firmly bound unto Augusta-Richmond County Commission-Council, themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. WHEREAS, Contractor has by said written agreement dated entered into a contract with Owner for the COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING AND BULKY WASTE - PHASE II AT AUGUSTA, GEORGIA, in accordance with the drawings and specifications issued by Augusta-Richmond County Department Public Works, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. , NOW, THEREFORE, the condition of this obligation is such that; if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect.' The Surety hereby waives notice of any alteration or extension of time made by the Owner. A-S "1 II 11 I i Ii - I II f - , - I I 11 IJ Ii Ii 11 Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: (1) Complete the CONTRACT in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a. contract between such bidder and O\.\;'ner, and make available as Work progresses (even though there should be adefault or a succession of defaults wider the contract 'or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which [mal payment under the CONTRACT falls due. N!J right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. IN WITNESS WHEREOF, this instrument is executed in ~ (munber) of counterparts, each of which shall be deemed an original this 1.Lday of _ March, 2002 ATTEST: SFI Waste Services, LLC .gjf~ By , . s;r' ,'+s ofi)c.etL . 3 Commerce Ct.. Evans.~A 30809 . (SEAL) Address . (principal) Secretary ..... -~ "' W' ess as to Principal) ,-...". '::{:>"~""~"~ ' ~94:irA/i/f{~ > tltlf;/iJ8A (3lJj{il~'~; ,7": ~.'~ ~~~ ~. Address) :: .. ~'- _~ . NOTARY PUBLIC RICHMOND CO. GA I"IV QOf\f.MISSION EXPIRES 02-24-04 ~ . " PB-2 I I I I .~ Ii I I I-~ I r I I I 11 I~ ~ ---1 II IJ I I'l .' ii III r. * Surety ATTEST: By Attorney-in-fact (Surl~ty) Secretary (Seal) Address Witness as to Surety , , Address Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. ) PB-3 .~"- I I I I I I I I I I I I I I I I I I CNA INSURANCE COMPANIES CNA ~ ChJcaQo. /tMnoI6 6OM5 Bond No. 929237560 PERFORMANCE BC)ND KNOW ALL. MEN BY THESE PRESENTS: That we SFI Waste Services, LLC , PrIncIpal, , Surety, are held and firmly bound 683 Commerce Court Evans, GA 30809 and National Fire Insurance Company of Hartford unto City of Augusta 530 Green Street, Room 605 Augusta, GA 30911 in the sum of Seven Hundred Twenty Five Thousand Eight Hundred Fifty Dollars and No Cents Dollars ($ 725,850.00 ) for the payment of which we bind ourselVes, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. . WHEREAS, PrIncipal has entend Into a contract with Obligee, dated June 3, 2002 for Residential Garbage Service , ObUgee, copy of which contract Is by reference made a part hereof. NOW, THEREFORE, If Principal shall faithfully perform such contract or shaH Indemnity and save harmless the Obligee from all cost and damage by reason of PtinclpaJ's failure 10 to do, then this obligation shall be null and void; otherwise It shall I'8nWn In full force ,and effect. Any suit under this bond must be Instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shaJl accrue on this bond to or for the use of any person or corporation other than the Obligee named heretn or the heirs, executors, administrators or successors of the Obligee. Signed, aeaJed, and dated June 3, 2002 (Principal) SFI w~te Services, L~ . By:-' ~t/7/H) {2 1/J11//)(j~ . {Seal, Esther C. Jimenez powifof ~ttorney (SUrety) f Hartford (Seal) Attomey.fn-Fact G-1CIlII7IoA C'NA JlwAudleC-." 1"1 ......... ,: I I I I I I I I I I I I I I I I I I NOTARIAL ACKNOWLEDGEMENT-PRINCIPAL STATE OF ILLINOIS COUNTY OF DUPAGE On the 3rd day of June, 2002, before me, Patricia I(enis, a Notary Public of the State and County aforesaid, residing therein, duly commissioned and sworn, personally came Esther C. Jimenez, to me known, who being by me duly sworn according to law, did depose and say that she resides in Illinois; that she is an Attorney-in-Fact for ,~lIied Waste Industries, Inc. and its subsidiaries, and that she executed and delivered such instrument on behalf of said corporation as its voluntary act and deed for the uses and purposes therein mentioned. ~lftr fJ;~ Notary Public .OFFICIAL SEAL II J PATRICIA KENIS Notary Public. State of Illinois My Commission Ex. pires 05/14. /O~i ^^"""' ~ NOTARIAL ACKNOWLEDGMENT - SURETY STATE OF ILLINOIS COUNTY OF DUPAGE On this 3rd day of June, 2002, before me, Patricia I(enis, a Notary Public of the State and County aforesaid, residing therein, duly commissioned and sworn, personally came Melissa Newman, to me known, who being by me duly sworn according to law, did depose and say that she resides in Illinois: that she is an Attorney-in-Fact for lIIational Fire Insurance Company of Hartford, the corporation described in and which executed the foregoing instrument: that she knows the seal of said corporation: that it was so affixed by order of The Board of Directors of said corporation and that she signed this name thereto ,by like order: that she executed and delivered such instrument on behalf of said corporation as it;s voluntary act and deed for the uses and purposes therein mentioned. CiJRvjl~ () '!ifu(A.)<'). Notary Public '- "OFFICIAL SEAL II PATRICIA KEN IS Notary Public. State of Illinois My Commission Expires 05/14/05 r~ I I I I I I I I I I I I I I I I I I ALLIED WASTE INDUSTRIES INC. POWER OF ATTORNEY Allied Waste Industries, Inc., incorporated under the laws of thE~ State of Delaware, and having its chief place of business at 15880 N. Greenway-Hayden Loop, Suite 100, Scottsdale, Arizona, 85260, hereby makes, constitutes and appoints Weible, Cahill & Forker, LLC acting through and by William P.. Weible, William F. Cahill, Molly Moran, Esther C. Jimenez, Patricia J. Kenis, Phyllis Boyd, Laura E. Fish, Kimberley K. Libers or Melissa Newman, its true and lawful attorney and affix its corporate seal to and deliver for and on behalf as surety thereon or otherwise, bonds of any of the following classes, to wit: 1. Surety bonds and/or bid bonds to the United States of America or agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; license and permit bonds or other indemnity bonds under the laws, ordinances of regulations of any state, city, town, village, board, other body organization, public or private; bonds to transportation companies; lost instrument bonds; lease bonds, worker's compensation bonds; miscellaneous surety bonds; and bonds on behalf of notaries public; sheriffs, deputy sheriffs and similar public officials. 2. Surety bonds and/or bid bonds on behalf of Allied Waste Industries, Inc. and its subsidiaries, included, but not limited to, Allied Services, LLC, Allied Waste Systems, Inc. , Allied Waste Transportation, Inc., American Disposal Services of Missouri, Inc. and BFI Waste Systems of North America, Inc., BFI Waste Services, LLC in connection with bonds, proposals, or contracts. To sign and seal all bid bonds and surety bonds on behalf of Allied Waste Industries, Inc. and its subsidiaries, relating to the provision of solid waste collection, transportation, recycling, or disposal services by Allied Waste Industries, Inc. and its subsidiaries. /l,llied Waste Industries, Inc. hereby agrees to ratify and confirm whatsoever Weible, Cahill & Forker, LLC shall lawfully do pursuant to this power of attorney and the procedural guidelines set forth to Weible, Cahill & Company, LLC, and until notice or revocation has been given by Allied Waste Industries, Inc. the acts of the said attorney shall be binding on the undersigned. IN WITNESS WHEREOF this POWER OF ATTORNEY has been signed this 2. trt.Clay of fe f,)ht0 ~ ,on behalf of Allied Waste industries, Inc. by its Vice President, Le9al, Mr. Steven M. Helm. :J State of I~r; tt) n&..... } } ss. County of r'l1lt.r; LC pet. } Allied Waste ~ teve . Helm Subscribed and sworn before me this ~ day of iWrttCtrj ,20 02.- by Steve M. Helm. ~. ~;.-::: "OFFICIAL SEAL" . Anna M. paras~ndo :;.- Notary Public-Arizona '. Maricopa c~un . . M" . Commission Ires 1 2005 .;..o........~..::;::.::~~~-~2'8... __".l l-O<ll{(i ; L-fl[ fJ''zfi.J(l/2.i0Lf-~ Notary Public 15880 N. Greenway-Hayden loop, Ste 200 / Scottsdale, AZ 85260 /480.627.2700 r~ POWER OF ATTORNEY APPOINTING IND~VIDUAL ATTORNEY-IN-FACT I Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), are duly organized and existing corporations having thl9ir principal offices in the City of Chicago, and state of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint William P. Weible, Molly M. Moran, William Cahill, Kimberly Sawicki, Deborah Buss, Esther C. Jimenez, Amy E. Callahan, Patricia J. Kenis, Phyllis Boyd, Kimberly K. Libers, Melissa Newman, Laura E. Fish, Individually I I I of West Cbicago, Illinois their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -- In Unlimited Amounts - I I Continental Casualty Company National Fir,e Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania I I I --;it.~ ~f- Michael Gengler Group Vice President I State of Illinois, County of Cook, ss: On this 12th day of February, 2002, before me personally came Michael Gengler to me known, who, being by me duly swam, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American. Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. I I + "OFFICIAL SEA~ .co DIANE FAULKNER I Notary Public:. State of Illinois My Commission Expires 9/17/05 '.:J:~//:~j~:~::~Jflfilft~~ dS)~ ~~ I My Commission Expires September 17, 2005 Diane Faulkner Notary Public I CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corPoration, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attomey herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 1ril day of .llmp 2002 . ~ Co"'"""lal Cas""'", Company Nation;al Fire Insurance Company of Hartford , oOfIPOIlAJ'e ~ AmeriC'an Casualty Company of Reading, Pennsylvania % . ~ 9J . SEAL ~ 4~. a~ 1897 (. cJ I I I Mary A. Ribikawskis Assistant Secretary I (Rev. 10/11/01) ,,' f IJ 11 I] I I Ii I I~ I~ I 11 II _J '] Ij 11 I.J Ii I) 11 SECTION PB LABOR AND MATERIAL PAYMENT BOND (NOTE: TIDS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB-l, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.) KNOW ALL MEN BY THESE PRESENTS: That BFI Was te Services, LLC, as Principal, hereinafter called Contractor, and _ National Fire InsCo'. ofHattfofQ corporation organized and existing under the laws of the State of_ Connecticut , with its principal office in the City of Hartford ,_State of Connecticut , as Surety, hereinafter called Surety, are held and firmly bound unto Augusta":Richmond County Commission-Council Georgia, as Obligee, hereinafter called the Owner, for the use and benefit of claimants as hereinbelow defined in the amount of Seven Hundred Twenty Five Thousand Eight Hundred Fifty & no/lOa Dollars ($725,850.) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for the COLLECTION OF SOLID WASTE, Y ARD WASTE RECYCLING, AND BULKY WASTE - PHASE n in accordance with drawings and specifications issued by Augusta-Richmond County Engineering Department, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of. this obligation is such that, if the Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required to use in the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: . (1) A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor for labor, 'material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the CONTRACT. . PB-4 11 1\ 11 I i1) I~ I I 11 r 11 I I 1".1 j II In .: . IJ 11 11 IJ (2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which t4e last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution the:reon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the: following: The Contractor, the Owner, or the Surety above nam~d, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claiI11 is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notiee shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Contractor ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments : made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement:, whether or not claim for the amount of such lien be presented under and against this bond.. Signed and sealed this day of A.D. 2001. PB-S j I'j 11 -;1 11 I f 11 I It 11 I I 11 "'1 Ii II 11 IJ I I Il Witness (Seal) (Contractor) Attest By (Seal) (Title) Witness (Seal) (Surety) Attest By (Seal) (Tit1~) Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. PB-6 I "t.;.O I I I I I I I I I I I I I I I I I I CNA INSURANCE COMPANIES CNA ",.,., ChICIQO. III/nol. eotJB! Bond No. 929237560 PA YMENT BOND KNOW ALL MEN BY THESE PRESENTS: That SFI Waste Services, LLC 683 Commerce Court Evans and National Fire Insurance Company of Hartford unto City of Augusta GA 30809 , Principal, Surety, are held and firmly bound 530 Green Street, Room 605 Augusta GA 30911 , Obligee, In the sum of Seven Hundred Twenty Five Thousand Eight Hundred Fifty Dollars and No Cents Dollars ($ 725,850.00 ), for the payment of which we bind ourselves. our lega' representatlvea, lucceuor. and uslgns. jointly and aeverally. firmly by these presents. WHEREAS, Principal has entered into a contract with ObUfJ88. dated June 3, 2002 for Residential Garbage Service copy of which contract Is by reference made a part heriot NOW, THEREFORE, If Principal shall, In accordance with applicable Statute.. promptly made payment to all persons supplying labor and material In the pro.ecutlon of the work provided for In said contract, and any and all duly authorized modifications of tlaid cOntract that may hereafter be made. notice of which modifications to Surety .,.Ing waived, then this obligation to be void; otherwise to r.maln In full force and effect. SIGNED. SEALED AND DATED June 3, 2002 SFI Waste Services, LLC ~, (Seal) (PrIncipal) ~ ~ .. b ~ ,- By: .l/l J Jo '. '/ /YJ / . ,,____ Es her C. Jimenez ;:;:;er of Attorney Form G.23214.C National FirE! Insurance Company of Hartford . (SaI) (Surety) Iii '/~ ~ A "\ By: Melis~~;~P""~ Attomey.in.Fact . ~A ... AII"- c-.Il.... ..1IaU' . I I I I I I I I I I I I I I I I I I NOTARIAL ACKNOWLEDGEMENT-PRINCIPAL STATE OF ILLINOIS COUNTY OF DUPAGE On the 3rd day of June, 2002, before me, Patricia Ke:nis, a Notary Public of the State and County aforesaid, residing therein, duly commissioned and sworn, personally came Esther C. Jimenez, to me known, who being by me duly sworn according to law, did depose and say that she resides in Illinois; that she is an Attorney-in-Fact for Amed Waste Industries, Inc. and its subsidiaries, and that she executed and delivered such instrument on behalf of said corporation as its voluntary act and deed for the uses and purposes therein mentioned. · FACIAL SUA!!.." PATRICIA KENIS Notary Public, State of Illinois My Commission Expires 05114{O5 ~"",,^."""'~ NOTARIAL ACKNOWLEDGMENT - SURETY STATE OF ILLINOIS COUNTY OF DUPAGE On this 3rd day of June, 2002, before me, Patricia Kenis, a Notary Public of the State and County aforesaid, residing therein, duly commissioned and sworn, personally came Melissa Newman, to me known, who being by me duly sworn according to law, did depose and say that she resides in Illinois: that she is an Attorney-in-Fact for National Fire Insurance Company of Hartford, the corporation described in and which executed the foregoing instrument: that she knows the seal of said corporation: that it was so affixed by order of The Board of Directors of said corporation and that she signed this name thereto ,by like order: that she executed and delivered such instrument on behalf of said corporation as its voluntary act and deed for the uses and purposes therein mentioned.. (j)tvf;ue,Ul · L:: 1/14- . Notary Public 1 J/{t .oPPlCBAL BAL" PATRICIA KENIS publiC State of Illinois ~~~~mlsslon' Expl~s 05/14/05 (' I '". I I I I I I I I I I I I I I I I I I ALLIED WASTE INDUSTRIES INC. POWER OF ATTORNEY Allied Waste Industries, Inc., incorporated under the laws of thl~ State of Delaware, and having its chief place of business at 15880 N. Greenway-Hayden Loop, Suite '100, Scottsdale, Arizona, 85260, hereby makes, constitutes and appoints Weible, Cahill & Forker, LLC acting through and by William P.. Weible, William F. Cahill, Molly Moran, Esther C. Jimenez, Patricia J. Kenis, Phyllis Boyd, Laura E. Fish, Kimberley K. Libers or Melissa Newman, its tru'e and lawful attorney and affix its corporate seal to and deliver for and on behalf as surety thereon or otherwise, bonds of any of the following classes, to wit: 1. Surety bonds and/or bid bonds to the United States of America or agency thereof, including those required or permitted under the laws or regulations relatin~l to Customs or Internal Revenue; license and permit bonds or other indemnity bonds under the laws, ordinances of regulations of any state, city, town, village, board, other body organization, public or private; bonds to transportation companies; lost instrument bonds; lease bonds, worker's compensation bonds; miscellaneous surety bonds; and bonds on behalf of notaries public;' sheriffs, deputy sheriffs and similar public officials. 2. Surety bonds and/or bid bonds on behalf of Allied Waste Industries, Inc. and its subsidiaries, included, but not limited to, Allied Services, LLC, Allied Waste Systems, Inc. , Allied Waste Transportation, Inc., American Disposal Services of Missouri, Inc. and BFI Waste Systems of North America, Inc., BFI Waste Services, LLC in connection with bonds, proposals, or contracts. To sign and seal all bid bonds and surety bonds on behalf of Allied Waste Industries, Inc. and its subsidiaries, relating to the provision of solid waste collection, transportation, recycling, or disposal services by Allied Waste Industries, Inc. and its subsidiaries. 1~lIied Waste Industries, Inc. hereby agrees to ratify and confirm whatso~ver Weible, Cahill & Forker, LLC shall lawfully do pursuant to this power of attorney and the procedural guidelines set forth to Weible, Cahill & Company, LLC, and until notice or revocation has been given by Allied Waste Industries, Inc. the acts of the said attorney shall be binding on the undersigned. IN WITNESS WHEREOF this POWER OF ATTORNEY hasbeen signed this Ztrt.(jay of fU;>hl4.tj ,on behalf of Allied Waste industries, Inc, by its Vice President, Legal, Mr. Steven M. Helm. . State of /--)r; Zo nc...... ) ) ss. County of (h~;LCptt.. ) Subscribed and sworn befor~ me this 'l-tr-tJ" day of J~rt.tCl(J ,20 02.- by Steve M. Helm. ~:",:;;; ~ "OFFICIAL SEAL" &) Anna M. Parasl?8-ndo ,;' u. Notary Public-Arizona '. Maricopa c~un . . M . Commission E Ires 1 005 .);~j::::.:~:.~l~".. lL/~tl({; j life f-J'~kJ(V2.l0Ln Notary Public 15880 N. Greenway-Hayden Loop, Ste 200 / Scottsdale, AZ 85260 /480.627.2700 I I POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint William P. Weible, Molly M. Moran, William Cahill, Kimberly Sawicki, Deborah Buss, Esther C. Jimenez, Amy E. Callahan, Patricia J. Kenis, Phyllis Boyd, Kimberly K. Libers, Melissa Newman, Laura E. Fish, Individually I " I I of West Cbicago, Illinois their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -- In Unlimited Amounts - I and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attomey, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. . In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 12th day of February, 2002. ~~(:.ASU.1(),J" ~ c()lU>OAATe ~ !z · 1 <6 SEAL ~ 1897 I I I I Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania ~~-~ /l-f- Michael Gengler Group Vice President State of Illinois, County of Cook, ss: On this 12th day of February, 2002, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attomey herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof Ihave hereunto subscribed my name and affixed the seal of the said corporations this 3rd day of June . 2002. i~;:~~~ !z · " <6 SEAL ~ 1897 I I I I I I I I I +' "OFFICIAL SEAL" .f' . DIANE FAULKNER I Notary Public; State of lIIinoi. My Commission Expires 9/17/05 ..~:I:i:~~:~:~fli:~~/~i~.+ My Commission Expires September 17, 2005 (Rev. 10/11/01) J)~ ~~ Diane Faulkner Notary Public Contimmtal Casualty Company Nation;31 Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania ~a~ Mary A. Ribikawskis Assistant Secretary I: I I I I I I I I I I I I I I I I I I ,~ CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned , the authorized and acting legal representative of Augusta-Richmond County Commission-Council do hereby certify as follows: I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto~acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions and provisions thereof. DATE: PB-7 I I I I I I I I I I I I I I I I I I I SECTION NP NOTICE TO PROCEED Attach Notice to Proceed here. TO: DATE: PROJECT: You are hereby notified to commence work in accordance with the Agreement dated , 2001, within Ninety C2.Q) calendar days fol.lowing this date, the date first written above, and you are to complete the work within _ (_) consecutive calendar days after the date of this notice. The date set for completion of all work is therefore .20_. BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged and the same is hereby accepted on this day of ,2001. BY: TITLE: COA - 2 I I I I I I I I I I I I I I I I I I I GC-O 1. GC-02. GC-03. GC-04. GC-05. GC-06. GC-07. GC-08. GC-09. GC-I0. GC-l1. GC-12. GC-13. GC-14. GC-15. GC-16. GC-17 . GC-18. GC-19. GC-20. GC-21. GC-22. GC-23. GC-24. GC-25. GC-26. GC-27. GC-l SECTION GC GENERAL CONDITIONS INDEX TO ARTICLES OF GENERAL CONDITIONS . Section Page No. Definitions Additional Instructions and Detail Drawings Schedules, Reports and Records Drawings and Specifications Shop Drawings Materials, Services and Facilities Inspection and Testing Substitutions Patents Permits and Regulations Protection of Work, Property and Persons Supervision by Contractor Changes in the Work Changes in Contract Price Time for Completion and Liquidated Damages Suspension of Work, Termination and Delay Payments to Contractor Insurance & Indemnity Contract Security Assignments Indemnification Subcontracting Engineer's Authority Land and Rights-of-Way Taxes Order and Discipline Special Restrictions 2 5 6 6 7 7 8 8 9 9 9 10 10 10 10 11 12 13 15 15 16 16 16 17 17 17 17 GC-Ol. DEFINITIONS: Wherever used in the Contract Documents, the following terms shall have the meanings I I I I I I I I I I I I I I I I I I I indicated which shall be applicable to both the singular and plural thereof. 1. ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletion, clarifications or corrections. 2.BAGS - Plastic sacks designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by top. Total weight of a bag and its contents shall not exceed 35 Ibs. 3. BID: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the work to be performed. 4. BIDDER: Any person, firm or corporation submitting a bid for the work. 5. BONDS: Bid, Performance and Payment Bonds and other instruments of security furnished by the Contractor and his Surety in accordance with the Contract Documents. 6. BULKY WASTE: Furniture, mattresses, stoves, refrigerators, water tanks, washing machines, and other non-hazardous waste materials including 200 Ibs. or less of construction debris and tires off the rim. 7. CART: A plastic receptacle with wheels and lid with a capacity of 90-95 gallons. A cart with a minimum capacity of 60 gallons may be substituted to meet special needs. 8. CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents or authorizing an adjustment in the contract price or contract time. 9. CITY: City of Augusta, Georgia. 10. CONSTRUCTION DEBRIS: Waste building materials resulting from construction, remodeling, repair or demolition operations. 11. CONTRACT DOCUMENTS: The contract including Advertisement for Bids, Information for Bidders, Proposal, Bid Bond, Notice of award, Agreement, Performance Bond, Payment Bond, Notice to Proceed, Change Orders, General Conditi.ons, Supplemental General Condition, Special Conditions, Technical Specifications, Drawings and Addenda. 12. CONTRACT PRlCE: The total monies payable to the Contractor under the terms and conditions of the Contract Documents. 13. CONTRACT TIl.\1E: The number of calendar days stated in the Contract Documents for the completion of the work. 14. LIFE OF THE CONTRACT: The total duration of the contract from Notice to Proceed to GC-2 I I I I I I I I I I I I I I I I I I I completion of all the work. 15. CUSTOMER: Means the recipient of collection servic'~s, and can be a resident in the Contract Area, or a Designated Non-Residential Location. 16. DESIGNATED COLLECTION AREA(S): Means that geographic area at which the Contractor will provide collection and other services pursuant to the Proposal. Collection points will be at the curb for Refuse, Yard Waste, Bulky Waste, and Recyclable. Collection points will be at the curb "(on the right of way ifno curb exists) or in centralized areas for multi-family housing, as determined by the engineer and in the back yard for customers with physical disabilities (for refuse collection only). 17 . DESIGNATED DISPOSAL FACILITY: Means a facility to which each material collected under this contract must be delivered. The disposal facility for any or all of the materials collected may change to meet the need and contractual obligations of the City. 18. DESIGNATED NON-RESIDENTIAL LOCATION: Means a non-residential location in the Contract Area that receives collection and other solid waste services from the Contractor. 19. DRAWINGS: The part of the Contract Documents whjch show the characteristics and scope of the work to be performed and which have been prepared or approved by the Engineer. 20. ENGINEER: The person, firm or corporation named as such in the Contract Documents. 21. EVICTIONS: The removal of a tenant from property by legal process. 22. GARBAGE: Every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains, or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable animal or vegetable waste matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of Bulky Waste, Construction Debris, Hazardous Waste or Rubbish. 23. HANDICAP/SPECIAL NEEDS: Any physical or mental impairment which would prevent a resic{ent(s) from moving a 90 - 95 gallon container to and from the curb or designated collection point. 24. HAZARDOUS WASTE: Waste, which is defined, characterized or designated as hazardous by the United States Environmental Production Agency or appropriate State agency by or pursuant to Federal or State law, or waste, in anyamOlmt, which is regulated under Federal or State law. For purposes of this Contract, the term Hazardous Waste shall also include motor oil, gasoline, oil base or lead paint, paint cans or their cans. GC-3 I I I I I I I I I I I I I I I I I I I 25. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the successful Bidder. 26. NOTICE TO PROCEED: Written communication issued by the Owner to the Contractor authorizing him to proceed with the work and establishing the date of commencement of the wo~. . 27. OWNER: A public or quasi-public body or authority, corporation, association, partnership or individual for whom the work is to be performed. 28. PROJECT: The undertaking to be performed as provided in the Contract Documents. 29. RECYCLABLE MATERIAL(S): Newsprint (magazines); aluminum and bi-metal cans; HDPE clear plastic milk jugs and PET plastic soft drink containers; or any other Commodity designated by the City. 30. OUT OF COMPLIANCE TAG: ' An attachable notice which clearly informs the customer that the waste is out of compliance and provides an explanation as to why the waste is not being picked up. Notice should be 8 Y2 x 5 Y2 and red in color. 31. REFUSE: All Garbage, Bulky W aste, Yard Waste, tires and white goods generated by a customer. 32. RESIDENT PROJECT REPRESENTATNE: The authorized representative of the Owner who is assigned to the project site or any part thereof. 33. RESIDENTIAL UNIT: An occupied dwelling (whether a single family home or a multi- family unit) requiring curbside collection. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. 34. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a Subcontractor, Manufacturer, Supplier or Distributor, which illustrate how specific portions of the work shall be fabricated or installed. 35. SOLID WASTE: Is defined as garbage and trash. This may include glass jars, bottles, aluminum cans, steel cans, plastic soda and liquor bottles, newspapers and inserts, plastic soda, milk and water bottles and spiral paper cans, and other solid waste including yard waste, and bulky waste as defined. Residential solid waste shall not include discarded building materials, trees, brush, tires - no commercial tire businesses, and other material resulting from the activities of building contractors, commercial tree trimmers or commercial lawn services, large quantities of sod, dirt and trash from land clearing, and other materials requiring special handling as determined by the engineer. GC-4 I I I I I I I I I I I I I I I I I I I 36. SPEC1FICATIONS: A part of the Contract Documents consisting of written descriptions of a technical nature or materials, equipment, construction systems, standards and workmanship. 37. SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the Contractor or any other Subcontractor for the performance of a part of the work at the site. 38. SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction of the project or a specified part can be utilized for the purposes for which it is intended. 39. SUPPLEMENTAL GENERAL CONDITIONS: Modifications and/or additions to the General Conditions of a specific nature generally aimed! at the specific contract of which it a part. 40. SUPPLIERS: Any person, supplier or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site. 41. TIRES: Any rubber cushioning from a wheel which will include automobiles, trucks, bicycles and other small vehicles. (Excludes any and all commercial vehicles or commercial establishments.) 42. UNIT: Shall be defined as one (1) residential unit, individual apartment or condominium in a multiple family residence, or Designated Non-Residential Location unless otherwise specified by the City. 43. WRITTEN NOTICE: Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address or delivered in person to said party or his authorized representative on the work. 44. YARD WASTE: All tree trimmings, dead plants, weeds, leaves, and dead tree debris not exceeding five feet (5') in length, four inches (4") in diameter or fifty pounds (50 Ibs.). GC-02. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS 1. The Contractor may be furnished additional instructions and detail drawings, by the Engineer, as necessary to carry out the work required by the Contract Documents. GC-5 I I I I I I I I I I I I I I I I I I I 2. The additional drawings and instructions thus supplied will become a part of the Contract Documents. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. GC-03. SCHEDULES. REPORTS AND RECORDS: 1. The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning the work performed or to be performed. 2. Prior to the first partial payment estimate, the Contraetor shall submit schedules showing the order in which he proposes to carry on the work, including dates at which he will start the various parts of the work, estimated date of completion of each part and as applicable: 2.1 the dates at which special detail drawings will be required; and 2.2 respective dates for submission of shop drawings, the beginning of manufacture, the testing and the installation of materials, supplies arId equipment. 3. The Contractor shall also submit a schedule of payments that he anticipates he will earn during the course of the work. GC-04. DRAWINGS AND SPECIFICATIONS: 1. The intent of the drawings and specifications is that the: Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the work in accordance with the Contract Documents and all incidental work necessary to complete the project in an acceptable manner, ready for us, occupancy or operations by the Owner. 2. In case of conflict between the drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. 3. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discov1;:ry of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. 4. All work that may be called for in the specifications and not shown on the drawings, or shown and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both these ways and should any work or material be required which is not detailed GC-6 I I I I I I I I I I I I I I I I I I I in the specifications or drawings, either directly or indirectly, but which is nevertheless necessary for the proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and required and shall perform all such work and furnish any such material as fully as if they were particularly delineated or described. 5. It is understood and agreed that the Contractor, by carefill examination, has satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Major changes in the function of the contract will result. Incidental changes or extra component parts required to accommodate the substitute will be make by the Contractor without a change in. the contract price or contract time. GC-OS. SHOP DRAWINGS: 1. The Contractor shall provide shop drawings as may be necessary for the prosecution of the work as required by the Contract Documents. The Engineer shall promptly review all shop drawings. The Engineer's approval of any shop drawings shall not release the Contractor from responsibility for deviations from the Contract Documents. The approval of any shop drawing which substantially deviates from the requirement of the Contract Documents shall be evidenced by a Change Order. 2. When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification that he has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. 3. Portions of the work that require shop drawing or sample submission shall not begin until the shop drawing or submission has been approved by the Engineer. A copy of each approved shop drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. GC-06. MATERIALS. SERVICES AND FACILITIES: 1. It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature whatsoever necessary to execute:, complete, and deliver the work within the specified time. 2. Materials and equipment shall be so stored as to insure the preservation of their quality and GC-7 I I I I I I I I I I I I I I I I I I I fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. 3. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 4. Materials, supplies or equipment shall be in accordance with samples submitted by the Contractor and approved by the Engineer. 5. Materials, supplies or equipment to be incorporated into the work and purchased by the Contractor of the Subcontractor will be subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. GC-07. INSPECTION AND TESTING: 1. All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards. 2. The Contractor shall provide, at his expense, the necessary testing and inspection services required by the Contract Documents, unless otherwise provided. 3. The Owner shall provide all other inspection and testing services required by the Contract Documents. 4. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness. 5. Neither observation by the Engineer or inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the work in accordance with the requirements of the Contracts Documents. 6. The Engineer and his representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or State Agency shall be permitted to inspect all work, equipment, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. GC-08. SUBSTITUTIONS: 1. When a material, article or piece of equipment is identified on the drawings or specifications by reference to brand name or catalogue number, the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article or piece of equipment of equal GC-8 r I I I I I I I I I I I I I I I I I I I substance and function for those name or catalogue number and if, in the opinion of the Engineer, such material, article or piece of equipment is of equal substance and function to that specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deducted from the contract price and the Contract Documents shall be appropriately modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function of the contract will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. GC-09. PATENTS: 1. The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and save 'the Owner harmless from loss on account thereof except that the Owner shall be responsible for any such loss when a particular process, design or the product of a manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly ~~ves such information to the Engineer. GC-IO. PERMITS AND REGULATIONS: 1. Permits and licenses of a temporary nature 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. If the Contractor observes that the Contract Documents are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in Section 13, Changes in the Work. GC-l1. PROTECTION OF WORK PROPERTY AND PERSONS: 1. 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 material or equipment to be incorporated therein, whether in storage on or offthe site or other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities. 2. 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 whose acts any of them are liable, except damage or loss attributable to the fault of the Contract Document or to the acts or omissions of the Owner or the Engineer or anyone employed by either of them or anyone for GC-9 I I I I I I I I I I I I I I I I I I I . whose acts either of them may be liable and not attributable, directly or indirectly, in whole or in P.art, to the fault or negligence of the Contractor. 3. 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. GC-12. SUPERVISION BY CONTRACTOR: 1. 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 be present on the site at all times as required to perform adequate supervision and coordination of the work. Supervisor or Superintendent will not be the operator of a route collection unit. Supervisor will have a cellular phone and mobile cornrnunication(s) at all times during collection operation hours. GC-13. CHANGES IN THE WORK: 1. The Owner may at any time as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents or in the time required fix performance of the work, an equitable adjustment shall be authorized by Change Order. 2. The Engineer, also, may at any time, by issuing a field order, make changes in the details of the work. The Contractor shall proceed with the performance of any changes in the work so ordered by the Engineer unless the Contractor believes that such field order entitles him to a change in the contract price or time or both, in which event he shall give the Engineering written notice thereof within ten (10) days after the receipt of the ordered change pending the receipt of an executed change order or further instruction from the Owner. GC-14. CHANGES IN CONTRACT PRICE 1. The contract price may be changed only by a Change Order. The value of any work covered by a Change Order or of any claim for increase or decreasE: in the contract price shall be determined by one or more of the following methods in the order of precedence listed below: 1.1 Unit prices previously approved. 1.2 An agreed lump sum. 1.3 The actual cost for labor, direct overhead, materials, ai1.d supplies, equipment and other services necessary to complete the work. In addition there shall be added an amount to be agreed upon, but not to exceed fifteen (15) percent of the actual cost of the work to cover the cost of general overhead and profit. GC-15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES: 1. The date of beginning and the time for completion ofthe work are essential conditions of the GC-IO I I I I I I I I I I I I I I I I I I I " Contract Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed. 2. Penalties for non-compliance with the contract terms ,md conditions up to the amount specified for liquidated damages may be applied for each failure to comply. Special attention is called to: SC 11 Which addresses submittal of a business plan SC 15 Which addresses follow-ups complaints SC 17 Which addresses mixing of non-contract waste: SC 23 Which addresses failure to separate materials prior to disposal at the Augusta- Richmond County Landfill SC 25 Which addresses reporting requirements SC 26 2.C Which addresses return pick ups of yard waste 3 The Contractor will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood arld agreed, by and between the Contractor and the Owner, that the contract time for the completion of the work described herein is a reasonable time, taking mto consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. 4 If the Contractor shall fail to complete. the work within the contract time, or extension of time granted by the Owner; then the Contractor will pay to the Owner the amount for liquidated damages as specified in the bid for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Documents. This shall be applicable to each affected section awarded as part of this contract. 5 The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following and the Contractor has promptly given written notice of such delay to the Owner or Engineer. 5.1 To any preference, priority or allocation order duly issued by the Owner. 5.2 To unforeseeable causes beyond the control and without the fault of negligence of the Contractor, including but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather; and 5.3 To any delays of subcontractors occasioned by any of the causes specified in Paragraphs 5.1 and 5.2 of this Article. GC-16. SUSPENSION OF THE WORK., TERMINATION AND DELAY: 1. The Owner may, at any time and without cause, suspe:nd the work or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the Contractor, by written notice to the Contractor. The Engineer shall fix the date on which work shall be resumed. The Contractor will resume that work on the date so fixed. The Contractor will be GC-ll I I I I I I I I I I I I I I I I I I I allowed an increase in the contract price, an extension of the contract time, or both, directly attributable to any suspension. . 2. If the Contractor is adjudged bankrupt or insolvent, or ifhe makes a general assignment for the benefit of his creditors or if a trustee or receiver is appointed for the Contractor or for any of his property or ifhe files a petition to take advantage of any debtor's act to reorganize under the bankruptcy or applicable laws or ifhe repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or ifhe repeatedly fails to supply sufficient skilled workmen or suitable equipment or ifhe disregards law, ordinances, rules, regulations or orders of any public body having jurisdiction of the work or ifhe disregards the authority of the Engineer, or if, in the opinion of the Engineer, the Contractor fails to make satisfactory progress in prosecuting the work, or ifheotherwise violates any provision of the Contract Documents, then the Owner may, without prejudice to anyother right or remedy arid after giving the Contractor and his Surety a Minimum of ten (10) days from delivery of a written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, equipment and machinery thereon owned by the Contractor and finish the work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the direct and indirect costs of completing the project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated in a Change Order. 3. Where the Contractor services have been so terminated by the Owner, said termination shall not affect any right of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor from compliance with the Contract Documents. 4. After ten (10) days from delivery of a written notice to the Contractor and the Engineer, the Owner, may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Contract. In such case, the Contractor shall be paid for all work executed and any expense sustained plus reasonable profit. 5. If, through no act or fault of the Contractor, the work is suspended for a period of more than ninety (90) days by the Owner or under an order of court or other public authority, or the Engineer fails to act on any request for payment within thirty (30) days after it is submitted, or the Owner fails to pay the Contractor substantially the sum approved by the Engineer within thirty (30) days of its approval and presentation, then the Contractor may after ten (10) days from delivery of a written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner payment for all work executed and all expenses sustained. In addition, and in lieu of terminating the Contract, if the Engineer has failed to act on a request for payment or if the Owner has failed to make any payment as aforesaid, the Contractor may, upon ten(10) days notice to the Owner and the Engineer, stop the work until he has been paid all amounts then due, in which event and upon resumption of the work, Change Orders shall be issued for adjusting the contract price or extending the contract time or both to compensate for the costs and delays attributable to the stoppage of the work. GC-12 I I I I I I I I I I I I I I I I I I I 6. If the performance of all or any portion of the work is suspended, delayed, or interrupted as a result of a failure of the Owner or the Engineer to act within the time specified in the Contract Documents, or if not time is specified, within reasonable time, an adjustment in the contract price or an extension of the contract time or both, shall be made by Change Order to compensate the Contractor for the costs and delays necessarily caused by the failure of the Owner or the Engineer. GC-17. PAYMENTS TO THE CONTRACTOR: 1. The Contractor shall submit a monthly payment request to the City for services performed the previous month. The City shall pay the ContraCtor within thirty (30) days of receipt of a correct payment request by the Augusta-Richmond County Finance Department. Payment shall be based on the contract area. The City shall deduct any assessments due from the payment owed the Contractor. The price paid shall be the sum of: the price proposal for curbside refuse collection in the contract area, plus the price proposal for yard waste collection in the contract area, plus the price proposal for recycling, plus the unit price proposal for bulky waste collection as authorized by the City, less any assessments, plus any approved special services performed during the payment period. Payment requests shall be accompanied by (1) data supporting the payment request, as necessary, in the City's opinion, to substantiate the Contractor's right to remittance of the amounts requested; (2) a signed certification from the Contractor that it has fully and properly performed all items of work covered by the payment request, that all insurance and bonds required hereunder are in full force and effect, that all subcontractors and suppliers have been paid from previous requests, and that it is not in default under any provision of this Contract. Should the City dispute any portion of the payment request, it shall, within thirty days, furnish a detailed itemized explanation of such objection, which cites its authority under the Contract to withhold such payments. All amounts not in dispute shall be paid within thirty (30) days following receipt by the City of such payment request, subject to withholding as otherwise provided herein. Original payment requests shall be sent to: Augusta-Richmond County - Finance Department Accounts Payable Section Room 108, Municipal Bldg. 530 Greene Street Augusta, Georgia 30911 GC-13 I I I I I I I I I I I I I I I I I I I A duplicate invoice shall be sent to: Office of the Director of Public Works And Engineering 1815 Marvin Griffin Road Augusta, GA 30911 GC-18. INSURANCE AND INDEMNITY: 1. To the extent permitted by law, the Contractor shall indemnify and save harmless Augusta- Richmond County Commission-Council, its officers, agents, employees and assigns from and against all loss, cost, damages, expense and liability caused by an accident or other occurrence resulting in bodily injury, including death, sickness and disease to any person; or damage or destruction to property, real or personal; arising directly or indirectly from operations, products or services rendered or purchased under this Contract; or violation of any interlocal agreement, state or federal rule, regulation or law, or any other provision of law regulating solid waste collection, hauling or disposal. The Contractor shall be held responsible for any damage to customers' property, real or personal, which occurs by the Contractor or the Contractor's agent in the performance of this Contract. If the City, upon an independent investigation, finds that the Contractor has failed to completely reimburse the customer for the damaged property, the City may pay the customer any monetary amount it deems necessary to make the customer whole and deduct the same from the Contractor's monthly payment. 2. 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. 2.1 Claims under Workman's Compensation, disability benefit and other similar employee benefit acts, 2.2 Claims for damages because of bodily injury, occupational sickness or disease or death of his employees, 2.3 Claims for damages because of bodily inJury, sickness or disease or death of any person other than his employees, 2.4 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 2.5 Claims for damages because of injury to or destruction of tangible property, GC-14 I I I I I I I I I I I I I I I I I I I including loss of use resulting therefrom. 3. 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 coverages afforded under the policies will not be cancelled unless at least fifteen (15) days prior written notice has been given to the Owner. 4. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, liability insurance as hereinafter specified. 4.1 Contractor's General Public liability and Property Damage insurance including vehicle coverage issued to the Contractor and protecting him from all claims for personal injury, including death, and all cla.ims for destruction of or damage to property, arising out of or in connection with any operations under the Contract Documents, whether such operations be by himself or by any Subcontractor under him or anyone directly or indirectly employed by the Contractor or by a Subcontractor under him. Insurance shall be written with a limit ofliability of not less than $200,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by anyone person in anyone accident; and a limit ofliability of not less than $500,000 for any such damages sustained by two or more persons in anyone accident. Insurance shall be written with a limit ofliability of not less than $100,000 for all property damage sustained by anyone person in any one accident; and a limit ofliability of not less than $200,000 for any such damage sustained by two or more persons in anyone accident. 4.2 The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the Project to the full insurable value thereof for the benefit of the Owner, the Contractor and Subcontractor as their interest may appear. This provision shall in no way release the Contractor or Contractor's Surety from obligations under the Contract Documents to fully complete the Project. 6. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, in accordance with the provisions of the laws of the state in which the work is performed, Workman's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require such Subcontractor similarly to provide Workman's Compensation Insurance, including occupational disease provision for all of 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 at the site of the Project is not protected under Workman's Compensation statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected GC-19. CONTRACT SECURITY: 1. The Contractor shall, within ten (10) days after the receipt of the Notice of Award, furnish the GC-15 I I I I I I I I I I I I I I I I I I I Owner with a Performance Bond and a Payment Bond in penal sums equal to the amount of the contract price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corponite bonding company licensed to transact business in the state in which the work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these bonds shall be borne by the Contractor. If at any time a Surety on any such bond is declared a bankrupt or loses its right to do business in the state in which the work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the Owner to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new Surety or Sureties shall have furnished an acceptable bond to the Owner. GC-20. ASSIGNMENTS: 1. Neither the Contractor nor the Owner shall sell, transfi~r, 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. GC-21. INDEMNIFICATION: 1. The Contractor will indemnify and hold harmless the Owner and the Engineer and their 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. 2. In any and all claims against the Owner or the Engineer or any of their agents or employees, by an employee of the Contractor, Subcontractor, anyone directly or indirectly employed by any ofthem, 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. 3. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, design or specifications. GC-16 I I I I I I I I I I I I I I I I I I I GC-22 SUBCONTRACTING: 1. T he Contractor may utilize the services of specialty Subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty Subcontractors. 2. The Contractor shall not award work to Subcontractor(s), in excess of fifty (50%) percent of the Contract Price, without prior written approval of the Owner. 3. The Contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him. 4. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind the Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the work of Subcontractors and to give the Contractor the same power as regards temlinating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. 6 Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. GC-23. ENGINEER'S AUTHORITY: 1. The Engineer shall actas the Owner's representative during the contract period. He shall decide questions which may arise as to quality and acceptability of materials furnished and work performed. He shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Engineer will make visits to the site and determine if the work is proceeding in accordance with the Contract Documents. 2. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship and execution of the Work. 3. The Engineer will not be responsible for the collection means, controls, techniques, sequences, procedures or safety. 4. The Engineer shall promptly make decisions relative to interpretation of the Contract Documents. GC-24. LAND AND RIGHTS-OF-WAY: 1. Prior to issuance of Notice to Proceed, the Owner shall obtain all land and rights-of-way necessary for carrying out and for the completion of the work to be performed pursuant to the Contract Documents, unless otherwise mutually agreed. GC-17 I I I I I I I I I '~ I I I I I I I I I I 2. The Owner shall provide to the Contractor infomlation which delineates and describes the lands owned and rights-of-way acquired. 3. The Contractor shall provide at his own expense .md without liability to the Owner any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. GC-25. TAXES: 1. The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place where the work is performed. GC-26. ORDER AND DISCIPLINE: 1. The Contractor shall at all times enforce s~ct discipline and good order among his employees and any employee of the Contractor who shall appear to be incompetent, disorderly or intemperate or in any other way disqualified for or unfaithful to the work entrusted to him, shall be discharged immediately on the request of the Engineer and he shall not again be employed on the work without with the Engineer's written consent. GC-27. SPECIAL RESTRICTIONS: 1. No work shall be allowed after the hours of darkness or on Saturday or Sunday without permission of the Owner GC-18 I I I I I I I I I I I I I I I I I I I SC-Ol. SC-02. SC-03. SC-04. SC-05. SC-06. SC-07. SC-08. SC-09. SC-lO. SC-ll. SC-12. SC-13. SC-14. SC-15. SC-16. SC-17. SC-18. SC-19. SC-20. SC-21. SC-22. SC-23. SC-24. SC-25. SC-26. SC-27. SC-28' sc-o SECTION GC SPECIAL CONDITIONS INDEX TO ARTICLES OF SPECIAL CONDITIONS Section Page No. Scope of Work Additional Service Description of Contract Area Generation of Materials Contract Period Notice to Proceed Contract Documents Provided Solid Waste Ordinances Contractor Responsibilities Human Resource Provision Schedule, Routes and Public Information Service Frequency Days of Collection Office Complaints Care and Diligence Collection Vehicles Time of Collection Disposal Hauling Responsibility for Materials Collected Work Designated Disposal Facilities Emergency Plan Reporting Requirements Collection Requirements Collection Impediments Customer Complaints and Non-Performance I 1 1 1 1 2 2 2 2 3 4 5 5 6 6 6 7 8 8 8 8 9 9 10 10 12 15 16 I I I I I I I I I I I I I I I I I I I SPECIAL CONDITIONS SC-Ol. SCOPE OF WORK: The work under this Contract shall consist of the items contained in the Proposal, including all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with the Contract Documents. SC-02. ADDITIONAL SERVICE: Pursuant to this Contract, no customer may be provided additional services by the Contractor which are outside the scope of this Contract. The Contractor shall not charge any customer for services provided by the City under the terms of this Contract. Likewise, the City shall not be responsible to the Contractor or the customer for any additional services provided at the request of the cllstomer by the Contractor. SC-03. DESCRIPTION OF CONTRACT AREA: The Contract Area designated by the City is described in an attachment to this Contract. Contractor is responsible for collection within the GOntract area. Estimated units are for reference only and Contractor is responsible for verifying the exact number of units in each contract area. SC-04. GENERATION OF MATERIALS: Because future increases or decreases in population, number of units or generation of residential solid waste and other materials in the contract area cannot be guaranteed, it is expected that proposers will formulate their own projections of amounts of materials to be generated and collected for the purposes of their Proposals. SC-05. CONTRACT PERIOD: SC-l The initial term of this Contract is for two years and the City may, at its sole option, renew the Contract for two successive one-year terms (extensions) under the conditions set forth in this Contract. The City shall give the Contractor written notice of its intention to extend the Contract a minimum of ninety (90) days before the expiration of the Contract. Any changes in the Contract terms shall be agreed to and. accepted, in writing, by the City and the Contractor. I I I I I I I I I I I I I I I I I I I : ~ .....; SC-06. NOTICE TO PROCEED: Since no interruption of the existing service is permissible, service transition (from private or other contractor provided to Contractor-provided service) must be coordinated and executed on the starting date set forth in the Notic:e to Proceed. The City intends to issue the Notice to Proceed within 10 days after award of the Contract. SC-07. CONTRACT DOCUMENTS PROVIDED: The Contractor will be provided with three (3) sets of Contract Documents. Additional sets may be obtained at the cost of printing. SC-08. SOLID WASTE ORDINANCES: Augusta-Richmond County Solid Waste Ordinances, available upon request, are hereby incorporated into this Request for Proposals and the Contractor shall comply with the Ordinances in carrying out the Contractor's duties and obligations. SC-09. CONTRACTOR RESPONSIBILITIES: 1. Compliance with Laws and Ordinances: The Contractor shall comply with all applicable local, state and federal ordinances, statutes, laws, rules and regulations governing the collection, transportation and disposal of solid waste, refuse yard waste, bulky waste and recyclables. No plea of misunderstanding will be considered on account of ignorance thereof. The Contractor shall be in compliance with all applicable Federal, State and/or Local laws regarding employment practices. Such laws will include, but shall not be limited to workers' compensation, the Fair Labor Standards Act (FSLA), the Americans With Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA regulations applicable to the work. If the proposers or Contractor discover any provisions in the specifications or Contract Documents which are contrary to or inconsistent with any law, ordinance or regulation, they shall immediately report it in writing to the City Engineer. 1. Taxes: The Contractor shall pay all Federal, State and Local taxes and fees which may be chargeable against the performance of the work. No additional compensation will be made to the Contractor for taxes or fees except in the following situation: the Contractor may pass through to the City those new taxes and fees levied by the City specifically on garbage haulers after receipt of the bids. SC-2 I I I I I I I I I I I I I I I I I I I 3. The Contractor shall provide a "red tag" flyer as notification when residential waste is our of ordinance. This tag shall be placed on the waste. Th(~ "red tag" should also have the following: Contractor's Name Reason for non-service Date Telephone number of Contractor and County Inspectors SC-lO. HUMAN RESOURCE PROVISION: SC-3 Personnel Administration: 1. Character and Conduct of Employees: a. The Contractor's employees who normally and regularly come into direct contact with the public shall bear a means of individual identification to include a uniform with a name badge, name tag or identification card. Shirts and Jackets will be safety orange in color with dark blue pants as approved by the Engineer. b. The Contractor shall assure that employees serve: the public in a courteous, helpful and impartial manner. All employees of the Contractor in both field and office shall refrain from belligerent behavior and/or profanity, to the extent that such behavior negatively impacts the provision of service to customers and others with whom the Contractor and its employees come into c~mtact, during the performance of the Contract. Correction of any such behavior and language shall be the responsibility of the Contractor. c. In the event a report is received alleging an employee(s) of the Contractor was wanton, discourteous, belligerent, profane or in any way intimidating, either physically or verbally, the Contractor shall submit a written report to the Engineer outlining the complete details of the incident. Said report shall include the nature of the incident, time, date and location and name, address and telephone number of the person alleging the violation. The report shall also include the name: and title of the employee and what disciplinary action, if any, was taken. If an employee of the Contractor is the subject of repeated or egregious allegations of the type desGribed above, the City may request that the employee be barred from further work for the Contractor in connection with this Contract. Upon the City's request, the Contractor shall, immediately, comply with the City's request for the duration of the Contract Time. d. Personnel shall make collection with as little noise,and as little disturbance to the customer as possible. e. No employee shall disturb or otherwise interfere: with property that is impertinent to the proper execution of his duties. ./:li I I I I I I I I I I I I I I I I I I I f. Care shall be taken to prevent damage to property including shrubs, flowers and other plants. g. Additional Contractor Liability: The Contractor shall be held responsible for any damage to customers property, real or personal, which occurs by the Contractor or the Contractor's agent in the performance of this Contract. If the City, upon on independent investigation, finds that the Contractor has failed to completely reimburse the customer for damaged property, the City may pay the customer any monetary amount it deems necessary to make the customer whole and deduct the same from the Contractor's monthly payment. 2. Nondiscrimination: a. The Contractor agrees that it has adopted and will maintain and enforce a policy of nondiscrimination on the basis ofrace, color, religion, sex, age, national origin or disability. b. The Contractor agrees that on written request, it will permit access during normal business hours to its records of employment, employment advertisements, application forms and other pertinent data and records to the City, for the purpose of investigation to ascertain compliance with the nondiscrimination provisions of this Contract. c. The Contractor agrees that it will inform the City in writing of any alleged violation(s) of employment practices, which its employees 1ile with the Equal Employment Opportunity Commission, Labor Department or any other Federal or State compliance agency. Also the Contractor will inform the City of the final disposition of such cases. 3. Drug-Free Workplace: The Contractor will take the necessary steps to assure that he maintains a drug-free workplace. These steps shall include but shall not necessarily be limited to the following: compliance with the Federal Drug-Free Workplace Act, Substance Abuse and Mental Health Services Administration (SAMHSA) standards and regulations, Federal Department ofTransportat:ion laws and State law regarding drug testing. . SC-l1. SCHEDULES. ROUTES AND PUBLIC INFORMATION: The Contractor shall submit a Business Plan (to include sub-contractors) within thirty (30) working days prior to implementation of service. Business Plan will include: (1) Detailed Route Maps - show the areas to be collected, the starting point for collection and the exact director of travel arId order of travel of streets to be collected. The Engineer prior to the initiation of any service deliver shall approve these routes. (2) Route Summaries ~ detailed information on block numbers and name of streets for each route. SC-4 I I I I I I I I I I I I I I I I I I I (3) Sub-Contractor List - names of subcontractors, phone numbers and addresses (4) Telephone Communication - identify number of iocal phone lines coming into main office, and local telephone numbers to contact Contractor and/or sub-contractors. Should also include names and phone numbers of route supervisors. (5) Service Unit List - an alphabetized listing of all addresses in service area where containers have been/are to be delivered. (6) Handicapped List - a detailed list of handicap residents (7) Recycling Program - How recycling program will be implemented? Where will recyc1ables be delivered? (8) Quality Control Assurance - How do you plan to deliver quality customer service? How will customer complaints and concerns be handled? Turnaround time. (9) Emergency Plan - a well thought out plan on how to respond to unforeseen occurrences. (10) Schedule Payment - refer to contract provisions for details (11) Vehicle List - detailed listing of vehicles, type, and model, assigned vehicle number, tag number, and landfill permit number. (12) Customer NotificationlInformation Plan - identify how information on the service will be disseminated to customers. Notification to customers will be issued by the contractor a minimum ten (10) working days prior to implementation of service. Notification shall include pickup schedule and general information on the contract. Notification to customers is the Contractor's sole responsibility. Any subsequent changes of routing schedule must be approved by the Engineer prior to implementation. Ail such changed ['outes must be documented in the same detail as the original maps supplied by the Contractor. SC-12. SERVICE FREOUENCY: The Contractor shall provide regularly scheduled service for all collections from the curb (or other Designated Collection Area) to each writ within ,Contract Area. Frequency of collection will be determined by City as per contract specifications. SC-13. DAYS OF COLLECTION: sc-s Scheduled days of collection are limited to Monday thru Friday, except for special downtown business district, which incorporates Saturday pickup on refuse only. No regularly scheduled collection shall be allowed on Sunday without the prior approval of the Director of Public Works. I I I I I I I I I I I I I I I I I I I HOLIDAYS: Collection by the Contractor will be suspended on the observed day of City Holidays as shown below: New Year's Day Independence Day Thanksgiving Day Christmas Day The Contractor shall submit to the City within thirty (30) days prior to the starting date, a schedule of alternate days of collection for customers whose normal collection day falls on a holiday. The schedule will be approved by the City and the Contractor will notify customers along with regular schedule. SC-14. OFFICE: The Contractor shall maintain an office or such other facilities through which it can be contacted. It shall be equipped with sufficient local telephones and shall have a responsible person in charge from 8:00 am to 5:00 pm on regular collection days. The Contractor shall also provide a local telephone number where the Contractor may be contacted at all other times. SC-15. COMPLAINTS: All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the Contractor shall investigate and if such allegations are verified, shall arrange for the collection of the refuse not collected within 24.hours after the complaint is received, unless otherwise instructed by the Engineer. SC-16. CARE AND DILIGENCE: The Contractor shall exercise all reasonable care and diligence in collecting solid waste, recyclables, yard waste and bulky waste. Every effort must be make to prevent spilling, scattering or dropping solid waste during the collection process. However, in the event that solid waste is spilled, scattered or dropped, the collector shall immediately clean up the material. Cont,ainers must be replaced in an upright position with lids closed. If the container falls over, the collector must immediately reset the container. The Contractor acknowledges that solid waste collection easements are frequently co- located with other utility easements, Therefore, particular attention must be given to the location of water meters, mailboxes, transformers, wires, utility poles and irrigation structures. Authorization to use the easement does not abrogate the Contractor's responsibility to exercise caution in relationship to the property of other authorized users or owners. SC-6 I I I I I I I I I I I I I I I I I I I The Contractor shall be solely responsible for all damages to containers and property resulting from the Contractor's actions or omissions. SC-17. COLLECTION VEHICLES: SC-7 The Contractor shall provide and maintain during the entire period of this Contract a fleet of solid waste collection vehicles sufficient in number and capacity to perform the work and render the service required by this contract. The vehicles must contain the solid waste, yard waste, bulky waste and recyclables so that no material is spilled, leaked or blown from the vehicle during its transit to the appropriate disposal ,site as specified by the City. The fleet must be sufficient to handle the special requirements of adverse weather and holiday overloads. The Contractor's vehicles and other equipment must be clearly identified as determined by the Engineer. This identification shall be affixed to each vehicle and piece of equipment. All vehicles and equipment used in the provision of collection and removal service shall be in good repair, clean, well-maintained and free of excessive noise, odor or emissions. The Contractor shall maintain collection equipment in good repair at all times. All parts and systems of the collection equipment shall be operated and maintained properly. Contractor shall take reasonable care to prevent damage to rollout containers during collection. The Contractor shall provide an adequate number of vehicles for regular collection services with sufficient backup collection vehicles in case of mechanical breakdown, to complete contract requirements. All vehicles and other equipment shall be kept in good repair, appearance and in a sanitary condition at all times. Each vehicle shall have clearly visible on each side, the vehicle number along with the identity and telephone number of the Contractor. The Contractor shall supply the City with a list of all equipment, including equipment identification numbers, that shall be used in fulfilling this Contract and shall notify the City of additions or deletions as they occur. It is the City's intent to control the use of the Designated Disposal Facilities by ensuring that no materials from outside the Contract Area are delivered to those Facilities. It is expressly forbidden for the Contractor to deliver any materials, even partial loads, not collected in performance of this Contract, to Designated Disposal Facilities and present them as materials collected as part of this Contract. Verification of such may result in payment of damages to the City in the amount of $300 per violation, or the tipping fe~ plus 25%, which ever is greater. The City therefore reserves the right to require the affixation of specific identification on Contractor vehicles and other vehicles used to perform services in this Contract. In addition, the City reserves the right to monitor the performance of the Contractor's duties, including the routes and collections made, customer reports, trips to Designated Disposal Facilities and other destinations, the content of individual loads or portions ofloads disposed of at Designated Disposal Facilities and the Contractor's records at any time, in order to ensure the Contractor's compliance with this Contract. Accordingly, each vehicle used by or on behalf of the Contractor in the Contract Area I I I I I I I I I I I I I I I I I I I shall collect materials only from Units in the Contract Area while in the performance of its duties under this Contract. SC-18. TIME OF COLLECTION: The Contractor shall not start materials collection prior to 7:00 a.m. nor continue collections after 7:00 p.m. In an emergency, the Contractor may request authorization from the City Engineer to work beyond 7:00 p.m. No collection may occur during the hours of darkness without written permission of the Owner/Engineer. Contractor must furnish collection service in the 500 thru 1200 block of Broad Street prior to 9 a.m. (0900 hours) each service day. SC-19. DISPOSAL: Prior to the commencement of services hereunder, the City shall provide and designate to the Contractor, a solid waste disposal facility or landfill for the disposal of the refuse collected and removed by the Contractor during the term of this Contract. The Contractor shall be required to dispose of all such refuse collected at the designated solid waste disposal facility or landfill site. The City reserves the right to change or alter the disposal facility or landfill from time to time. Should the City change any Designated Disposal Facility to one in an area of greater distance than that previously designated and provided such new Designated Disposal Facility results in d.ocumented increased costs to the Contractor, the Contractor may request additional compensation from the City for its increased costs. Additional costs will be listed in the bid schedule. No additional cost will be considered for change of disposal location other than those listed in the bid schedule. SC-20. HAULING: All refuse hauled by the Contractor shall be so contained, tied or enclosed that leaking, spilling or blowing are prevented. The Contractor shall be fully and solely responsible for any consequential cleanup. SC-21. RESPONSIBILITY FOR MATERIALS COLLECTED: Upon placement of materials collected in performance of this Contract into the Contractor's vehicle, transport of those materials to the Designated Disposal Facility become the sole and complete responsibility ofthe Contractor. The foregoing, however, shall not be construed to prejudice any rights the City may have to control the disposal of such refuse, including the designation of a disposal facility or the manner or types of refuse disposal. The foregoing, also, shall not be construed to prejudice any rights Contractor may have against any container customer who places in a container, refuse other than non-hazardous solid waste which is permitted to be collected in Contractor's vehicles and disposed of in a non-hazardous solid waste sanitary landfill. SC-8 I I I I I I I I I I I I I I I I I I I SC-22. WORK: It is the Contractor's responsibility to supervise the work in progress and to provide direction to employees in the field. The City does, however, intend to monitor the Contractor's performance, through data tracking and analysis and through on-site monitoring and inspection. If the monitor records deficiencies which must be corrected, the Contractor shall notify the City when these deficiencies have been corrected. The monitor will recheck the work to determine that it has been completed satisfactorily. SC-23: DESIGNATED DISPOSAL FACILITIES: a. All refuse except recyclables collected as part of this Contract shall be delivered to: AugustalRichrnond County Landfill 4330 Deans Bridge Road Blythe, GA 30805 (706) 592-9634 CONTRACTOR WILL NOT BE RESPONSll3LE FOR DISPOSAL FEES. b. All yard waste collected as part of this Contract shall be delivered to: AugustalRichrnond County Landfill (Inert Cell) 4330 Deans Bridge Road Blythe, GA 30805 (706) 592-9634 CONTRACTOR WILL NOT BE RESPONSrBLE FOR DISPOSAL FEES. c. All bulky waste, except tires, collected as part of this Contract shall be delivered as follows: 1. Furniture and related items: Augusta/Richrnond County Landfill 4330 Deans Bridge Road Blythe, GA 30805 CONTRACTOR WILL NOT BE RESPONSIBLE FOR DISPOSAL FEES. CONTRACTOR WILL SEPARATE MA TE:RIALS AT PROPER DISPOSAL AREAS. 2. Stoves, refrigerators, water tanks, washing machines and related items commonly known as white goods: SC-9 I I I I I I I I I I I I I I I I I I I CONTRACTOR WILL NOT BE RESPONSIBLE FOR DISPOSAL FEE AND/OR SALVAGE VALUE. NO ADDITIONAL COST WILL BE CHARGED TO CITY OTHER THAN THAT LISTED IN BID SCHEDULE. CONTRACTOR WILL SEGREGATE THIS MATERIAL AT THE LANDFILL AT PROPER SALVAGE AREAS AS DETERMINED BY THE ENGINEER. THE CONTRACTOR IS RESPONSIBLE FOR ENSURING FREON IS REMOVED FROM REFRIGERATED APPLIANCES BY A CERTIFIED TECHNICIAN. 3. Tires and related items: CONTRACTOR WILL BE RESPONSIBLE FOR DISPOSAL FEE AND/OR SALVAGE VALUE. NO ADDITIONAL COST WILL BE CHARGED TO CITY OTHER THAN THAT LISTED IN BID SCHEDULE. TIRES WILL BE REMOVED FROM RIMS PRIOR TO DISPOSAL AT NO COST TO THE CITY. The Contractor shall observe the hours of operation of this facility. 4. Recyclables: CONTRACTOR WILL BE RESPONSIBLE FOR SALE/SALVAGE OR DISPOSAL OF RECYCLED ITEMS TO A QUALIFIED VENDOR AS APPROVED BY THE ENGINEER. NO ADDITONAL COST WILL BE CHARGED TO THE CITY OTHER THAN SAID PRICE LISTED IN THE CONTRACT. SC-24. EMERGENCY PLAN: No later than thirty (30) working days prior to initiation of service, the Contractor shall submit an emergency plan to the City Engineer which shall detail those actions which the Contractor will take to deal with emergency situations such as extreme cold temperatures, snow/ice, fIre or natural disaster which would require a deviation from normal operating procedures. The Emergency Plan shall also include emergency phone numbers for the key headquarters and for key contact persons such that a responsible contact person is available to the City at all times. SC-25. REPORTING REQUIREMENTS: The Contractor shall be responsible for maintaining and submitting reports on a weekly, monthly,. quarterly and semi-annual basis. The Contractor shall maintain and provide to the City throughout the entire term ofthe agreement a report containing a complete file of service recipients coded by category. The Contractor may also provide all reports on computer disk in a compatible database format approved by the City. SC-IO I I I I I I I I I I I I I I I I I I I SC-ll Weekly Reports Weekly reports shall be transmitted to the City no later than the Monday by 8:30 a.m. morning following the reporting period. For the purposes of the weekly report, a weekly reporting period shall be defined as Monday, Tuesday, Wednesday, Thursday, Friday and Saturday. Each week's report shall consist of the following information: 1) Cover Letter 2) Tonnage Report 3) Calls and Complaints 4) Non-Compliance Waste Report 5) Daily Staffing Summary 6) Daily Route Sheet 7) AdditionslRevisions to Service Unit List Monthly Reports Monthly reports shall include all of the information described in this Section and shall be submitted with a cover letter that abstracts the report and highlights major accomplishments, problems, trends and other pertinent information during the preceding . . month, and shall add information on tonnage and number of units participating for recycling. Each monthly report shall consist of the following information: 1) Cover Sheet 2) Phone Call Summary 3) Calls and Complaints 4) Tonnage Reports 5) Recycling Report 6) Non-Compliance Waste Report 7) Daily Staffing Summary 8) Route Summary Semi-Annual Reports The Contractor shall provide data on customer participation rates of refuse, yard waste, recyclables, and bulky waste services for the Contract Area. All reports shall be submitted on a semi-annual basis in accordance with the City's fiscal year (Jan. 1 to Dec. 31). For purposes of reports, the first reporting period shall be defined as January, February, March, April, May and June. Th~ second reporting period shall be defined as July, August, September, October, November and December. The Contractor shall submit reports within thirty (30) calendar days after the end of each reporting period. Annual Reports No later than thirty (30) calendar days after the I~nd of the second reporting period, the Contractor shall submit to the City an annual report covering the immediate preceding Contract year and include the following information: I I I I I I I I I I "I I I I I I I I I - A collated summary of the information contained in the weekly, monthly and quarterly reports, including reconciliation of any and/or adj ustments from pri"or reports. - A discussion of highlights and other noteworthy experiences along with measures to resolve problems, increase efficiency and increase participation. - A description of all public information programs undertaken with audiences reached and methods of public information programs. The obligation to submit an annual report shall survive the termination or expiration of this agreement. The Contractor shall submit an aJIDual report for the final Contract year of this agreement no later than thirty (30) calendar days after the end of each year of the agreement. The City may withhold payment of balances due the Contractor at the end of the Contract until such final report is received and accepted by the City. Format information for each report is located at the end of the Special Conditions Section. Original reports shall be submitted in approved format to: Office of the Director of Public Works and Engineering 701 Municipal Bldg. 530 Greene Street Augusta, GA 30911 One (1) copy of each report should also be submitted to: Code Enforcement 4330 Deans Bridge Road Blythe, GA 30805 SC-26.. COLLECTION REQUIREMENTS: 1. It is the purpose of the specifications to provide a framework for accomplishing the result in maintaining a sanitary environment for the residents of the City. This section addresses the collection of refuse from the Collection Area of the City as described in these specificati<;ms. The intent of the work is to collect all refuse placed out for collection within the Contract Area. a. Time of Collection: The Contractor shall collect all refuse placed on streets or easements in rollout containers provided by the Contractor. Contractor collection days will be determined from the bid schedule base bid or alternate bid. b. Containers: The Contractor will provide initial rollout containers, and recyclable bins, any replacement containers and bins, and additional containers and bins to customers to SC-12 I I I I I I I I I I I I I I I I I I I SC-13 be served. The number of containers and bins distributed shall be solely the decision of the Contractor; however, the Contractor is required to provide a minimum of one rollout container and recycling bin per unit. Minimum rollout size will be 90 - 95 gallons. A container with a minimum capacity of 60 gallons may be substituted to meet special needs. Specifications for rollout containers and recycling bins will be submitted for approval. Repairs to containers .md bins shall be performed by the Contractor. This includes replacements of wheels, lids, hinges, axles and handles. c. Places of Collection: Normal ColleCtions - Normal collection points for residential solid waste shall be curbside (adjacent to roadway) accessible to mechanized solid waste collection equipment. Customers shall be notified by the Contractor, using materials pre- approved by the City, that: (1) rollout containers should be placed within two feet of curb with handles facing away from.the street. (2) The container should be at least three feet from trees, mailboxes, cars, other rollout containers, yard waste, recyclables and other obstructions. (3) The collection vehicle should have clear access to the container. (4) All refuse shall be placed within the rollout container. Normal collection points will also include Designated Collection Areas in Multi- Family Housing Units and Designated Non-Residential Units. Rollout containers shall be carefully handled by the personnel and shall be thoroughly emptied and left at the premise where they are found, standing upright and with covers placed back on the rollout container. This work shall be done in a sanitary manner and any waste spilled by the Collector shall be immediately picked up by the Collector. 2. Yard Waste Collection: The Contractor shall provide curbside collection of yard waste which is composed of grass clippings, leaves, tree and shrubbery trimmings including branches, tree limbs, bushes, shnlbbery cuttings and clippings of trees, shrubs or bushes. a. Time of Collection: The Contractor shall collect all yard waste placed on streets or easements on days as determined from the bid schedule base bid or alternate bid. b. Place of Collection: Normal collection points for residential yard waste shall be at curbside (adjacent to roadway). c. Materials to be Collected: The Contractor shall collect all Christmas trees placed for collection. I I I I I I I I I I I I .1 I I I I I I SC-14 The Contractor shall collect all yard waste such as tree limbs not larger than four (4) inches in diameter nor ionger than five (5) feet and stacked in piles not to exceed five (5) feet in height. Tree trunks larger than four (4) inches in diarrieter will not be collected. The maximum amount of yard waste in a pile shall not exceed five (5) feet in height by five (5) feet in width by ten (10) feet in length. The Contractor shall have the authority to decline to collect any tree or tree limbs where service has been performed for a fee by person(s) other than the property owner. The Contractor shall collect all yard waste placed in plastic bags. Such bags, if closed, shall be clear or transparent; customers may use opaque bags as long as they are left open. In no case may bags weight more than fifty (50) pounds. No more than thirty (30) bags will be collected each collection day at each dwelling unit. In addition, the Contractor shall collect yard waste which is placed in twenty (20) or thirty-two (32) gallon refuse containers without affixing a lid. All leaves, straw, and grass clippings; yard waste, shall be bagged at curbside. Contractor shall properly dispose of plastic bags to avoid contamination of the yard waste stream. The Contractor shall take yard waste collectl~d to the Designated Disposal Facility as specified. In the event of yard waste set out at a unit in the Contract Area that does not meet the specifications above, the Contractor shall a clearly explanatory printed or hand written notice for the customer and notify the City within two hours. Non- compliance tags will be red in color. Following-notification by the Contractor, the City will investigate the matter and advise the Contractor of its decision and of any action that is required by the Contractor. If the City finds that the material set out did meet the specifications, the Contractor will be notified by the City and must return and pick up the yard waste within twenty-four (24) working hours of notification. If the City finds that the material set out did not meet specifications, the Contractor will not be required to return to the unit until the next regularly scheduled pick-up. If, at the next regularly scheduled pick-up, the material set out meets specifications, the Contractor shall pick up the material. 3. Bulky Waste Collection: Bulk waste (furniture, appliances, etc.) shall not exceed 200 lbs per pick up per . household. Refrigerator doors shall be removed by customers prior to pick up. Contractors are responsible for insuring all freon is removed from refrigerated appliances by a certified technician. I I I I I I I I I I I I I I I I I I I Contractor will be responsible fOf picking up evictions in the "contract areas." The Marshal's Department will specify evictions with a yellow type tape with date of eviction. The evictee will have 72 hours to remove bulk waste. If waste is still on right-of-way at time of next bulky waste pick up, Contractor is to haul it away. The Contractor shall provide curbside collection of furniture, appliances, tires, and other items as identified in Contract Documents. a. Time and Place of Collection: The Contractor shall provide collection of bulky items one (1) day per week for all routes. The City shall be given a date on which collection will occur. Collection point will be at curbside. b. Disposal: . Bulky waste shall be delivered to Designated Disposal Facilities as specified in this document. SC-27. COLLECTION IMPEDIMENTS: SC-1S A number of collection impediments may requife special efforts to accomplish this level of service. 1. On Street Parking: Certain neighborhood streets permit "on street parking" which may present impediments to curbside collection services, especially automated services. The Contractor shall perform collection services even if the curb is blocked. No additional fees shall be payable to the Contractor for services provided under these conditions. . 2. Infrastructure Renovation/Streets Blocked by Construction: Periodically major renovation is necessary to maintain the infrastructure of the City. This includes such activities as replacing gas; water and sewer lines, surfacing Of resurfacing streets and replacing wiring for telephone, electricity or cable television. Alternate collection service must be provided during this period of disruption. The Contractor should eyaluate each circumstance individually to determine the appropriate alternative. The City shall be notified in writing of the nature of the disruption, its location and the alternative employed to provide service. No additional fees shall be payable to the Contractor for selvices provided under these conditions. I I I I I I I I I I I I I I I I I I I SC-28. CUSTOMER COMPLAINTS AND NON-PERFORMANCE: SC-16 1. Complaint Receipt and Handling: All customer complaints shall be directed to the Contractor for handling. The Contractor shall notify City in writing of each complaint reported to the City in the Contract Area. It shall be the duty of the Contractor to take whatever steps may be necessary to remedy the cause ofthe complaint and notify the City of its disposition within one working day (eight work hours) after receipt of the complaint by the Contractor. 2. Damage Claims Resolution: . The Contractor shall provide the City with a full written explanation of the disposition of any complaint involving a customer's claim of damage to private property as a result of actions of the Contractor's employees, agents or subcontractors. 3. Public Information Regarding Compl;lint Procedures: The Contractor shall notify all customers about complaint procedures, rules and regulations on a semi-annual basis and whenever there is a change of service, day(s) of collection, procedures, etc. Notice is to be in the form of printed matter distributed by the Contractor to all units served by the Contractor. All notices must be pre- approved by the City prior to use. 4. Failure to Remedy Complaints: Failure to remedy the cause of the complaint as provided for in the paragraphs above shall be considered a breach of contract. The City will have the right to send a monitor out to check on the resolution of any complaints. If a monitor records deficiencies, they will notify the Contractor of such deficiencies. The Contractor shall notify the City when these deficiencies have been corrected. The monitor will recheck the work to determine that it has been completed satisfactorily. If the monitor finds that the deficiencies previously noted were hot corrected, a charge of current monitor time at actual cost for the monitor's time and associated other costs will be deducted from the payment to the Contractor for each inspection until all noted deficiencies have been corrected. The foregoing does not preclude any other remedies associated with failure to collect or other contractual requirement. ~.z tIj ~ i ~ g' ~ ~ m Ch ~ l ~ C :J ;:+ en ~ ~ 01 ~ *z tI1 "U a "0 o en CD c.. (f) CD " ~ o :::J ~ N m en - 3" m - CD c.. C :::J. _. en N co o o I J I -' I I ~ I I ~ I , I I I I I I I I I I I I I I I -, I I I I I J J, ,. -.i ,.... r~ ^ I....;;; .. , -(/// CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 00 COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING AND BU"LKY WASTE SECTION III REFERENCE NO.: _ 2000-008(B) PREPARED BY ~" )~~. .___ _..0 J M - I IAI' 0, I PUBLIC WORKS & ENGINEERING- ENGINEERING DIVISION I i I I /- PUBLIC WORKS AND ENGINEERING DEPARTMENOT FOR AUGUSTA-RICHMOND COUNTY COMMISSION COUNCIL ROOM 701, MUNICIP A]~ BUILDING 530 GREENE STREET, AUGUS1~A, GEORGIA 30911 AUGUST 2001 .. I ,. l' [t9Z6 ON XH/X~] 60:&1 OHM 10/0&/90 08/29101 TVE 18:57 FAX ,. 'i i Iil002 ..... :n-' ,.. , P~RFORMANCE :BlOND Bond #SS014,t KNOW ALL MEN BY nmSE PRESENTS, That, ~~IIJ!D.ta DilllJo.al & R~cvclin2. lD=.(heremafter lj;allcd th~ Principal), and EveNl'een National'!!ule81bftv CO~D~DY. (hereinafter caUed Surety) a corporation of the Stllte of 2.1!!!! and has an office located at 28601 Chamn Boulevard. Suite SOO, Wood_ere. aB 441Z2 arc held and finnly bound unto AUIl~It.-RlehmoDd County Commissilm...(hereinafter called the Obligee), in the full and just slim of Draa Huntkll-Fortv-NJIle Thousand. Sev~D Hundrfold Sblty.'ive aDd 50/100 Dollar. (53"'.765.50) to the payment of which sum, well and truly to be made, the said PrincipaJ and Surety bind themselves, lheir and each of their , heirs, administrators. executors, successors and assigns, jointJy and severally, firmly by these presents. WHEREAS. the abovo bounded PrincipaJ hIS entered into a certain written contract for the ColleetloD of SaUd WaIte. 'Yard Waite aDd Bulkv Waite with the above mentioned Obligee dated _day of _ which contract is hereby referred to and made a part bercof as fully and to the same extent as if copied at length herein, and NOW, THEREFORE, THE CONDmON OF THE ABOVE OBLIGATION IS SUCH, that if the above bOlUlden Principal shall well arid tru.ly keep, do and perl'orm, ea"h and every, all and singular matters and things in said conlnet sr;t forth and spccified to be by the said Principal kept, done and performed. at the time and in the.mmner in !laid contract specified durilli the tmn of this bond, and shall pay lOver, make good and reimburse to tlte above named Obligee, alllols and damage which, said Obligee may sustain by reason of failure Dr default on the part ofsaicl Principal, then this obligation shall be null and voicl, otherwise to be and remain in tuB for(:e and effeot. PROVIDED, HOWEVER. that this bond is subject to the following conditions 'and provisions: 1. This bond ia for the tcnn beginnini Junc 1, 2001 and ending June 1, 2002. In the even.t of default by the Principal in pcrfom1an.ce ()f the con~J c1Wini the 'tClnn of this bond the Surety shall be liable only for the loss to the Obligee due 10 actual costs of performance oftbc contract up 10 the terminatioDI of the term oflhis bond and in no event shall the liability ofthc Surety exceed the ~lenal Sum of this bond. 2. No cJaim~ action, suit or proceed.ing, except as hCll'cinafter set forth. shall be had or maintained agaimt the Surety of'this instrument unless same be brouaht or iftStiluted and process served upon the Surety within six mllnths after the completion of the contract. Z 'd OLl8'ON ~dvl:l lOOZ '08'^E~ ~'l [t966 ON XH/X~] 60;~T G3M TO/O~/90 OG/2~/Ol TUB 16:68 PAX i 14\ 003 1 ,. if l' 3. Neither non-renewa.l by the Surety, nor failure, nor inability oftlie Prindpal to filc a replaccment bont! shall constitute Joss to the Oblil~ee recoverable under this bond. 4. The bond may be- c::xtc.r\dClcl for additional tcrms at the uption of the Surety, by Continuation CeJtiticate exccutcd by the SW"Cty. Signed and scaled this 29th day of MaYJ 2001. E'rincipal " -" -- J Augtllltn Di!llpollal &I: Recye1ini, Inc. ~ HA/J \ ~ k~ ~ ,(//;7~ By;UJ:dLJ2~ 'T~J~'~.~'_~:i' (Title)\. . ....--- -- - . ~ ~:..~.~--' ...- ,--;.::- By: Witness " S 'd OLlS'oN Wdvl:l lOOl 'OS'At'W [tSZ6 ON XM/Xl] 60:tT OHM TO/Ot/SO OS/29/01 TUB 10:88 FAX ..,. " 1 ,^ ltJ 004 EVERGREEN NATIONAL INDIEf~TY COMPANY CLEVEIAND,OR1ID POWER OP AnOR~IEY '" - " .... ....,'. .... '''... IEFFECt1VS DATI \June ~ '2001 ~, AMOUNT OF BOND S 34j. ~6S . ~O _ .~ ...-: POWEKNO. 5'50 143 '.~ w'. ... KNOW ALL MI!N BY TKB!IE PRBSENT:l: Thai tho BYDr","" NIIioIYl IndlllMlty CDlnplll,)'.. corperalion ill !hI! Sl&~ orOl!i,!:~~II!.~; nomtn.., caMticute lad appalnl: Daniel J. C18rk, Kllhleen P. Price lU'Id Patricia A. Tm1JllellllrUa Iftcll.\IfflJI Adomay(s}-In-FAGllli11lof!crlt' aHltld. .at, _ U1d deliver rat Irld on itt behalf, .. S~, aad lIB illl uld mid ~ .hero 1'OII\Ihwd. any UId .n bonell, undartakinp, I'8GQI'llPl\l;lee and wftlll:n oblipd~ III lJIo naNnl th..ot. PROVIDSD, however, Ih.. the ob"pdon orllle ComplDY under Ihia Pa'4o'er or A1tIinnc,. ,hall nor ucead One MlIllDft Five Hundre4 ThDUJGIl4 DoU.. (51,'00,000.00). PIlI'NCIPAL AWlW!Itl!l ni!lDOsal & Recvcl1n2. Inc. CONTRACT AMOUNT -: '. .. n.u POIllI2" or AIIim1Cl)' i. JrM~ ilIId "/IiS"ed byf'aubniIClI'IIm&N11 fa fII, tol1elllltlg JLeaolulian ecIoplad 11" i.. Bod of Dn..CiQI'lI on die 23rd day of' F lIbrulll1, I 094: "IlESOL VED, nil III)' IWV otIk... (If die COlll1'IIIIy shall ban I!Mo lIIRlaonlJ to _I" UlICl!te and doli...r a r_ al AItOnIIl1 aClllltltllrtJ11 U Jonamey(l)-iD-r"'l ot n1a1a panaw, IInnl, or "'orroratiDnllIllllM)' be ..1~ Oalft (11M tclliIII.... FUllTHllll. R210L YID. 11I11 die liBJU.l\In:a eft IU&lb aft1aeat ind lbe Sea! er lI\e ClIIIIl"ftY "'" bt .mxtd 10 lIlY ftlell 1'__ of "Ramey or III)' ccnltlc:em 11I111l1nllbCl1llO b1 ~Imlll: .... MY suell Pawer of AChlnIe)' or Il8IIIftCII. '*Irin& Iud! ""simile .ipQKaf llI' ""'lmtll. .ee1 .~ be valid lIDd tlilllllDa 1IpOII111I1 Camp.y: lilieS Ill) IIlch pftflll .0 ueeured 11I4 ~11U1e by r...imil. alpsat\lm MId I'IlDIlmll. '"' Ihall be valid lIn4 bindlns updl\ dae Calnpmy III the I'uIIIn: wilb lW.__1 ra III)' tlaDd or IllldanaIdnS 10 wlliall iI iJI..~." IN WrrNESS WHEREOF, Ibl;l Bvoqrreon \'alionlll Indemnity Complll)' II.. ~cd II. carponla leal kl Ile IIfflXed h~O, and 0-0 JllUCIl1lI ID be .Iancd by ib dlll1..lbariaocl Otflllcnl aht. 2~rd clay of FcbrvlllY. 1"4, Notary Puel1c) SlAlfI orOhio) 5S: COMPANY On chi. 1.3rd dlY of Februery, 1994. .,crCII''' the aubs.mber. a NDI~ ror the Stille of Ohio, duly eo",mwioned lIf1d qll.Ilf1.d. perMonall)!' aRmO: Crail L. StOUt and Roswell r. EIII. or &he Svar;rlllln N.lionllllndcmnil1 COIDpIftY, UI me "8"on.1I1 1aI0\lll\ let be du: indi..idu.l. IIhd omcel'8 dllloribad hCftlIn, md wha executed die precedl"A in'ltUmcnl .nd .c:kno......tdSCld dI. IX'CUllon arthc pme IIId being by me dul~ swom. dl;lpoaed and ,aiel lhat they lI1'C [he officei'll err Atdd Cnml'IIIlY IlroreSllid, WId Ih~l1ho IOal alftxcd to tit, preceding inllrumt:llt ia the ea'1'Orale SeallJf lIalel ClInlpllftY, Md !he nld Corporlle SlIaJ and 5igMlures as Dffi~o:n1 w;r; duly l'ffixGd and .ubscrib.d In the &Aid illslnnncnt by the IUthorIt,Y Ind clirc:otIon of said C~"Tll.lflliDn. BIId dull the r~11Mign of '!lid Company, refCmld to In he ~inl inluwatlAr, i. nl'w in f'oroe. IN TBSTJMOl\lY WHEREOF, I have hereunto nt n\)' hllld nnd amxcc.l mY ofticialsea\ It ColumhuN, Ohio, !hI d,>, 11\4 year abOVll writt.n. 25Ja ~.~ Sue E. 01.1"1 . NotiJy J'ublic IlweorOhio My Commiuion explreJ Augllll. Ii, 1004 Slall of Ohio) /~. ?Tilir.~a1//--:"'" ~)-_-:<:~~.:::.: . . ~~ . -', .f '" '.;-. . ~:~ SUEE.DlJFPY tefARY Pl8Jt BfAftrlCllD lAY C1JQII8SlW EIPIfII MIl ,,- I. Ihl: IIndmlijrleCl, Selll'fltAI)' oCtile II Jetgrt18A Na1io~ll~ni~ Compllfty,. IlOck corporation ofthll S'-la of Ohio, DO IlEannV CBRT1FY mal the forcloln. Power or ""tomc)' nmlllnl hi full fora and has nal tlI!6""r,C!vobd: .nd ftl,rthenaoN Ihllt "'~ R@!Itllutian of the Boml of Dircelon;. 8cl tanh herein 1~\lC, II no.... in force, :::' " Sisncd no KII.d in Clo:...llU'ld, ohio Ihi. 1St dl)' or June. 2001 . . t 'd ...~ ' . ~'l g I :Bf,YP ......."'~ DLlS'ON k ... a~~ AD... """ I ,..., ",lIillll orlllCllbnll. 01' IbIa hml. \I'lIl4 _Ift~ Wdtl:l lDOl 'os',\ew [tSZ6 ON XH/X~] 60:~1 OHM lO/O~/SO 05/2~/Ol TUB 18:58 FAX 1 STATE OF GEORGUA OFFICE OF INSURANCE AND SAFETY FIRE COMMISSIONER CERTIFICATE OF AUTlitORITY WHEREAS. THe EVERGREEN N'-TIONAL INDEMNITY COMPANY ORGANIZED UNDER THE LAWS OF THE STATE OFOHIO AND HAVING ITS HOME OFFICE IN THE OITY OF COLUMBUS STATE OFOHIO HAVING COMPLtEC WITH THE REQUIREMENTSOFTHE LAWS; AND REGULATIONS OF THIS STATE AS ARE APPLICABLE TO SUCH ORGANIZATION, IT IS HEREBV L.ICENSEO TO TRANSACT THe BUSINESS OF INSURANce IN THE STAl E OF GEORGIA ACCORDING "0 THE LAWS THEReOF, WITH RESPECT TO THE FO'..LOWING CLASSES AND/OR LINES OF INSURANOE: ' PROPERTY MARINE AND TRANSPOI:tTATION Cf\SUAL TY (INCLUDING WORKER!>>' COMPENSATION) SURETY Not"''''Q conlllMd in ,"Is Ilcen.., .I,IIr1or!11I1lI "". licenses tel 8ftaa;e In or wrile .I\Y c!Uefll or IcJnCSI of Insurance '1\ thill SUite lor '<IrtllCl'llh. Ilcel'&ll. is not BlIlhal'lZeClln "I .\all 01 domicilu. PURSUANT TO O.C.G.A. SECTION 33-3-16(a), THIS CERTIFICA're OF AUTHOAITY EXPIRES AT 11 :59 P,M. ON JUNE ~O, 2001, UNLESS SUSPISNOEO OR REVOKED IN THE MANNER PROVIDEO BY LAW. .. GIVEN UNDER MV HANO AND SEAL OF OFFICE THIS 1 ST OA Y OF JULY. 2000 tZ~ JOHN W. OXENDINE COMMISSIONER OF INSURANCE LICENSE NUMBER; 2000952 9'd OLl8'DN ~d9l:1 lOOl '08'^e~ .' [tSZ6 ON XH/XJ.,] 60:~1 OHM 10/0~/SO , 1, 06/29/01 TUB 16:89 FAX 1 I4J 006 . E~ CERTD'ICA TE 2000 The foUo\Jfing financial infomultion was e,u:erplecl fram tbc Stannol)' Annual Statement filed by Evergreen Nl\tional tndl!lInnity Company with the Ohio OepanJnant of Insumnc:c: on March I, 2001. ST A TItMENT OF INCf)ME Oi~Ct Written Premium Rei~e Auu.mad R~inswllnc:e Ceded N~t Writton ~mium Cllange in UMArnod N~t Earned Pt'emium I,.l,'ses " LAB Incumld C,)mmissign 5xpense Other ExpeNeS Underwriting Ciain/(l..ou) IllvcstmcnL GaUl Other tncorne/(BlqIOnse) income Befoft FIT Fl:deral Income Tax Net InC:OIIIC S40,640,802 6,346.$46 4',004,023 5,983,325 63,944 6,047,259 3,680,299 1,864,373 1,327,,068 (824,471) 1,OL2,33.5 1.203 189,067 (90,000) 527J,067 BALANCE SHEET ~Sc:lS Ilwosted Assot Agenta'Balances (net ofP.cir\S,) R"inswancc RCQovenblcs OtJIcr N!Cts Tl)taJ Aiattll $21,222,664 (837,787) 6.231,9JG 1,298.007 521,9111,820 ~.bilitiel &. Su~11U tJ ncamccl PKmlwn RCSClI'YI:I LI)SS & LAE Rcsorvl:ll Oilier Liabilities TII1M LI.bIUtlc. Surplul $3,409,012 7,091.842 4,8".S8S 514,3511 ,439 113."$6,381 I he~by certify that the above wormation is that C:Otlta.inecl in lhe Stltul,gry Annual Statement tiled by Evergreen Natiunal Indemnity Company with the Clhio Depamncnt of lR$Urance ror the yeu enaing December J 1,20110. Ll~ Kurt Wc:Ull1\d, See~UJJY 9 'd .OLl8'oN ~d9l:1 IOOZ '08'^e~ . "~\a f . :; \. 2 J 0 1 1 : j 3PW , Fa.t4l~ (,,05) 414-8l15Cr'l; . 319 5J1 Op. ]1M PaGe hf 3 .- ) ACORD.. CERTIFICATE OF LIABILITY INSURANCE Of> If) JCR I llAftl_ONYI , AUGiUfi--4 OS/29/01 1'1l0DUCEII I THIIlI ClIRTlPlCATC 18 IQUSO AS A MATTER OF INFORMATIClN ONlY AN) CON~~RI NO RIeHTS UPON THI eUTlFlCATE C&rraw~, Cohen' Channell HOI.DER, THIS CIRTFlCATE 0011 NOT AM!ND, EXliNO Oft 12 211 AU!l\I.lI t. Parkway Wea t I ALT!R 1'1iji COvsw. AFFORDea BV THE PCUCI!I art.OW. Augusta GA 30g09 INSURER II AFFORDINl; COveRAGE Phone: 106-868-1&10 Fax:70S-B60-S134 -.. i "-9V.:lEA Ii. ~anqe MUtual Insurance I~B' EVan>>toft In~urane. ComDa~y Au~sta D1.~Oa&1 , .Reaycl in,. I IN'~A!q c: Ccmme:oe Mutual Inau~ance Co. p, O. Box 3 4 I "'~ReR 0: E:vlln8 GA. 30809 I IlUulfll!e CCMillAcaE8 THE POUCll!e 0' MUAANCE lUITED III!1.OWHAV!! BI!IIN ISSU!O 1'0 THe IN<<.NQ NAMeD ABOVI! ,.O~ THe POLlCY "!I\IOD INOICATeO. NC'TWl':'HSTA.'lDNG H-rf I'II!CURSlI!NT. TERM OR COHOlTIQN OF ANY CONTl\t.eT OR OTl;&R ooeUM!NT \NITIoo RIlPee,' TO w..tlclol TIolII ~TlFlCATE aM 'f ISI! ISSU/Ul OR MAy,.eRTI\IlI, "'"I'!I! INSURANce .aFF~!Ollv THe "OLICII!S OESCRIBeD HIIUIIN 1Il11UB.JeCT TO AIJ. Ttt! TCRI.lS. !X~'.JSlONS AND CONDITICNS Of' III,;CI; POLiCI!I, AGGltl!aAT! lJAAITlIlHOWN MAY HAYE! BeEN ~ BY "",e CLAI~ll, IliIR . TYPE Of -_0. POue, ~Ur.4"" :.lWTI 08llmW. ~,.,no eAt~ oCC\J~JOEIlCiI! I 1 000 000 A Iil CO_lAI" 0flEIt/.L lA!1\. "TV I CPP2H2231 06/01/01 i .'~e 0i\MI0I WPf Ctl" !l"l' , 100 ooc ~ CLW.lI ~ W OCCt.R , i.tED ~ IArt, one Clllen, 3,000 U FER~ON4l.&~tIIJlJl<Y , , 1 000 OCO ~ -:"_Tl! l<>41T Al'PUSll ~E~ ' OiMilloO;._Gll.T! !' 2,000,000 1 ~Ta.co'-~o~~ . 2 000 000 ~MV n:;:- r: UlC I I ! AlITClIlofOllloll.lUfUTY I CO~iNeo 3HOLI t..NT I .1000000 A 'i' ...., -'lIro CAZ22U08 011/25/00 Ot/2S/01 rea ll:o:mt'I) ~ .....CWlfi)A>;TOS I t &ora." r~...'~v I I SC~!Cl.U'ONJTC8 (Pt, ,,"eft) B""MOO !OCLl" _ ! . ' ~AlJTOS I ~"'u K/JMN) ""01''''-'' CU\oIOI j : I ~:tr .~=!3arrt\ , I lI.UMI UMIl.II'Y l.urOO>l.Y.eAACe~!NT , I R ....UITO O'r<e~r....... !!A4CC !' oWN ON.Y. .AGO i' I I E<4:> OCCVIllll!NC! 000 000 pU~IUTY a OCM DCL.AI""MA.:l! CUBW5'742 01 02/05/0.1 02/0'/02 ~TI i '~!OUC;t8L5 'lfTD<TDw "".".u OO..'..IATION.... ;"I!ll C .lll'lO'EU'lWIll.1T'/ 4CMR.WCOUZ!5 OS/20/01 " 1000000 I i ~.~ CUle.'OCZ.llA e~o-.!I ! s 1000000 I EL llIS!o\8l!. PC,"",V u.,' s 1000000 ' OTMI. A E q1Q.pIDIm t Float:e: CJi'1'2U22Jl 06/01/01 06/01/02 oue"'~CN 0' O'E~TlONtII.OO4T'lIll~I.ItJI~CW510N8 AOD8D IT INllDlllalaiTllII'ICIAI. 'IlOVlIIllHI ce/U''''CA 11 HOLDER II AlIOmo...... 'HI""!&, 'N-.,. ~ CANCILuI TlON CI'1'1'AUQ lHa1lUl1llt'l 0' l'<E .'!WI 0.,0_ POUtl" .. c.&IICIlJ.ED 1Il!J'lllll TIel b"AATIDN CW'I ""5U ~', nolt_ IIlIUUIl WI.I. ;'O"'VN TO WoL ~ ClAlI W1UmN City o~ Augu8ta, ~815 Marvin G:if~ln P.O. Sox 6399 Auqust& SA 30g0<< MDT-OI ro T.~I '_IGArl HOLlin __0 TOTllllBT.IUT PAlWIlI TII:lO so.~ "011110 I)lU4IATION Oil UAlII.,.f OF ANT l\PIC UPON THIi INIURU.1Tt AOIIlt1I Oil ACORO 25.5 (1/87) -- I ACORDN CERTIFICATE OF LIABILIT)( INSURANC~8u~~4 DATE (MMIOD/YYl 05/18/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Carraway, Cohen & Channell HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ,1229 Augusta Parkway West ALTER THE COVE8AGE AFFORDED BY THE POLICIES BELOW. Augusta GA 30909 INSURERS AFFORDING COVERAGE Phone:706-B6B-1610 Fax:706-B60-5134 INSURED INSURER A: Grange Mutual Insurance INSURER B: Evanston.Insurance Cornpanv Au~sta Dis~osal & Recycling INSURER C: Commerce Mutual Insurance Co. P. O. Box 3 4 INSURER D: Evans GA 30809 I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A30VE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE rMY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN rMY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER b~fkC(1~b570~YE Pd',}t~1~~rd~~WN LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000 I 000 A r-xl COMMERCIAL GENERAL LIABILITY' CPP2142231 06/01/00 06/01/01 FIRE DAMAGE (Anyone fire) $ 100,000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5,000 j PERSONAL & ADV iNJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $2,000,000 I n PRO. nLOC POLICY JECT AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT f-- $ 1000000 A ~ ANY AUTO CA222930B 09/26/00 09/26/01 (Ea accident) ALL OWNED AUTOS BODILY INJURY f- $ SCHEDULED AUTOS (Per person) f- HIRED AUTOS BODILY INJURY f- $ NON-OWNED AUTOS (Per accident) f- r- PROPERTY DAMAGE $ (Per accident) RAG""""" AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ ~"H"""" EACH OCCURRENCE $ 5 I 000,000 B OCCUR D CLAIMS MADE CUBW574201 02/05/01 02/05/02 AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TORY LIMITS I /UIH- ER C EMPLOYERS' LIABILITY 4CMRWC01925 OS/20/01 OS/20/02 s 1000000 E.L. EACH ACCIDENT E.L. DISEASE. EA EMPLOYEE $ 1000000 E.L. DISEASE. POLICY LIMIT $ 1000000 OTHER .- ...... DESCRIPTION OF OPERATIONS/LOCATlONSNEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER I N / ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION JIM WALL CITY ATTORNEY 424 GREENE STREET AUGUSTA GA 30901 JIMWALL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAV~ TO MAIL 10 DAYS WRITTEN NOTICE Tel THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR I ACORD 25-S (7/97) A CORD_ CERTIFICATE OF LIABILIT'lINSURANCijJgu~~4 T DATE (MM/DDIYY) 05/18/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Carraway, Cohen & Channell HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1229 Augusta Parkway West ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Augusta GA 30909 INSURERS AFFORDING COVERAGE Phone: 706-868-1610 Fax:706-860-5134 INSURED INSURER A: Granqe Mutual Insurance INSURER B: Evanston Insurance Company Au~sta Dis~osal & Recycling INSURER C: Commerce Mutual Insurance Co. P. O. Box 3 4 INSURER D: Evans GA 30809 I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH HESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER b~~kCJ.,~b5W:~~E P~ALt~i&~rd~W~?N LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE Sl,OOO,OOO A Xl COMMERCIAL GENERAL LIABILITY' CPP2142231 06/01/00 06/01/01 FIRE DAMAGE (Anyone fire) $ 100,000 1 CLAIMS ~ADE ~ OCCUR MED EXP (Anyone person) $ 5,000 j PERSONAL & ADV iNJURY $ I, COO, 000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG $2,000,000 ~ nPRO. n POLICY JECT LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 A ~ ANY AUTO CA2229308 09/26/00 09/26/01 (Ea accident) >-- ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) >-- >-- HIRED AUTOS BODilY INJURY $ NON.OWNED AUTOS (Per accident) >-- "-- PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT S R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ ~'" U,"'UH EACH OCCURRENCE $ 5,000,000 B OCCUR 0 CLAIMS MADE CUBW574201 02/05/iJ1 02/05/02 AGGREGATE s $ DEDUCTIBLE I S RETENTION $ S WORKERS COMPENSATION AND I TORY LIMITS I 10TH. ER C EMPLOYERS' LIABILITY 4CMRWC01925 OS/20/01 OS/20/02 s 1000000 E.l. EACH ACCIDENT E.L. DISEASE. EA EMPLOYEE S 1000000 EL. DISEASE. POLICY LIMIT $ 1000000 OTHER - ........ DESCRIPTION OF OPERA TIONS/LOCA TlONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERT/FICA TE HOLDER I N I ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION JIM WALL CITY ATTORNEY 424 GREENE STREET AUGUSTA GA 30901 JIMWALL SHOULD I,NY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR I ACORD 25-$ (7/97) ,,~- ~-.--- .4 I I I I I I I I I I I I I I I I I I I INVlT A TION TQ..B.m Sealed Bids will be received at this office until 11 :00 a.m., October 17, 2000 FOR FURNISHING: BID ITEM # 00-119 - The Collection of Residential/Commercial Solid Waste, Recyclable Materials, Yard Waste and Bulky Waste. All work shall be in accordance with the contract documents of the Department of Public Works and Engineering. Copies of the Contract Documents may be examined during regular business hours at the Engineering Office, 71h Floor Municipal Bldg, Augusta, GA and at the following locations: F.W. Dodge Division Plan Room, Augusta, GA.; CSRA Business League, Augusta, GA. Copies may be obtained for bidding purposes at the Purchasing Department upon payment ofS25.00 (Non-refundable) for each set of documents issued. Bids shall be addressed to Augusta-Richmond Purchasing Department, Room 605 Municipal Bldg. Augusta, GA 30911 marking the l~nvelope: Bid Item # 00-119 - Collection ofResidentiaVComrnercial Solid Waste Bid Bids shall be completed and submitted as described in the Information for Bidders section 0 f the contract documents. A Bid Guarantee, Performance Bond and a Labor & Material Payment Bond will be required. No bid may be withdrawn for a period of ninety (90) days after the date and time set for the receipt of bids. NOTE:' ALL BIDDERS WILL BE REQUIRED TO ATTEND A MAl~DATORY PRE-BID CONFERENCE TO BE HELD AT THE PURCHASING OFFICE AT 2:00 P.M., SEPTEMBER 27,2000. Bids will be received by: The Augusta-Richmond Commission hereinafter referred to as the OWNER as the offices of: Geri A. Sams The Augusta-Richmond Purchasing Department 530 Greene Street- Room 605 Augusta, Georgia 30911 I I I I I I I I I I I I I I I I I I I It is the wish of the. Owner that minority businesses are given the opportunity to bid on the various parts of the work. This desire on thl: part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportUnity for business growth and development. The Owners reserves the right to reject any or all bids and to waive technicalities and informalities. Please mark Bid Item Number on the outside of the envelope. Bidders are cautioned that sequestration of bidding documents through any source other than the office of the Purchasing Department is not advisable. Acquisition of bidding documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his proposal. GERI A. SAl'\1S, Purchasing Director .. Publish: Augusta Chronicle - 9/7/00, 9/13/00, 9/18/00,9/25/00 Metro Courier -9/13/00 I I I I I I I I I I I I I I I I I I I PROPOSAL FOR COLLECTION OF SOLID WASTE, Y ARD WASTE, RECYCLING & BULKY WASTE Project Reference 2000-008(B) Augusta-Richmond County Commission-Council Municipal Building Augusta, Georgia 30911 Gentlemen: The undersigned as bidder, herein referred to as singular and masculine, declares as follows: 1. The only parties interested in the proposal as principals are named herein; 2. He has carefully examined and fully understands the Contract Documents, including the drawings and technical specifications; 3. He has made personal examination of the site of the proposed work. He has satisfied himself as to the actual conditions and requirements of the work; and hereby proposes and agrees that, if the Proposal is accepted, he will contract with Augusta-Richmond County to furnish all machinery, tools, apparatus and other means of collection. Also, to do all work and furnish all materials called for in accordance with the requirements of the Director of Public Works, and the true intent of the Contract Documents. He will take in payment for each item of work, thereof, the unit or lump sum plice applicable to that item as stated in the schedule below. (Note: Bidders must bid on each item.) 4. Augusta-Richmond County reserves the right to select item 1 or 2 on each section of the Bio sheet, and may elect to exercise the option of selecting or rejecting item 3 and/or item 4. Augusta-Richmond County reserves the right to reject any and all bids. BB-l I I I I I I I I I I I I I .1 I I I I I INFORMATION FOR BIDDERS Bids will be received by Augusta-Richmond County Commission-Council, Georgia, (hereinafter called the "Owner"), at the office of the Purchasing Director until II a.m., .1...2000 and then at said office publicly opened and read aloud. Each bid must be submitted in a sealed envelope, addressed to Mayor and Augusta- Richmond County Commission-Council at City-County Municipal Building, Augusta, Georgia 30911. Each sealed envelope containing a bid must be plainly marked on the outside as bid for COLLECTION OF SOLID WASTE, YARD WASTE RECYCLING AND BULKY WASTE and the envelope should bear on the outside the name of the bidder, his address and his license number, if applicable. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed the Mayor and Augusta-Richmond County Commission-Council, c/o Clerk of Commission-Council, City-County Municipal Building, Augusta., Georgia 30911. All bids must be made on the required bid form. All blank spaces for bid prices must be filled in, in ink or typewritten, and the bid form must be fully completed and executed when submitted. Only one copy of the bid form is required. The Owner may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within sixty (60) days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the bidder. Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by examination of the site and a review of the drawings and specifications including addenda. After bids have been submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done. The Contract Documents contain provisions required for the implementation, performance, and construction of the project. Inforn1ation obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the Contract. Each bid must be accompanied by a bid bond payable to the Owner for five percent of the total amount of the bid. As soon as the bid prices have been compared, the Owner will return the bonds of all except the three lowest responsible bidders. When the Agreement is executed the bonds of the remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the payment and performance bond have been executed and approved, after which it will be returned. A certified check may bl~ used in lieu of a bid bond. IFB-l I I I I I I I I I I I I I I I I I I I A perfonnance bond and a payment bond, each in the amoWlt of 100 percent of the contract price, with a corporate surety approved by the Owner, will be required for the faithful performance of the Contract. Attorneys-in-fact who sign bid bonds or payment bonds and perfonnance bonds must file with each bond a certified and effective dated copy of their power of attorney. The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance bond and payment bond within ten calendar days from the date when notice of award is delivered to the bidder. The notice of award shall be accompanied by the necessary Agreement and bond fonns. In case: of failure of the bidder to execute the Agreement, the Owner may at his option, consider the bidder in default, in which case, the bid bond accompanying the proposal shall become the property of the Owner. The Owner within ten days of receipt of acceptable performance bond, payment bond and Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the bidder may, by written notice, withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. The notice to proceed shall be issued within ten days of the execution of the Agreement by the Owner. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and the Contractor. If the notice to proceed has not been issued within the ten day period or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. The Owner may make such investigations as he deems necessary to detemtine the ability of the bidder to perfonn the work and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. .The Owner reserves the right to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Agreement and complete the work contemplated therein. A conditional or qualified bid will not be accepted. Award will be made as a whole to one bidder for each section. All applicable laws, ordinances and rules and regulations of all authorities having jurisdiction over the construction of the project shall apply to the contract throughout. Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. Th(~ failure or omission of any bidder to do any IFB-2 I I I I. I I I I I I I I I I I I I I I of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid. The low bidder must supply the names and addresses of major material suppliers and subcontractors when requested to do so by the Owner. Inspection trips for prospective bidders will be conducted by the Owner if requested in writing by the bidder. Such request shall be directed to the Director of Public Works by the bidder. The bidder agrees to abide by the requirements under Executive Order No. 11246, as amended, including specifically the provisions of the Equal Opportunity clause set forth in the Supplemental General Conditions. The engineer is the Director of Public Works. All bidders are encouraged to utilize, to the maximum extent possible, local labor forces and suppliers of materials which have residences, offices or places of business within Augusta- Richmond County, Georgia. While Augusta-Richmond. County encourages the utilization of local laborers and supplies on a purely voluntary basis on local public works projects, nothing contained herein shall impose any legal or contractual obligation for any bidder to do so. IFB-3 I 11) I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I STATE OF GEORGIA COUNTY OF RICHMOND ) ) AGREEMENT' ." THIS AGREEMENT, made this 3"/ ;) day of~~\ 2....2? 0 I , 2000, by and between the Augusta-Richmond County Commission, hereinafter called "Owner" and Augusta Disposal and Recycling , doing business as a corporation, hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements as hereinafter mentioned: 1. The Contractor. will commence and complete the project of COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING AND BULKY WASTE incompliance with the Contract Documents and within Section IlL of Augusta-Richmond County, as said Section . are more particularly described in an attachment to the "Contract Documents" as herein defined. . 2. The Contractor will furnish all materials, supplies, tools, equipment, labor and other services necessary to comply with its obligations under the "Contract Documents" as herein defined. 3. The Contractor will commenc~ the work required by the Contract Documents no later than August 3. 2001, and wilJ continue said work for a term of two (2) years ending on August 3. 2003,.unless the Contract is, at. Owner's sole option, extended for additional terms as provided in the Special Conditions of the "Contract Documents" as herein defined. ~ ~ ~~ r I ~()/ R~~ I I I I I I I I I I I I I I I I I I I 4. The Contractor agrees to perform all the work described in the Contract Documents for the period August 3.2001 through August 3. 2002 for the following sums: Section III: . $914.995.00 The Contractor agrees to perform all the work described in the Contract Documents for the period August 3. 2002 through August 3.2003 for the following sums: Section III: $952.307.00 In the event the Contract term is extended for an additional one-year term as provided in the "Contract Documents", the Contractor agrees to perform all the work described in the Contract Documents for the period AYgust 3. 2003 through August 3. 2004 for the following sums: Section III: $991.149.00 In the event the Contract term is extended for an additional one-year term as provided in the "Contract Documents,." the Contractor agrees to perform all the work described in the Contract Documents for the period August 3. 2004 through August 3. 2005 for the following sums: Section III: $ 1.031.581.00 5. The Contractor agrees to provide to the Owner, within ten (10) days of the date of notification of acceptance of his proposal, performance and payment bonds in the amount of $349.756.50, which amount is equal to 50% of Contractor's total 2001 base bid sum. 6. The term "Contract Documents" means and includes the following: Advertisement for Bids Information for Bidders Proposal Bid Bond Notice of Award Agreement Performance/payment Bond' Certificate of Owner's Attorney Notice to Proceed Change Order General Conditions Supplemental General Conditions Special Conditions Technical Specifications Drawings I I '1 I I I I I I I I I I I I I I I I Addenda: 7. The Owner will pay to the Contractor in the manner andat such times as set forth in the General Conditions such amounts as required by the Contract Documents. 8. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 9. The parties agree to execute any other documents or take any other actions necessary to effectuate this Agreement. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in five (5) days copies, each of which shall be deemed an original on the date first above written. ~o9 ~ ~....~Z.~ AUGUSTA.-RICHMOND COUNTY COMMI,SSI0N . TITLE: ~.~. BY: (SEAL) ATTEST: '.-. '.... CONTRACTOR: BY:(J_} 0-U- {Z \ ~ NAME: \tv l \..--.L-, ~ 1< ? oLaN\Q; (Type. or Print) TITLE: -p~ I ~ (SEAL) ., ... ~-.. ~ ~ ---., ~'~:' ; '- "', - ~ ; .;.:..,.. - ~\ ::: ::- ~ ~ - , --..~-~::>.-- .~./ .....~' . - ATTEST: \~ By:~12; .... I I I I I I I I I I I I I I I I I I I SCHEDULE OF PRICES SECTION 3 + 6066 UNITS BASE BID '1. Refuse and Yard Waste Collection at Curbside. Two (2) Days Per Week Pick-Up For Refuse and One (1) Day PerWeek Pick-up 011 Yard Waste: 2001 G \ Ct S3 \ .~ / 2002 II~ ~ S, ~ ~ ~ 2003 7Sb, G\ ~ ,~ 2004 7'6~~1/ .~ 2. Alternate: Refuse and Yard Waste Collection at Curbside. One (1) Day Per Week Pick-up for Refuse and One (1) Day Per Week Pick-up on Yard Waste: 2001 sot l\ I / ) 0 . ~ 2002 Co I S( ~.::L9 CZ!:. y~ .. 2003 ~~ - 2004 3. Bulky Waste Collection at Curbside One (1) Day Per Week Pick-Up For Bulky Waste: 2001 \ Y L\ J II ex . ~ (/ <Kq~ ~ 2002~ 1 , _, ~. . / 2003~ S'S '3 ~ ~ , e~ ./ 2004 00 4. Recyclables Collection at Curbside One (1) Day ]fler Week Pick-Up for Recyclable Materials: . ~ 2001 / I 31b': .~ :::: ~i ~~~ ~ 2004 <r5~ S<6 0 ,~ I I I I I I I I I I I I I I I I I I I I Grand Total The Contract covering the construction of all work described above will be completed within calendar days from the date specified in the "Notice to Proceed" of the City Engineer for: Dollars ($ . ) subject to reductions, additions and deletions provided herein on the basis of measured quantities of completed work and the prices bid. Bidder further agrees to pay as liquidated damages the sum of $ 300.00 for each consecutive calendar day thereafter cIS hereinafter provided in Section 15 of the General Conditions. It is understood that the Owner reserves the right to reject any or all proposals or to accept any proposal as deemed that is to the best interest of the Owner. It is also understood that the following addenda as issue:d during the bid period shall be included as part of the Contract Documents: Addendum Date The undersigned bidder understandS and agrees that should the Owner accept this proposal, the bidder will.within ten (10) days from the date of notification of acceptance of his proposal, execute the contract and furnish the Owner satisfactory perfOlmance and payment bonds in the amount 'equal to one hundred percent (100%) of the totaL base bid sum. Enclosed herewith is a Bid Bond or a Certified Check in the amount of . Dollars ($.8~ 1~S;so) being not less than 5 (5%) percent of the total base bid SUIn_ Should the bidder fail to execute the Contract and furnish the Perfonnance and Payment Bonds in case this proposal is accepted, the Owner shall have the right to receive the amount of the bid BB-ll I I I I I I I I I I I I I I I I I I I security as liquidated damages. If the security is a Certified Check, it may be cashed by the Owner and the amoWlt received shall become- the property of the Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by the Surety. The Wldersigned by submittal of this proposal, agrees that the above stated amount is proper measUre of liquidated damages which the Owner will sustain by. the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bonds. The successful bidder shall have a current Business Lice:nse. The Owner is an Equal Opportunity Employer. A l>-~U-<5>~ \) 1_<; ~~ ~ )2ge~Name of Bidder ~f2~€l- 7~',t)~ Signature & Title of Authorized Represent?,tive j,- -" ...- l'" 'D <:: I I .1'-<,\,'-'. (:)~ ~Ip.p&~..'i. ~t-J\.. ...... 'I Busmess Address r;;-v p..--~ . c;.. ~ City and State ~ (J ~ 5\ I '--s."'T Date: ~ (-- "^ ~ I 2....00' BB-12 I I I I I I I I I I I I I I I I I I I SEE /h-~/lBJ 6cYV~ SECTION BB BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, /}1.l1JJ1J.5TA PI5J'tXfAL ; ~eL/N6///If(7. --= as Principal, and &/C~,€/;EN /VAT z.. IAlJ;Y;/lw/7lI ----" as Surety, are hereby held and firmly , bound unto Augusta-Richmond County Commission-Council, Georgia, as Owner in the penal sum of -Y\;<; "'\ 5t. ~/;-- for the payment of which, well and truly to be made, we hereby jointly "'- and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this ~ day of IV' Cif\ , 2000. \ The condition of the above obligation is such that whereas the Principal has submitted to Augusta-Richmond County Commission-.Council, .Georgia a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing for the COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLABLES AND BULKY WASTE NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) Ifsaid Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons perfonning labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by any extension of the time BB-13 I I I I I I I I I I I I I I I I I I I within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEIU:OF, the Principal and the Surety have hereunto set these hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. ~~ L.S. (principal) (Surety) By ATTORNEY IN FACT SEAL . ,t ...._,;:=:> .L~,'-,-,~ - - ... .........:. " " :~'.:::: ..'" . - BB-14 -- . -- --"''r-~~'' I I I I I I I I I I I I I I I I I I I SECTION NA NOTICE OF AWARD TO: Augusta Disposal and Recycling 851 Triangle Industrial Ct. 'Evans. GA. 30809 PROJECT DESCRIPTION: Collection of Solid Waste, Yard Waste, Recycling and Bulky Waste- Section III The Owner has considered. the BID submitted by you for the above described WORK. in response to its Advertisement for Bids dated August 200Q, and Information for Bidders. You are hereby notified that your BID has beeri accepted for items in the amount of $1.867.302. You have agreed in your Proposal to execute the Agreement and furnish the required Contractor's Performance Bond and Payment Bond within Ten (10) calendar days from the date of this Notice to you. . If you fail to execute said Agreement and to furnish said Bonds within Ten (l0) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF A WARD to the OWNER. Dated this 17th day of May 2001. BY: 4L. t :birector of Public Works and Encineering ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged on this3.1 day of~, 2001. BY: Lt~ ~\~ TITLE:\> l2Jl-$ol'b ~ .... - ,....... ... , . ,... '.. .... '.. :---. ~_~'I;~.;' NA-l I I I I I I I I I I I I I I I I I I I . /"'-~... _1\ () ~ .~~- .~~~ SECTION PB PERFORMANCE BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE PB-3, IN FAVOR OF THE OWNER CONDmONED FOR THE P A ThfENT OF LABOR AND MA TERlAL.) KNO\V ALL MEN BY THESE PRESENTS: That ~~ I~-h. t>\~~hJ: .~~ ~ I Principal, hereinafter called Contractor, and I2-lr ~,.......... r:t 1?1" u ~ V i+ S.\ corporation organized and existing under the laws of th'e Stat. e Of~.6 F.r ~ ..fI" , with its . \.J.J ~C>\) ~ 0 10 principal office in the City <?f ~v.r ~,; , State of "'-~~l as Surety, hereinafter . 0~~ called Surety, are held and firmly bound unto Augusta-Richmond County Commission-Council, . ~/&;I;).t:le /;) RJRTlj IVlllfe Georgia, as Obligee, hereinafter called the Owner, in the penal amount of ThotlSAIUD; SEII6N IItLA/I;)J,Eb SIXTZf FIVe ANl; 6t>/~lV~' Dollars ($:S~ t-zt6'. ~ for the payment whereof Contractor and Surety bind as a themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. r J.~ ' P~l1- ::>/31 ~\ t1~~.,u;o/- oil O~.Ja;l;l <$.-<f" \VHEREAS, Contractor has by said written agreement dated' $ I fA ~ I 1...eD' , entered into a contract with OWner for the COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING AND BULKY W ASTE AT AUGUST A, GEORGIA, in accordance with the drawings and specifications issued by Augusta-Richmond County Department Public Works, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; othexwise it shall remain in full force and effect. Owner. The Surety hereby waives notice of any alteration or extension of time made by the A-4 I I I I I I I I I I I I I I I I I I I Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owners obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner./, IN WITNESS WHEREOF, this instrument is executed in ~ (number) of counterparts, each of which shall be deemed an original this~day of~, 20 ~l ~Q~EST: A- Pnn~..." t>1~~~ By ~;!J. . . _(s) ~~~/~Ge. ::::Q-t>.i:Il'-(SEAL) Address p J\ . 8U~~~. 'to ~ - _ "'" " . , '. ,...'" - .. ........... ~ .."....-:-:"""~....-_~- - PB-2 I I I I I I I I I I I I I I I I I I I Surety A TrEST: By Attomey-in- faCt (Surety) Secretary . - Address - (Seal) Witness as to Surety - Address Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. PB-3 I I I I I I I I I I I I I I I I I I I SEE /lrr/K!/IEfJ at:1Nl) SECTION PB LABOR AND MATElUAL PAYMENT BOND (NOTE: THIS BOND IS ISSUED SIMUL T ANEOUSi.. Y WITH PERFORMANCE BOND ON PAGE PB-I, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.) KNOW ALL MEN BY THESE PRESENTS: ThatIJUC,UJTA tJ,S'ptJ:5.4t ,as Principal, hereinafter called Contractor, and Et'~ IN~ ., a corporation organized and existing under the laws of the State of Cs' H 1-0. , with its principal office in the City of ~ot!.~ ,_ State of e5 ~ ~ ~ ,as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission-Council Georgia, as Obligee, hereinafter called the Owner, for the use and benefit of claimants as hereinbelow defined in the amount of 7//A!l5!;" l!aAJo/fM J;y~~ Ne 7At/LJS4A11 S~J/CN IItuv b~/) Si'Xllj F/ If€- 4J/) 50C'ENlS"' Dollars ($ 3~ ?/P5:)S~ for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated S- /3 I h-~'CJ) entered into a contract with Owner for the COLLECTION OF SOLID wAStE, t ARD WASTE RECYCLING, AND BULKY WASTE in accordance with drawings and specifications issued by Augusta-Richmond County Engineering Department, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NO\V, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required to use in the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor'for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasolin.e, telephone service or rental of equipment directly applicable to the CONTRACT. PB-4 I I I I I I I I I I I I I I I I I I I (3) (4) (2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a. direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of business, or served in ;:my manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Contractor ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, , such limitation shall be deemed to be amended so as to be equal to the minimum period oflimitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this "$') :,} day of p1~ A.D. ~ I ;?-~ ) PB-S I I I I I I I I I I I I I I I I I I I Witness (Seal) (Contractor) Attest By (Seal) (Title) Witness (Seal) (Surety) Attest By (Seal) (Title) Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. PB-6 I I I I I I I I I I I I I I I I I I I CERTIFICATE OF OWNER'S AITORNEY I, the undersigned , the authorized and acting legal representative of Augusta-Richmond County Commission-Council do hereby certify as follows: I have examined the attached Contract( s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their du1y authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions and provisions thereof. DATE: PB-7 r , " . ,'" - Public Works and Engineering Department Teresa C. Smith, P.E., Director 1815 Marvin Griffin Road Augusta, Georgia 30906 (706) 796-5040 Fax (706) 796-5045 June 29, 2001 Mr. Bill Polonus Augusta Disposal P. O. Box 211215 Augusta, Georgia 30917 Subject: Solid Waste Collection Contract File Reference: 01-008(B) You are hereby notified to commence work in accordance with the Agreement dated June 29,2001, within 35 (thirty-five) calendar days following this date, the date first written above, and you are to complete the work within seven hundred thirty (730) consecutive days after the date of this notice. The date set for completion of all work is therefore August 2,2003. BY~~o...~ ~ TITLE: Director of Public Works and Engineering ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged and the same is hereby accepted on this 29th day of June. 2001 BY: LO.pJL jJ;;L, TITLE: ?1Z4.$ . COAl I I I I I I I I I I I I I I I I I I I --" t' . .. ~ 'i SECTION NP . NOTICE TO PROCEED TO: DATE: PROJECT: You are hereby notified to commence work in accordance with the Agreement dated , 2000, within Ten QQ) calendar days following this date, the date first written above', and you are to complete the work within U consecutive calendar days after the date of this notice. The date set for completion of all work is therefore ,20_ BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged and the same is hereby accepted on this day of ,2000. BY: TITLE: COA-2 I I I I I I I I I I I I I I I I I I I GC-O 1. GC-02. GC-03. GC-04. GC-05. GC-06. GC-07. GC-08. GC-09. GC-IO. GC-11. GC-12. GC-13. GC-14. GC-15. GC-16. GC-17. GC-18. I GC-19. GC-20. GC-21. GC-22. GC-23. GC-24. GC-25. GC-26. GC-27. SECTION GC GENERAL CONDITIONS INDEX TO ARTICLES OF GENERAL CONDITIONS Section Page No. Definitions Additional Instructions and Detail Drawings Schedules, Reports and Records Drawings and Specifications Shop Drawings Materials, Services and Facilities Inspection and Testing Substitutions Patents Permits and Regulations Protection of Work, Property and Persons Supervision by Contractor Changes in the Work Changes in Contract Price Time for Completion and Liquidated Damages Suspension of Work, Termination and Delay Payments to Contractor Insurance & Indemnity Contract Security Assignments Indemnification Subcontracting Engineer's Authority Land and Rights-of-Way Taxes Order and Discipline Special Restrictions 2 4 4 4 5 6 6 7 8 8 9 10 10 10 11 11 12 12 14 16 16 18 19 19 19 20 20 GC-l I I I I I I I I I I I I I I I I I I I GC-Ol. DEFINITIONS: Wherever used in the Contract Documents, the fi)llowing terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof. 1. ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletion, clarifications or corrections. 2. BAGS - Plastic sacks designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by top. Total weight of a bag and its contents shall not exceed 35 lbs. 3. BID: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the work to be performed. 4. BIDDER: Any person, firm or corporation submitting a bid for the work. 5. BONDS: Bid, Performance and Payment Bonds and other instruments of security furnished by the Contractor and his Surety in accordance with the Contract Documents. 6. BULKY WASTE: Stoves, refrigerators, water tanks, washing machines, furniture and other waste materials, including 200 lbs. or less of Constmction Debris, and tires with weight~ or volumes greater than those allowed for Containers. " 7. CART: A plastic receptacle with wheels and lid with a capacity of90-95 gallons. 8. CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents or authorizing an adjustment in the contract price or contract time. 9. CITY: Augusta-Richmond County Commission-Council, Augusta, Georgia. 10. CONSTRUCTION DEBRIS: Waste building materials resulting from construction, remodeling, repair or demolition operations. 10. CONTRACT DOCUMENTS: The contract including Advertisement for Bids, Information for Bidders, Proposal, Bid Bond, Notice of award, Agreement, Performance Bond, Payment Bond, Notice to Proceed, Change Orders, General Conditions, Supplemental General Condition, Special Conditions, Technical Specifications, Drawings and Addenda. 12. CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions of the Contract Documents. 13. CONTRACT Tllv1E: The number of calendar days stated in the Contract Documents for the completion of the work. I I I I I I I I I I I I I I I I I I I 14. LIFE OF THE CONTRACT: The total duration of the contract from Notice to Proceed to completion of all the work. 16. CUSTOMER: Means the recipient of collection services, and can be a resident in the Contract Area, or a Designated Non-Residential Location. 17. DESIGNATED COLLECTION AREA(S): Means that geographic area at which the Contractor will provide collection and other services pursuant to the Proposal. Collection points will be at the curb for Refuse, Yard Waste, Bulky Waste, and Recyclable. Collection points will be at the curb or in centralized areas for multi-family housing, as detennined by the engineer and in the back yard for customers with physical disabilities (for refuse collection only). 18. DESIGNATED DISPOSAL FACILITY: Means'a facility to which each material collected under this contract must be delivered. The disposal facility for any or all of the materials collected may change to meet the needand contractual obligations of the City. 19. DESIGNATED NON-RESIDENTIAL LOCATION: Means a non-residential location in the Contract Area that receives collection and other solid waste services from the Contractor. 20. DRAWINGS: The part of the Contract Docwnents which show the characteristics and scope of the work to be performed and which have been prepared or approved by the Engineer. 21. ENGINEER: The person, firm or corporation named as such in the Contract Documents. 22. GARBAGE: Every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, conswnption dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains, or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable animal or vegetable waste matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of Bulky Waste, Construction Debris, Hazardous Waste or Rubbish. 23. HAZARDOUS WASTE: Waste, which is defined, characterized or designated as hazardous by the United States Environmental Production Agency or appropriate State agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For purposes of this Contract, the term Hazardous Waste shall also include motor oil, gasoline, oil base or lead paint, paint cans or their cans. 24. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the successful Bidder. I I I I I I I I I I I I I I I .1 I I I 25. NOTICE TO PROCEED: Written communication i.ssued by the Owner to the ~ontractor authorizing him to proceed with the work and establishing the date of commencement of the work. 26. OWNER: A public or quasi-public body or authority, corporation, association, partnership or individual for whom the work is to be performed. 27. PROJECT: The undertaking to be performed as provided in the Contract Documents. 28. RECYCLABLE MATERIAL(S): Newsprint (magazines); brown, clear and green glass and jars; aluminum and bi-metal cans; HDPE Clear plastic milk jugs and PET plastic soft drink containers; or any other Commodity agreed upon in writing by the City and Contractor. 29. REFUSE: All Garbage and/or Rubbish and/or Bulky Waste and/or Yard Waste generated by a customer. 30. RESIDENT PROJECT REPRESENTATIVE: The authorized representative of the Owner who is assigned to the project site or any part thereof. 31. RESIDENTIAL UNIT: An occupied dwelling (whether a single family home or a multi- family unit) requiring curbside collection. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. 32. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a Subcontractor, Manufacturer, Supplier or Distributor, which illustrate how specific portions of the work shall be fabricated or installed. 33. SOLID WASTE: Is defined as garbage and trash. This may include glass jars, bottles, aluminum cans, steel cans, plastic soda and liquor bottles, newspapers and inserts, plastic soda, milk and water bottles and spiral paper cans, and other solid waste including yard . waste, and bulky waste as defined. Residential solid waste shall not include discarded building materials, trees, brush and other material resulting from the activities of building contractors, commercial tree trimmers or commercial lawn services, large quantities of sod, dirt and trash from land clearing, and other materials requiring special handling as determined by the engineer. 34. SPECIFICATIONS: A part of the Contract Documents consisting of written descriptions of a technical nature or materials, equipment, construction systems, standards and workmanship. 35. SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the Contractor or any other Subcontractor for the performance of a part of the work at the site. I I I I I I I I I I I I I I I I I I I 36. SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction of the project or a specified part can be utilized for the purposes for which it is intended. 37. SUPPLEMENTAL GENERAL CONDITIONS: Modifications and/or additions to the General Conditions of a specific nature generally aimed at the specific contract of which it is a part. 38. SUPPLIERS: Any person, supplier or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site. 39. UNIT: Shall be defined as one (1) residential unit, individual apartment or condominium in a multiple family residence, or Designated Non-Residential Location unless otherwise specified by the City. 40. WRITTEN NOTICE: Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address or delivered in person to said party or his authorized representative on the work. 41. YARD WASTE: All tree trimmings, dead plants, weeds, leaves, and dead tree debris not exceeding five feet (5') in length, four inches (4") in diameter or fifty pounds (50 lbs.). GC-02. ADDITIONAL INSTRUCTIONS AND DET AlL DRAWINGS 1. The Contractor may be furnished additional instructions and detail drawings, by the Engineer, as necessary to carry out the work required by the Contract Documents. 2. The additional drawings and instructions thus supplied will become a part of the Contract Documents. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. GC-03. SCHEDULES, REPORTS AND RECORDS~ 1. The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records. and other data as the Owner may request concerning the work performed or to be perforined. I I I I I I I I I I I I I I I I I I I 2. Prior to the first partial payment estimate, the Contractor shall submit schedules showing the order in which he proposes to cany on the work, including dates at which he will start the various parts of the work, estimated date of completion of each part and as applicable: 2.1 the dates at which special detail drawings will be required; and 2.2 respective dates for submission of shop drawings, the beginning of manufacture, the testing and the installation of materials, supplies and equipment. 3. The Contractor shall also submit a schedule of paym(~nts that he anticipates he will earn during the course of the work. GC-04. DRAWINGS A..L'ffi SPECIFICATIONS: 1. The intent of the drawings and specifications is that the Contractor shall furnish all labor, . materials, tools, equipment and transportation necessary for the proper execution of the work in accordance with the Contract Documents and all incidental work necessary to complete the project in an acceptable manner, ready for us, occupancy or operations by the Owner. 2. In case of conflict between the drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. 3. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk: 4. All work that may be called for in the specifications and not shown on the drawings, or shown and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both these ways and should any work or material be required which is not detailed in the specifications or drawings, either directly or indirectly, but which is nevertheless necessary for the proper canying out of the intent th(~reof, the Contractor is to understand the same to be implied and required and shall perform aU such work and furnish any such material as fully as if they were particularly delineated or described. 5. It is understood and agreed that the Contractor, by careful examination, has satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the c:haracter of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions and all . other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. I I I I I I I I I I I I I I I I I I I major changes in the function of the contract will result. Incidental changes or extra component parts required to accommodate the substitute will be make by the Contractor without a change in the contract price or contract time. GC-OS. SHOP DRAWINGS: 1. The Contractor shall provide shop drawings as may be necessary for the prosecution of the work as required by the Contract Docwnents. The Engineer shall promptly review all shop drawings. The Engineer's approval of any shop drawings shall not release the Contractor from responsibility for deviations from the Contract Documents. The approval of any shop drawing which substantially deviates from the requirement of the Contract Docwnents shall be evidenced by a Change Order. 2. When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification that he has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. 3. Portions of the work that require shop drawing or sample submission shall not begin until the shop drawing or submission has been approved by the Engineer. A copy of each approved shop drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. GC-06. MATERLli.S, SERVICES AND FACILITIES: 1. It is understood that, except as otherwise specifically stated in the Contract Docwnents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the work within the specified time. 2. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. Stored materials and equipmlmt to be incorporated in the work shall be located so as to facilitate prompt inspection. 3. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 4. Materials, supplies or equipment shall be in accordance with samples submitted by the Contractor and approved by the Engineer. 5. Materials, supplies or equipment to be incorporated into the work and purchased by the Contractor of the Subcontractor will be subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. I I I I I I I I I I I I I I I I I I I GC-07. INSPECTION AND TESTING: 1. All materials and equipment usedin the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards. 2. The Contractor shall provide, at his expense, the necessary testing and inspection services required by the Contract Documents, unless otherwise provided. 3. The Owner shall provide all other inspection and testing services required by the Contract Documents. 4. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness. 5. Neither observation by the Engine~r or inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the work in accordance with the requirements of the Contr;acts Docwnents. 6. The Engineer and his representatives will at all. times have access to the work. In addition, authorized representatives and agents of any participating Federal or State Agency shall be permitted to inspect all work, equipment, materials, payrolls, records of personnel, invoices of materials and other relevant data a.nd records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. GC-08. SUBSTITUTIONS: 1. When a material, article or piece of equipment is identified on the drawings or specifications by reference to brand name or catalogue number, the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article or piece of equipment of equal substance and function for those name or catalogue nwnber and if, in the opinion of the Engineer, such material, article or piece of equipment is of equal substance and function to that specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deducted from the contract price and the Contract Docwnents shall be appropriately modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function of the Gontract will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract timl~. I I I I I I I I I I I I I I I I I I I GC-09. PATENTS: 1. The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and save the Owner harmless from loss on account . thereof except that the Owner shall be responsible for any such loss when a particular process, design or the product of a manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process product specified is an infringement of a patent, he shall be responsible for such loss Unless he promptly gives such information to the Engineer. GC-IO. PERMITS AND REGULATIONS: 1. Permits and licenses of a temporary nature 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. If the Contractor observes that the Contract Documents are at variance therewith, he shall promptly notify the Engineer in writing and any necessciry changes shall be adjusted as provided in Section 13, Changes in the Work. GC-ll. PROTECTION OF WORK, PROPERTY Al'lD PERSONS: 1. 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 material or equipment to be incoI1Jorated 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. 2. 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 ne~essary 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 whose acts any of them are liable, except damage or lossattribtitable to the fault of the Contract Document or to the acts or omissions of the Owner or the Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable arid not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor. 3. 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. I I I I I I I I I I I I I I I I I I I' GC-12. SUPERVISION BY CONTRACTOR: 1. 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 be present on the site at all times as required to perfonn adequate supervisiol1 and coordination of the work. Supervisor or Superintendent will not be the operator of a route collection unit. Supervisor will have a cellular phone and mobile communication(s) at all times during collection operation hours. GC-13. CHANGES IN THE WORK: 1. The Owner may at any time as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents or' in the time required. for perfonnance of the work, an equitable adjustment shall be authorized by Change Order. 2. The Engineer, also, may at any time, by issuing a field order, make changes in the details of the work. The Contractor shall proceed with the perfonnance of any changes in the work so ordered by the Engineer unless the Contractor believes that such field order entitles him to a change in the contract price or time or both, in which event he shall give the Engineering written notice thereof within ten (10) days after the receipt of the ordered change pending the receipt of an executed change order or further instruction from the Owner. GC-14. CHANGES IN CONTRACT PRICE 1. The contract price may be changed only by a Change Order. The value of any work covered by a Change Order or of any claim for increase or decrease in the contract price shall be determined by one or more of the Jollowing methods in the order of precedence listed below: 1.1 Unit prices previously approved. 1.2 An agreed lump sum. 1.3 The actual cost for labor, direct overhead, materials, and supplies, equipment and other services necessary to complete the work. In addition there shall be added an amount to be agreed upon, but not to exceed fifteen (15) percent of the actual cost of the work to cover the cost 0 f general overhead . and pro fit. GC-lS. TIME FOR COMPLETION AJ.'\TD LIQUIDATED DAMAGES: 1.' The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed. I I I I I I I I' I I I I I I I I I I I 2. The Contractor will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the contract time for the completion of the work described herin is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. 3. If the Contractor shall fail to complete the work wi1hin the contract time, or extension of time granted by the Owner; then the Contractor will pay to the OWner the amount for liquidated damages as specified in the bid for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Documents. 4. The Contractor shall not be ~harged with liquidated dames or any excess cost when the delay in completion of the work is due to the following and the Contractor has promptly given written notice to such delay to the Owner or Engineer. 4.1 To any preference, priority or allocation order duly issued by the O\Vt1er. 4.2' To unforeseeable . causes beyond the control and without the fault of negligence of the Contractor, including but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather; and 4.3 To any delays of subcontractors occasioned by any of the causes specified in Paragraphs 4.1 and 4.2 of this Article. GC-16. SUSPENSION OF THE WORK,TERlVIINATION Ai'(D DELAY: 1. The Owner may, at any time and without cause, suspend the work or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the Contractor, by written notice to the Contractor. The Engineer shall fix the date on which work shall be resumed. The Contractor will resume that work on the date so fixed. The Contractor will be allowed an increase in the contract price, an extension of the contract time, or both, directly 'attributable to any suspension. 2. . If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors or if a trustee or receiver is appointed for the Contractor or for any of his property or if he files a petition to take advantage of any debtor's act to reorganize under the bankruptcy or applicable laws or if he repeatedly fails to supply sufficient skilled worlanen or suitable materials or equipment, orifhe repeatedly fails to supply sufficient skilled workmen or suitable equipment or ifhe disregards law, ordinances, rules, regulations or orders of any public body having jurisdiction of the work or if he disregards the authority of the Engineer, or if, in the opinion of the Engineer, the C9ntractor fails to make satisfactory progress in prosecuting the work, or if he otherwise violates any provision of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and his Surety a Minimum of ten (10) days from delivery of a written notice, tenninate the services of the Contractor and take possession of the Project: and of all materials, equipment, tools, I I I I I I I I I I I I I I I I I I I equipment and machinery thereon owned by the Contractor and finish the work by whatever method he may deem expedient. In such case, th(~ Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the direct and indirect costs of completing the project,' including compensation for . additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner.' Such costs incurred by the Owner will be determined by the Engineer and incorporated in a Change Order. 3. Where the Contractor services have been so terminated by the Owner, said termination shall not affect any right of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor from compliance with the Contract Documents. 4. After ten (10) days from delivery of a written noti.ce to the Contractor and the Engineer, the Owner, may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and,terminate the Contract. In such case, the Contractor shall be paid for all work executed and any expense sustained plus reasonable profit. 5. If, through no act or fault of the Contractor, the work is suspended for a period of more than ninety (90) days by the Owner or under an order of court or other public authority, or the Engineer fails to act on any request for payment within thirty (30) days after it is submitted, or the Owner fails to pay the Contractor substantially the sum approved by the Engineer within thirty (30) days of its approval and presentation, then the Contractor may after ten (10) days from delivery of a written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner payment for all work executed and all expenses sustained. In addition, and in lieu of terminating the Contract, if the Engineer has failed to act On a request for payment or if the Owner has failed to make any payment as aforesaid, the Contractor may, upon ten(lO) days notice to the Owner and the Engineer, stop the work until he has been paid all amounts then due, in which event and upon resumption of the work, Change Orders shall be issued for adjusting the contract price or extending the contract time or both to compensate for the costs and delays attributable to the stoppage of the work. 6. If the performance of all or any portion of the work is suspended, delayed, or interrupted as a result of a failure of the Owner or the Engineer to act within the time specified in the Contract Documents, or if not time is specified, \vithin reasonable time, an adjustment in the contract price or an extension of the 'contract time or both, shall be made .by Change Order to compensate the Contractor for the costs and delays necessarily caused by the failure of the Owner or the Engineer. - GC-17. PAYMENTS TO THE CONTRACTOR: 1. The Contractor shall submit a monthly payment requ.est to the City for services performed the previous month. The City shall pay the Contractor within thirty (30) days of receipt of a correct payment request by the Augusta-Richmond County Finance Department. payment shall be based on the contract area. The City shall deduct any assessments due from the payment owed I I I I I I I I I I I I I I I I I I I the Contractor. The price paid shall be the sum of: tlie price proposal for curbside refuse collection in the contract area, plus the price proposal for yard waste collection in the contract area, plus the rice proposal for recycling, plus the unit price proposal for bulky waste collection as authorized by the City, less any assessments, plus any approved special services perfonned during the payment period. Payment requests shall be accompanied by (1) data su.pporting the payment request, as necessary, in the City's opinion, to substantiate the Contractor's right to remittance of the amounts requested; (2). a signed certification from thc~ Contractor that it has fully and properly performed all items of work covered by the payment request, that all insurance and bonds required hereunder are in full force and effect, that all subcontractors and suppliers have been paid from previous requests, and that it is not in default under any provision of this Contract. Should the City dispute any portion of the payment request, it shall, withiri thirty days, furnish a detailed itemized explanation of such objection, which cites its authority under the Contract to withhold such payments. All amounts not in dispute shall be paid within thirty (30) days following receipt by the City of such payment request, subject to withholding as otherwise provided herein. Original payment requests shall be sent to: Augusta-Richmond County - Finance Department Accounts Payable Section Room 108, Municipal Bldg. 530 Greene Street Augusta, GA 30911 A duplicate invoice shall be sent to: Office of the Director of Public Works And Engineering Room 701, Municipal Bldg. 530 Greene Street Augusta, GA 30911 GC-18. INSURANCE A1'\TD INDEMNITY: 1. To the extent permitted by law, the Contractor shall indemnify and save harmless Augusta- Richmond County Commission-Council, its officers, agents, employees and assigns from and against all loss, cost, damages, expense and liability caused by an accident or other occurrence resulting in bodily injury, including death, sickness and disease to any person; or damage or destruction to property, real or personal; arising directly or indirectly from operations, products ._-~~ I I I I I I I I I I I I I I I I I I I or .services rendered or purchased under this Contract; or violation of any ihterlocal agreement, state or federal rule, regulation or law, or any other provision oflaw regulating solid waste collection, hauling or disposal. The Contractor shall be held responsible for nay dan1age to customers' property, real or personal, which occurs by the Contractor or the Contractor's agent in the performance of this Contract. If the City, upon an independent investigation, finds that the Contractor has failed to completely reimburse the customer for the damaged property, the City may pay the customer any monetary amount it deems necessary to make the customer whole and deduct the same . . . from the Contractor's monthly payment. 2. 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.. 2.1 Claims under Workman's Compensation, disability benefit and other similar employee benefit acts, 2.2 Claims for damages because of bodily injury, occupational sickness or disease or death of his employees, 2.3 Claims for damages because of bodily injury, sickness or disease or death of any person other than his employees, 2.4 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 2.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 3. 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 coverages afforded under the policies' will not be cancelled unless at least fifteen (15) days prior written notice has been given ~to 'the Owner. 4. The Contractor shall procure and maintain, at his own expense, during the life of the .' Contract, liability insurance as hereinafter specifi1ed. 4.1 Contractor's General Public liability and Property Damage insurance including vehicle coverage issued to the Contractor and protecting him from all claims for personal injury, including'death, and all cl.aims for destruction of or damage to property, arising out of or in connection 'Nith any operations under the Contract Documents, whether such operations be by himself or by any Subcontractor under I I I I I I I I I I I I I I I I I I I him or anyone directly or indirectly employed by the Contractor or by a Subcontractor under him. Insurance shall be written with a limit ofliability of not less than $200,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by anyone person in anyone accident; and a limit of liability of not less than $500,000 for any such dam~ges sustained by two or more persons in anyone accident. Insurance shall be written with a limit ofliability of not less than $100,000 for all property damage sustained by anyone person in . anyone accident; and a limit ofliability of not less than $200,000 for any such damage sustained by two or more persons in anyone accident. 4.2 The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the Project to the full insurable value thereof for the benefit of the Owner, the Contractor and. Subcontractor as their interest may appear. This provision shall in no way release the Contractor or Contnictor's Surety from obligations under the Contract Documents to fully complete the Project. . . 6. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, in accordance with the provisions of the laws of the state in which the work is performed, Workman's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require such Subcontractor similarly to provide Workman's Compensation Insurance, including occupational disease provision for all of 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 at the site of the Project is not protected under Workman's Compensation statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected GC-19. CONTRACT SECURITY: 1. The Contractor shall, within ten (10) days after the receipt of the Notice of Award, furnish the Owner with a Performance Bond and a Payment Bond in penal sums equal to the amount of the contract price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact business in the state in which the work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these bonds shall be borne by the Contractor. If at any time a Surety on any such bond is declared a bankrupt or loses its right to do business in the state in which the work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the Owner to do so, substitute an acceptable bond (or bonds) in , I I I I I I I I I I I I I I I I I I I such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new Surety or Sureties shall have furnished an acceptable bond to the Owner. GC-20. ASSIGNMENTS: 1. 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. GC-21. INDEMNIFICATION: 1. The Contractor will indemnify and hold harmless the Owner and the Engineer and their 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. 2. In any and all claims against the Owner or the Engineer or any of their 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. 3. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, design or specifications. GC-22 SUBCONTRACTING: 1. T he Contractor may utilize the services of specialty Subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty Subcontractors. 2. The Contractor shall not award work t~ Subcontractor(s), in excess of fifty (50%) percent of the Contract Price, without prior written approval of1he Owner. 3. The Contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractors, and of perso~' either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him.' . 4. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to I I I I I I I I I I I I I I I I I I I the work to bind the Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the work of Subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. 5. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. GC-23. ENGINEER'S AUTHORITY: 1. The Engineer shall act as the Owner's representative during the contract period. He shall decide questions which may arise as to quality and acceptability of materials furnished and work' petfonned. He shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Engineer will make visits to the site and determine if the work is proceeding in accordance with the Contract Documents. 2. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship and execution of the Work. 3. The Engineer will not be responsible f()r the collection means, controls, techniques, sequences, procedures or safety. 4. The Engineer shall promptly make decisions relative to interpretation of the Contract Documents. GC-24. LAl~D AND RIGHTS-OF-WAY: 1. Prior to issuance of Notice to Proceed, the Owner shall obtain all land and rights-of-way necessary for carrying out and for the completion of the work to be perfonned pursuant to the Contract Documents, unless otherwise mutually agreed. 2. The Owner shall provide to the Contractor infonnation which delineates and describes the lands owned and rights-of-way acquired. 3. The Contractor shall provide at his own expense and without liability to the Owner any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. GC-25. TAXES: 1. The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place where the work is perfonned. I I I I I I I I I I I I I I I I I I I GC-26. ORDER AND DISCIPLINE: 1. The Contractor shall at all times enforce strict discipline and good order among his employees and any employee of the Contractor who shall appear to be incompetent, disorderly or intemperate or in any other way disqualified for or unfaithful to the work entrusted to him, shall be discharged immediately on the request of the Engineer and he shall not again be employed on the work without with the Engineer's written consent. GC-27. SPECIAL RESTRICTIONS: 1. No work shall be allowed after the hours of darkness, or on Sunday without permission of the Owner I I I I I I I I I I I I I I I I I I I SPECIAL CONDITIONS SC-Ol. SCOPE OF WORK.: The work under this Contract shall consist of the items contained in the Proposal, including all the supervision, materials, equipment, labor and all other items ne<::essary to complete said work in accordance with the Contract Documents. SC-02. ADDITIONAL SERVICE: . . . Pursuant to this Contract, no customer may be provided additional services by the Conti-actor which are outside the scope of this Contract. The Contractor shall not charge any customer for services provided by the City under the terms of this Contract. Likewise, the City shall not be responsible to the Contractor or the customer for any additional services provided at the request of the customer by the Contractor. SC-03. DESCRIPTION OF CONTRACT AREA: The Contract Area designated by the City is described in an attachment to this Contract. Contractor is responsible for collection within the contract area. Estimated units are for reference only and Contractor is responsible for verifying the exact number of units in each contract area. SC-04. GENERATION OF MATERIALS: Because future increases or decreases in population, number of units or generation of residential solid waste and other materials in the contract area Carlllot be guaranteed, it is expected that proposers will formulate their own projections of amounts of materials to be generated and collected for the purposes of their Proposals. SC-05. CONTRACT PERlOD: The initial term of this Contract is for two years :md the City may, at its sole option, renew the Contract for two successive one-year terms (extensions) under the .conditions set forth in this Contract. The City shall give the Contractor written notice of its intention to extend the Contract a minimum of ninety (90) da.ys before the expiration of the Contract. Any changes in the Contract terms shall be agreed to and accepted, in writing, by the City and the Contractor. sc-o I I I I I I I I I I I I I I I I I I I SC-06. NOTICE TO PROCEED: Since no interruption of the existing service is permissible, service transition (from private or other contractor provided to Contractor-provided service) must be coordinated and executed on the starting date set forth in the Notice to Proceed. The City intends to issue the Notice to Proceed within three months after award of the Contract. SC-07. CONTRACT DOCUMENTS PROVIDED: The Contractor will'be provided with three (3) sets of Contract' Documents. Additional sets may be obtained at the cost of printing. SC-08. SOLID WASTE ORDINANCES: Augusta-Richmond County Solid Waste Ordinances, available upon request, are hereby incorporated into this Request for Proposals and the Contractor shall comply with the Ordinances in carrying out the Contractor's duties and obligations. SC-09. CONTRACTOR RESPONSIBILITIES: 1. Compliance with Laws and Ordinances: The Contractor shall comply with all applicable local, state and federal ordinances, statutes, laws, rules and regulations governing the collection, transportation and disposal of solid waste, refuse yard waste, bulky waste and recyclables. No plea of misunderstanding will boe considered on account of ignorance thereof. The Contractor shall be in compliance with all applicable Federal, State and/or Local laws regarding employment practices. Such laws will include, but shall not be limited to workers' compensation, the Fair Labor Standards Act (FSLA), the Americans With Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA regulations applicable to the work. If the proposers or Contractor discover any provisions in the specifications or Contract Documents which are contrary to or inconsistent with any law, 'ordinance or regulation, they shall immediately report it in writing to the City Engineer. . 2. 'Taxes: The Contractor shall pay all Federal, State and Local taxes and fees which may be chargeable against the performance of the work. No additional compensation will be made to the Contractor for taxes or fees except in the following situation: the Contractor may pass through to the City those new taxes and fees levied by the City specifically on garbage haulers after receipt of the bids. SC-l I I I I I I I I I I I I I I I I I I I SC-lO. HUMAN RESOURCE PROVISION: Personnel Administration: '. 1. Character and Conduct of Employees: a. The Contractor's employees who normally and regularly come into direct contact with the public shall bear a means of individual id.entification to include a uniform with a name badge, name tag or identification card. Shirts and Jackets will be safety orange in color with dark blue pants. as approved by the Engineer. b. The Contractor shall assure that employees serve the public in a courteous, helpful and impartial manner. All employees of the Contractor in both field and office shall refrain from belligerent behavior and/or profanity, to the extent that such behavior negatively impacts the provision of service to customers and others with whom the Contractor and its employees come into contact, during the performance of the Contract. Correction of any such behavior <li1d language shall be the responsibility of the Contractor. c. In the event a report is' received alleging an employee(s) of the Contractor was wanton, discourteous, belligerent, profane or in any way intimidating, either physically or verbally, the Contractor shall submit a written report to the Engineer outlining the complete details of the incident. Said report shall include the nature of the incident, time, date and location and name, address and telephone number of the person alleging the violation. The report shall also include the name and title of the employee and what disciplinary action, ifany, was taken. If an employee of the Contractor is the subject of repeated or egregious allegations of the type described above, the City may request that the employee be barred from further work for the Contractor in connection with this Contract. Upon the City's request, the Contractor shall, immediately, comply with the City's request for the duration ofthe Contract Time. d. Personnel shall makecoUection with as little noise and as little disturbance to the customer as possible. e. No employee shall disturb or otherwise interfere with property that is impertinent to the proper execution of his duties. f. Care shall be taken to prevent damage to property including shrubs, flowers and other plants. g. Additional Contractor 'Liability: The Contractor shall be held responsible for any damage to customers property, real or personal, which occurs by the Contractor or the Contractor's agent in the performance of this Contract. If the City, upon on independent investigation, finds that the Contractor has failed to completely reimburse the customer for damaged property, the City may pay the customer any monetary amount it deems necessary to make the customer whole and deduct the same from the Contractor's monthly payment. SC-2 I I .1 I I I I I I I I I I I I I I I I 2. Nondiscrimination: a. The Contractor agrees that it has adopted and will maintain and enforce a policy of nondiscrimination on the basis of race, color, religion, sex, age, national origin or disability. b. The Contractor agrees that on written request, it will permit access during nonnal business hours to its records of employment, employment advertisements; application forms and other pertinent data and records to the City, for the purpose of investigation to ascertain compliance with the nondiscrimination provisions of this Contract. c. The Contractor agrees that it will inform the City in writing of any alleged violation(s) of employment practices, which its employees file with the Equal Employment Opportunity Commission, Labor Department or any other Federal or State compliance agency. Also the Contractor will inform the City of the final disposition of such cases. 3. Drug-Free \Vorkplace: The Contractor will take the necessary steps to assure that he maintains a drug-free workplace. These steps shall inClude but shall not necessarily be limited to the following: compliance with the: Federal Drug-Free Workplace Act, Substance Abuse and Mental Health Services Administration (SAi\1HSA) standards and reguhltions, Federal Department of Transportation laws and State law regarding drug testing. SC-l1. SCHEDULES, ROUTES Ai'\ID PUBLIC INFORNLATION: The Contractor shall submit detailed route maps and route summaries to the Engineer within thirty (30) working days prior to implementation of service. Those routes will be documented on detailed. route maps which show the area to be collected, the starting point . for collection and the exact direction of travel ,md order of travel of streets to be collected. These routes shall be approv'ed by the Engineer prior to the initiation of any service delivery. Notification to customers will be issued by the Contractor within ten (10) working days prior to implementation of service. Notification of customers is the Contractor's sole responsibility. Any subsequent changes, of routing or schedule: must be approved by the Engineer prior to implementation. All such changed routes must be documented in the same detail as the original maps supplied by the Contractor. Notification of customers in a timely manner about route and scheduling changes, as well as public education and community outreach programs, is the Contractor's sole responsibility. To ensure coordination of public information, all materials and information that wiil be disseminated to customers must be pre-approved by the Engineer before dissemination. It is the Contractor's responsibility to coordinate production and dissemination of schedules to allow for reasonable review time by the Engineer, as well as for revisions, and coordination of messages, as well as meeting City publication deadlines, as applicable. SC-3 I I I I I I I I I I I I I I I I I I I All notices should provide City-wide information to minimize any confusion that might occur between City and Contract Area customers. The public education prograrii shall include information on recycling and waste reduction, in support of the City's, County's and State's Waste Reduction Programs and Goals. SC-12. SERVICE FREQUENCY: The Contractor shall provide regularly scheduled service for all collections from the curb (or other Designated Collecti9n Area) to each unit within Contract Area Frequency of collection will be determined by City prior to an award of the Contract. Alternatives as listed in the bid schedule will be the basis on the frequency of collection. SC-13. DAYS OF COLLECTION: Scheduled days of collection are limited to Monday thru Friday, except for special downtown business district, which incorporates Saturday pickup on refuse only. No regularly scheduled collection shall be allowed on Sunday without the prior approval of the Director of Public Works. HOLIDAYS: Collection by the Contractor will be suspended on the observed day of City Holidays as shown below: NEW YEAR'S DAY INDEPENDENCE DAY THA.1"\fKSGIVING DAY CHRlSTMAS DAY The Contractorshall submit to the City within ~ (30) days prior to the starting date, a schedule of alternate days of coI!ection for customers whose normal collection day falls on a holiday. The schedule will be approved by the City and the Contractor will notify customers along with regular schedule. SC-14. OFFICE: The Contractor shall maintain an office or such other facilities through which it can be contacted. It shall be equipped with sufficient local telephones and shall have a responsible person in charge from 8:00 am to 5:00 pm on regular collection days. The Contractor shall also provide a local telephone number where the Contractor may be contacted at all other times. SC-4 I I I I I I I I I I I I I I I I I I I SC-15. COMPLAINTS: All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missedschectuled collections, the Contractor shall investigate and if such allegations are verified, shall arrange for the collection of the refuse not collected within 24 hours after the complaint is received, unless otherwise instructed by the Engineer. SC-16. CARE AND DILIGENCE: The Contractor shall exercise all reasonable care and diligence in collecting solid waste, recyclables, yard waste and bulky waste. Every effort must be make to prevent spilling, scattering or dropping solid waste during the collection process. However, in the event that solid waste is spilled, scattered or dropped., the collector shall immediately clean up the material. Containe:-s must be replaced in an upright position with lids closed, If the container falls over, the collector must'immediately reset the container. The Contractor acknowledges-that solid waste collection easements are frequently co- located with other utility easements, Therefore, particular attention must be given to the location of water meters, mailboxes, transformc~rs, wires, utility poles and irrigation structures. Authorization to use the easement does not abrogate the Contractor's responsibility to exercise caution in relationship to the property of other authorized users or owners. The Contractor shall be solely responsible for all damages to containers and property resulting from the Contractor's actions or omissions. . SC-17. COLLECTION VEHICLES: The Contractor shall provide and maintain during the entire period of this Contract a fleet of solid waste collection vehicles sufficient in number and capacity to perform the work and render the service required by this contract. The vehicles must contain the solid waste, yard waste, bulky waste and recyc1ables so that no material is spilled, leaked or blown from the vehicle during its transit to the appropriate disposal site as specified by the City. The fleet must be sufficient to handle the special requirements of adverse weather and holiday overloads. The Contractor's vehicles and other equipment must be clearly identified as determined by the Engineer. This identification shall be affixed to each vehicle and piece of equipment. All vehicles and equipment Used in the provision of collection and removal service shall be in good repair, clean, well-maintained and fi'ee of excessive noise, odor or emissions. The Contractor shall maintain collection equipment in good repair at all times. All parts and systems of the collection equipment shall be operated and maintained properly. Contractor shall take reasonable care to prevent damage to rollout containers during collection. sc-s I I I I I I I I I I I I I I I I I I I The Contractor shall provide an adequate nwnber of vehicles for regular collection services with sufficient backup collection vehicles in caSe of mechanical breakdown, to complete contract requirements. All vehicles and other equipment shall be kept in good repair, appearance and in a sanitary condition at all times. Each vehicle shall have clearly visible on each side, the vehicle nwnber along with the identity and telephone nwnber of the Contractor. . The Contractor shall supply the City with a list of all equipment, including equipment identification nwnbers, that shall be used in fulfilling this Contract and shall notify the City of additions or deletions as they occur. It is the City's intent to control the use of the Designated Disposal Facilities by ensuring that no materials from outside the Contract Area are delivered to those Facilities. It is expressly forbidden for the Contractor to deliver any materials, even partial loads, not collected in performance of this Contract, to Designated Disposal Facili~ies and present them as materials collected as part of this Contract. The City therefore reserves the right to require the affixation of specific identification on Contractor vehicles and other vehicles used to perform services in this Contract. In addition, the City reserves the right to monitor the performance of the Contractor's duties, including the routes and collections made, customer reports, trips to Designated Disposal Facilities and other destinations, the content of individual loads or portions ofloads disposed of at Designated Disposal Facilities and the Contractor's records at any time, in order to ensure the Contractor's compliance with this Contract. Accordingly, each vehicle used by or on behalfofthe Contractor in the Contract Area shall collect materials only from Units in the Contract Area while in the performance of its duties under this Contract. SC-18. TIME OF COLLECTION: The Contractor shall not start materials collection prior to 7:00 a.m. nor continue collections after 7:00 p.m. In an emergency, the Contractor may request authorization . from the City Engineer to work beyond 7:00 p.m. No collection may occur during the hours of darkness without written permission of the Owner/Engineer. Contractor must furnish collection service in the 500~thru 1200 block of Broad Street prior to 9 a.m. (0900 hours) each service day. SC-19. DISPOSAL: Prior to the commencement of services hereunder, the City shall provide and designate to the Contractor, a solid waste disposal facility or landfill for the disposal of the refuse collected and removed by the Contractol," during the term of this Contract. The Contractor shall be required to dispose of all such refuse collected at the designated solid waste disposal facility or landfill site. The City reserves the right to change or alter the disposal facility or landfill from time to time. Should the City change any Designated Disposal Facility to one in an area of greater distance than that previously designated and provided SC-6 I I I I I I I I I I I I I I I I I I I such new Designated Disposal Facility results in documented increased costs to the Contractor, the Contractor may request additional compensation from the City for its increased costs. Additional costs will be listed in the bid schedule. No additional cost will be considered for change of disposal location other than those listed in the bid schedule. SC-20. HAULING: All refuse hauled by the Contractor shall be so contained, tied or enclosed that leaking, spilling or blowing are prevented. The Contrac:tor shall be fully and soiely responsible for any consequential cleanup. SC-21. RESPONSIBILITY FOR MA TERlALS COLLECTED: Upon placement of materials collected in perfOlmance of this Contract into the Contractor's vehicle, transport of those materials to the Designated Disposal Facility become the sole and complete responsibility of the Contractor. The foregoing, however, shall not be construed to prejudice any rights the City may have to control the disposal of such refuse, including the designation of a disposal facility or the manner or types of refuse disposal. The foregoing, also, shall not be construed to prejudice any rights Contractor may have against any container customer who places in a container, refuse other than non-hazardous so!id waste which is permitted to be collected in Contractor's vehicles and disposed of in a non-hazardous solid waste sanitary landfill. SC-22. WORK: . It is the Contractor's responsibility to supervise the work in progress and to provide direction to employees in the field. The City does, however, intend to monitor the Contractor's performance, through data tracking and analysis and through on-site monitoring and inspection. If the monitor records deficiencies which must be corrected, the Contractor shall notify the CitY when these deficiencies have been corrected. The monitor will recheck the work to determine that it has been completed satisfactorily. .SC-23: DESIGNATED DISPOSAL FACILITIES: a. All refuse except recyclables collected as part of this Contract shall be delivered to: AugustalRichmond GountyLandfill 4330 Deans Bridge Road Blythe, GA 30805 (706) 592-9634 CONTRACTOR WILL NOT BE RESPONSIBLE FOR DISPOSAL FEES. b.' All yard waste collected as,part of this Contract shall be delivered to: SC-7 I I I I I I I I I I I I I I I I I I I Augusta/Richmond COWlty Landfill (Inert Cell) 4330 Deans Bridge Road Blythe, GA 30805 (706) 592-9634 CONTRACTOR WILL NOT BE RESPONSffiLE FOR DISPOSAL FEES. c. All bulky waste, except tires, collected as part of this Contract shall be delivered as follows: 1. Furniture and related items: Augusta/Richmond COWlty Landfill 4330 Deans Bridge Road Blythe, GA 30805 CONTRACTOR WILL NOT BE RESPONSffiLE FOR DISPOSAL FEES. CONTRACTOR WILL SEPARATE MATERIALS AT PROPER DISPOSAL AREAS. 2. Stoves, refrigerators, water tanks, washing machines and related items commonly laJ.own as white goods': CONTRACTOR WILL NOT BE RESPONSffiLE FOR DISPOSAL FEE . AND/OR SALVAGE VALUE. NO ADDITIONAL COST WILL BE CHARGED TO CITY OTHER THAN THAT LISTED IN BID SCHEDULE. CONTRACTOR WILL SEGREGATE THIS MATERIAL AT THE LANDFILL AT PROPER . SALVAGE AREAS AS DETERi\1INED BY THE ENGINEER. 3. Tires and related items: CONTRACTOR WILL BE RESPONSffiLEFOR DISPOSAL FEE AND/OR SALVAGE V ALDE. NO ADDITIONAL COST WILL BE CHARGED TO CITY OTHER THAl'\l THAT LISTED IN BID SCHEDULE. . J . I. The Contractor shall observe the hours of operation of this facility. 4. Recyclables: CONTRACTOR WILL BE RESPONSffiLE FOR SALE/SALVAGE OR DISPOSAL OF RECYCLED ITEMS TO A QUALIFIED VENDOR AS . APPROVED BY THE ENGINEER. NO ADDITONAL COST WILL BE CHARGED TO THE CITY OTHER THAN SAID PRlCE LISTED IN THE CONTRACT. SC-8 I I I I I I I I I I I I I I I I I I I SC-24. EMERGENCY PLAN: No later than ten (10) working days prior to initiation of service, the Contractor shall submit an emergency plan to the City Engineer which shall detail those actions which the Contractor will take to deal with emergency situations such as extreme cold temperatures, snow/ice, fire or natural disaster which would require a deviation from normal operating procedures. The Emergency Plan shall also inc:1ude emergency phone numbers for the key headquarters and for key contact persons such that a responsible contact person is available to the City at all times. SC-25. REPORTING REQUIREMENTS: The Contractor shall be responsible for maintaining and submitting reports on a weekly, monthly, quarterly and semi-annual basis. The Contractor shall maintain and provide to , the City throughout the entire term of the agreement a report containing a complete file of service recipients coded by category. The Contractor may also provide all reports on computer disk in a compatible database format approved by the City. Weekly reports shall be transmitted to the City no later than the Monday by 8:30 a.m. morning following the reporting period. For the purposes of the weekly report, a weekly reporting period shall be defined as Monday, Tuesday, Wednesday, Thursday, Friday and Saturday. Each week's report shall consist of the following information: - Route operational data form - Vehicle identification number/corresponding landfill permit number - Daily staffmg summary - Weekly complaintlunserviced location, complaint resolution and timing of complaint resolution - Daily landfill ticket - Daily route sheet Monthly reports shall include all of the information described in this Section and shall be submitted with a cover letter that abstracts the report and highlights major accomplishments, problems, trends and other pertinent information during the preceding month. The Contractor shall provide data on customer participation rates of refuse, yard waste, recyclables, and bulky waste services for the Contract Area. All reports shall be submitted on a semi-annual basis in accordance with the City's fiscal year (Jan. 1 to Dec. 31). For purposes of reports, the first reporting period shall be defined as January, February, March, April, May and June. The second reporting period shall be defined as July, August, September, October, November and December. The Contractor shall submit reports within thirty (30) calendar days after the end of each reporting period. No later than thirty (30) calendar days after the end of the second reporting period, the SC-9 I I I I I I I I I I I I I I I I I I I Contractor shall submit to the City an annual report covering the immediate preceding Contract year and include the following information: - A collated summary of the information contained in the weekly, monthly and quarterly reports, including reconciliation of any and/or adjustments from prior reports. - A discussion of highlights and other noteworthy experiences along with measures to resolve problems, increase efficiency and increase participation. - A description of all public information progrcuns Wldertaken with audiences reached and methods of public information programs. The obligation to submit an annual report shall survive the termination or expiration of this agreement. The Contractor shall submit an annual report for the final Contract year of this agreement no later than thirty (30) calen.dar days after the end of each year of the agreement. The City may withhold payment ofbalances due the Contractor at the end of l~e Contract until such final report is received iUld accepted by the City. All reports shall be submitted in approved forrnat to: Office of the Director of Public Works and Engineering 701 Municipal Bldg. 530 Greene Street Augusta, GA 30911 SC-26.. COLLECTION REQUIREMENTS: 1. It is the purpose of the specifications to provide a framework for accomplishing the result in maintaining a sanitary environment [or the residents of the City. This section addresses the collection of refuse from the Collection Area of the City as described in these specifications. The intent of the work is to collect all refuse placed out for collection within the Contract Area. a. Time of Collection: The Contractor shall collect all refuse placed on streets or easements in rollout containers provided by the Contractor. Contractor collection days will be determined from the bid schedule base bid or alternate bid. b. Containers: The Contractor will provide initial rollout containers, and recyclable bins, any replacement containers and bins, and additional containers and bins to customers to be served. The number of containers and bins distributed shall be solely the decision of the Contractor; however, the Contractor is required to provide a minimum of one rollout container and recycling bin per unit. Minimum rollout size will be 90 - 95 gallons. Specifications for rollout containers and recycling bins will be submitted for approval. Repairs to containers and bins shall be performed by the Contractor. This SC-IO I I I I I I I I I I I I I I I I I I I includes replacements of wheels, lids, hinges, axles and handles. c. Places of Collection: Nonnal Collections;;, Normal collection points for residential solid waste shall be curbside (adjacent to roadway) accessible to mechanized solid waste collection equipment. Customers shall be notified by the Contractor, using materials pre- approved by the City, that: (1) rollout containers should be placed within two feet of curb with handles facing away from the street. (2) The container should be at least three feet from trees, mailboxes, cars, othe:r rollout containers, yard waste, recyclables and other obstructions. (3) The collection vehicle should have clear access to the container. (4) All refuse shall be placed within the rollout container. Nonnal collection points will also include Designated Collection Areas in Multi- Family Housing Units and Designated Non-Residential Units. Rollout containers shall be carefully handled by the personnel and shall be thoroughly emptied and left at the premise where they are found, standing upright and with covers placed back on the rollout container. This work shall be done in a sanitary manner and any waste spilled by the Collector shall be immediately picked up by the Collector. 2. Yard Waste Collection: The Contractor shall provide curbside collection of yard waste which is composed of grass clippings, leaves, tree and shrubbery trimmings including branches, tree limbs, bushes, shrubbery cuttings and clippings of trees, shrubs or bushes. a. Time of Collection: The Contractor shall collect all yard waste placed on streets or easements on days as detennined from the bid schedule base bid or alternate bid. b. Place of Collection: Nonnal collection points for residential yard waste shall be at curbside (adjacent to roadway). . c. Materials to be Collected: The Contractor shall collect all Christmas. trees placed for collection. The Contractor shall collect all yard waste such as tree limbs not larger than four (4) inches in diameter nor longer than five (5) feet and stacked in piles not to exceed five (5) feet in height. Tree trunks larger than. four (4) inches in diameter will not be collected. The maximum amount of yard waste in a pile shall not exceed five (5) feet in height by five (5) feet in width by ten (10) feet in length. SC-ll I I I I I I I I I I I I I. I I I I I I The Contractor shall have the authority to decline to collect any tree or tree limbs where service has been perfonned for a fee by person(s) other than the property owner. The Contractor shall collect all yard waste placed in plastic bags. Such bags, if closed, shall be clear or transparent; customers may use opaque bags as long as they are left open. In no case may bags weight more than fifty (50) pounds. No more than thirty (30) bags will be collected each collection day at each dwelling unit. In addition, the Contractor shall collect yard waste which is placed in twenty (20) or thirty-two (32) gallon refuse containers without affixing a lid. All leaves, straw, and grass clippings; yard waste, shall be bagged at curbside. Contractor shall properly dispose of plastic bags to avoid contamination of the yard waste stream. The Contractor shall take yard waste collected to the Designated Disposal Facility as specified. In the event of yard waste set out at a unit in the Contract .<\rea that does not meet the specifications above, the Contractor shall a. clearly explanatory printed or hand written notice for the customer and notify the City within two hours. Following notification by the Contractor, the City will investigate the matter and advise the Contractor of its decision and of any action that is required by the Contractor. If the City finds that the material set out did meet the specifications, the Contractor will be notified by the City and must return and pick up the yard waste within twenty-four (24) working hours of notification. If the City finds that the material set out did not meet specifications., the Contractor will not be required to return to the unit until the next regularly scheduled pick-up. If, at the next regularly scheduled pick-up, the material set out meets specifications, the Contractor shall pick up the material. 3. Bulky Waste Collection: The Contractor shall provide curbside collection of furniture, appliances, tires, and other items as identified in Contract Documents. a. Time and Place of Collection: The Contractor shall provide collection of bulky items within one week of notification by City or resident. The City shall be given a date on which collection will occur. Collection point will be at curbside. b. Disposal: Bulky waste shall be delivered to Desi~ated Disposal Facilities as specified in this docwnent. SC-12 I I I I I I I I I I I I I I I I I I I 4. Container Collection - Dumpsters: The Contractor shall provide collection of refuse container at various locations as identified in attaclunent. . a. Containers: Any existing City owned containers will be provided by the City at no charge to the Contractor. Any replacement and/or repair of containers will be the responsibility of the Contractor. b. Time of Collection: The Contractor shall collect all refuse from containers placed at various locations two (2) times per week. The Contractor is to provide a written schedule to customer after approval by the City. c. Place of Collection: All existing placements of existing containers will be considered as points of collection or as determined by the Engineer. SC-27. COLLECTION IMPEDIMENTS: A number of collection impediments may require special efforts to accomplish this level of service. 1. On Street Parking: Certain neighborhood streets permit "on street parking" which may present impediments to curbside collection services, especially automated services. The Contractor shall perform collection services even if the curb is blocked. No additional fees shall be payable to the Contractor for services provided under these conditions. 2. Infrastructure Renovation/Streets Blocked by Construction: Periodically major renovation is necessary to maintain the infrastructure of the City. This includes such activities as replacing gas, water and sewer lines, surfacing or resurfacing streets and replacing wiring for telephone, electricity or cable television. Alternate collection service must be provided during this period of disruption. The Contractor should evaluate each circumstance individually to determine the appropriate alternative. The City shall be n.otified in writing of the nature of the disruption, its location and the alternative employed to provide service. No additional fees shall be payable to the Contractor for services provided under these conditions. SC-13 I I I I I I I I I I I I I I I I I I I SC-28. CUSTOMER CO.MPLAINTS AND NON-PERFORMANCE: 1. Complaint Receipt and Handling: All customer complaints shall be directed to the Contractor for handling. The Contractor shall notify City in writing of each complaint reported to the City in the Contract Area. It shall be the duty of the Contractor to take whatever steps may be necessary to remedy the cause of the complaint and notify the City of its disposition within one working day (eight work hours) after receipt of the complaint by the Contractor. 2. Damage Claims Resolution: The Contractor shall provide the City with a full written explanation of the disposition of any complaint involving a customer's claim of damage to private property as a result of actions of the Contractor's employees, agents or subcontractors. 3. Public Information Regarding Complaint Procedures: The Contractor shall notify all customers about complaint procedures, rules and regulations on a semi-annual basis and whenever there is a change of service, day(s) of collection, procedures, etc. Notice is to be in the form of printed matter distributed by the Contractor to all units served by the Contractor. All notices must be pre- approved by the City prior to use. 4. Failure to Remedy Complaints: Failure to remedy the cause of the complaint as provided for in the paragraphs above shall be considered a breach of contract. The City will have the right to send a monitor out to check on the resolution of any complaints. If a monitor records deficiencies, they will notify the Contractor of such deficiencies. The Contractor shall notify the City when these deficiencies have been corrected. The monitor will recheck the work to determine that it has been completed satisfactorily. If the monitor finds that the deficiencies previously noted were not corrected, a charge of current monitor time at actual cost for the monitor's time and associated other costs will be deducted from the payment to the Contractor for each inspection until all noted deficiencies have been corrected. The foregoing does not preclude any other remedies associated with failure to collect or other contractual requirement SC-14 ~ 8. Z .' '1J .., mo en~ :::0 3en Q)CD _0- (1)(") 0.0 c= ::JCD -.(') -- en -. o '::J 0))> 0.., C)CD (J)Q) ("J I I I I I ,I I ~II II II U ~I II I I 'I I II I ! I. II t, II ~I ~C~-T ,_ ~~~~4 I~:J: . '4' ,f CONTRACT DOCUMENTS AND SPECIFICATIONS FOR COLLECTION OF SOLID WASTE, YARD WASTE RECYCLING AND BULKY ~W ASTE - PHASE II AREA 11 THRU L4REA 18 - ..~-- - ~_._,.., & ENGINEERING- PUBL~~~~~~ING DIVISION :; PREPARED BY PUBLIC WORKS AND ENGINEERING DEPARTMENT BETWEEN CITY OF AUG.USTA & INLAND SERVICES CORPORATION ROOM 605, MUNICIP AlL BUILDING 530 GREENE STREET, AUGUS1[,A, GEORGIA 30911 '-.- Bid December 2001 -' Alvartied March 2002 BOND #LM0268505 ;-- SECTION Ea PERFORl'-1.A..NCE BOND (NOTE: THIS BOND IS ISSUED SllvfULTAl"TEOUSLY \VITH PAY1vfENT BOND ON PAGE PB-3, IN FAVOR OF THE O\.V1"l"ER CONDITIONED FOR THE FA YMENT OF L\BOR A..."ND MATERlAJ-.) Ki'\lO\V ALL MEN BY THESE PRESENTS: as That Inland Service Corooration Principal, hereinafter called ContrClctor. and Lumbermens Hutual Casual tv Comnilnv a corporation organized and ex.isting under the laws of the State of Illinois , with irs principal office in the City of Lyndhurst , State of New Jer<:pv , as Surety, hereinafter called Surety, are held and firmly bound unto Augusta.-Richmond County Commission-Council, Georgia., as Obligee, hereinafter called the Ov.rner, in the penal amount crOne Million, Sixty-Nine Thous.and, Eight Hundred and OO/lOO---------Dollars ($ 1,069,800.00 ) for the payment whereof Contractor and Surety bind themselves, their helrs. executors, administrators, successors, an,d aSsigns, jointly and severally, . fmnly by these presents for the faithful performance of a ce...'1ain written agreement. \\'HEREAS , Contractor has by said vmtten agreement dated entered into a contmct with Owner for the COLLECTION OF SOLID WASTE, YARD WASTE, RECYCL~G A]\JTI BULKY WASTE - PHASE 1] AT AUGUSTA, GEORGIPt, in accordance with the drawings and specifications issued by Augusta-Richmond County Department Public Works, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT, *For the' One (1) Year Term of 06/01/2002 through 05/31/2003 NOW, TREREFORE,the condition of this obligation is such that, .if Contractor shall promptly cmd faithfully perform said C01'<'TR-,\CT, then this obligation shall be null and void; otherw'ise it sha:"ll rema\n in full force and effect. The Surety hereby ..,).'aives notice of any a.1teration or ex.tension of iime made by the Ov,'ner. PE-l Whenever Contractor shall be, and declan~d by O\llI1er to be in default under the CO:NlR..A..CT, the Owner having perfonned Ov.rner's clbligations thereunder, the Surety may promptly remedy the default, or shall promptly; (1) Complete the CONTRACT in accord2IlCe with its terms and conditions, or (2) .obtain a bid or bids for compleling the Contract in accordance with its terms a.T1.d conditions, and upon determination by Surety of the lowest rcsponsibJe bidder, or, if me Owner elects, upon <ietermination by thc Owner and the Surety jOlutly of the . lowest responsible bidder, arrange for a contract benveen such bidcier and O\t..Tler, and make available as. Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged ur1der this paragraph) sufficient funds to pay the cost of completion less the balance of the . contract price~ but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragtaph. shall mean the total amount payable by O"-rner to Contractor under the Contract and any amendments thereto, less the amount propc:rly paid by O\VI1er to Contractor, A:ny suit under this' bond must be in.stii.ut(~d before the e;..:piration of tvlo (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any p.erson or corporation other than the O',VI'J.er named herein or the heirs, executors, administrators or successors of the 01J.'11er. . IN' WITNESS \\THEREOF, this instrument is executed in ..2.-- (number) of counterparts, each of which shall be deemed an original this20thday ofl'1arch ,202l.. ATTEST: -J By (s) He 30, B x 1000, Lawton, OK 73501 . .A.ddress (SEAL) (Address) Inland Service Corporation 415 S.W. 11th .lawton, OK 135()1~ PB"':2 Surety ~~~.~ 1/ (Sw.ety)~ Witness, Teresa R. Del Bonifro 518 Stuyvesant Avenue Lyndhurst. NJ 07071 Address (Seal) '--177 o~. f,;J-~ Witness as to Surety Marilyn E. Hein 320 King of PrYssia Rd., Su~te 100 Radnor. PA 19UB7 Address Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. PB- 3 BOND #LM0268505 SECTION PB LABOI~ AND MATERIAL PAY1\1ENT BOND (NOTE: THIS BOND IS ISSUED SllvfULTAi'ffiOUSLY VlITH PERFORMA.1'1CE BOND ON PAGE PB-l,. W FAVOR OF TF..E O'vVNER CONDITIONED FOR THE PERFOR.t\1Ju'\]CE OFTHE CONTR..\Cf.) KNOW ALL MEN BY THESE PRESENTS: Th:lt Inland Service Corporation ,as Principal, hereinafter called Contractor, and Lumbermens Mutual Casualty Comoanv : a corporation organized and existing under the laws of the State of Illinois J with its principal office in the City of Lyndhurst ,.State of New Jersey ,as SureC]', herein<lfter ca.lled Surety, ~e, held and fmnly bound unto Augusta-Ritlunond County Commission-Council Georgia, as Obligee, hereinafter called the Ovmer, for the use and benefit of claimants as he.reinbelow defined in the amount of One Mi !lion. Sixty-Nine Thollsand. Ei.aht Hundred and 00/100--------------------------,..------------------..-------------.:.----- Dollars (Sl,(};9~a::o.OO ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, :firmly by these presents. WHERE.~. Contractor has by written agreement dated entered f into a c.ontract with Owner for the COLLECnON OF SOLID W ASTE, YARD WASTE RECYCLING, Al'J"D BULKY . WASTE - PHASE n* in accordance with drawings and specifications issued by Augusta-Richmond Counrv Emdneerine: Department, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. *For the One (1) Year Term of 06/01/2002 through 05/31/2003 NO\V, THEREFORE, the condition of this obliga.tion is such that, if the Contractor shall promptly make payment to .all claimants as hereinafter defined, for all labor and . material used, or reasona.blyrequir~d to use in the perfoITna.."1ce of the CONTR.A..CT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the foHowing conditions: (1) A claimant is defined as one having a direct contr<:lct ..vith the Contractor or with a subcontractor of (h.e Contractor for labor, materia.l, or both, .used or reasonably required for use in the performance of rhe contract, labor and material being construed as to include that part of water, gas, power, light, hl:at, oil, gasoline, telephone service or rental of equipment directly applicable to the CONTR.A.CT. PB-4, (2) The above ~amed Contractor and Surety hereby jotntly me;] seve.rjllly agree with the Owner that every claima.'1t as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of su.ch claimant's work or labor was done or performed, or materia.ls were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the Stilt to final judgement for such swn or sums as may be justly due claimant, and have execution th(~reon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be comm~nceci hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any t'VIO of the following: The Contractor, the Owner, or the Surety above named, within ninety (90) days. after such claimant did or perfonned the last of the work or labor, or furnished the Last of the materials for which said claim is made. stating with sub~ita.I'1tial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or cel1ified mail. postage prepaid, in an en\ielope addressed to the Contractor, Owner or Surery, at any place where an office regularly maintained for the trans~ction of busiI1ess, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. . (b) After the eXFliration of one (1) ye<rr follov....ing the date on which Contractor ceased work on said. CONTRACT, it being understood. however. that if any limitation embodied in this b'ond is prohibited by any law controlling the .construction her~of, such limitation shall be deemed to be arm:nded so as to be equal to the minimum period oflimitation permined by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in whi.ch the project, or any part thereof, is situated, or in the United States District Court for the district in which tbe project, or any part thereof, is siruaied, and not elsewhere. . (4) The amount of this bond shJ.ll be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liem which may be filed of record against said improvement, whether or noe claim for the amount of such lien be presented under and against this bond. . Signed and sealed this 20th day of J1g,cch A.D.~. 2002. ~:;nk.,;.t; i"i\~V :!~1 Corporation ~h"t:.i." ... 415 S,W, 11th l~wtt)n;O~ 135Qt (Seal) ( CQn tractor) . \Vitness PE-S ~fd~wJ Ci:fV'Ce Corporation 418 S.W. 11th LElwtOfl, {iM 7350~ (Seal) (Contractor) Anest /Jjv. 4J/J1 . (Seal) (Title) WLtness W" A-A , A !~\ bVl ~ " ~r~;a R~ '6e\' Bon if ro' f v--- Lumbermens Mutual (Sca.l) (Surerv'l._: .' .J r~~l1~' tl' Comnnnv Attest ~o/y: fJ tI--.a- Marilyn E. Hein, Witness .-/ By Lynn M. lWheelock Attorney-in-Fact -' Note: Date of Bond must be prior tcidate of Contract.' If Contractor is Partnership, all partners should execute Bond. PE-6 CERTIFICATE OF Q\Th'"ER'S ATIORl"''EY I. the undersigned . the authorized and acting legal representative of Augusta-Richmond County Comrr.ission-Council do hereby certify :lS follows: . I have exaITuned the attached Conr:racr(s) a..:."1d surety bonds and the m::umer of . execution thereof, and I am of the opinion that each IJf the .aforesaid agreements has been duly eX.ecured by the proper panies thereto acting through tht~ir duly authorized representatives; that said representatives have full power and a~thority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the partic:s executing the same in accordance with the. [enns, conditions and provisions thereof. DATE: PB-7 l~empeR~ BOND #0268505 Hbme Office: Long Grove, IL 60049 POA NO: LM 24364 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, (hereinafter called the "Company") a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint John P. Follman, Jr., Nancy Nigro, Douglas S. Hansen, Lynn M. Wheelock, Teresa R. Del Bonifro & Charles R. Croyle in the City of Radnor in the State of Pennsylvania its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS PROVIDED THE AMOUNT OF NO ONE BOND OR UNDERTAKING EXCEEDS FIVE MILLION DOLLARS ($5;000,000.00)********************************* EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undgrtakings in pursuance of these presents Sh.311 be as binding upon, the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. . THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF NOVEMBER 30, 2002 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of the Company on Fet;>ruary 23, 1988 at Chicago, Illinois, a true and accurate copy of which are hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the. Company, and attach the seal of the Company thereto, bonds. and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Lumbermens Mutual Casualty Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this November 30, 1998. f4kd I!~ Lumbermens Mutual Casualty Company Attested and Certified: 9- ~~~v..m: Robert P. Hames, Secretary by J.S. Kemper, III, Exec. Vice President (BLUE SHADED AREA INDICATES AUTHENTICITY) 'I I rl '1 I I I -I I I '1 I I I I I I I I PROPOSAL FOR COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING & BULKY WASTE- PHASE II Project Reference 2000-008(B)1 Augusta-Richmond County Commission-Council Municipal Building Augusta, Georgia 30911 Gentlemen: The undersigned as bidder, herein referred to as singular and masculine, declares as follows: 1. The only parties interested in the proposal as principals are named herein; 2. He has carefully examined and fully understands the Contract Documents, including the drawings and technical specifications; 3. He has made personal examination of the site of the proposed work. He has satisfied himself as to the actual conditions and requirements of the work; and hereby proposes and agrees that, if the Proposal is accepted, he will contract with Augusta-Richmond County to furnish all machinery, tools, apparatus and other means of collection. Also, to do all work and furnish all materials called for in accordance with the requirements of the Director.ofPublic Works, and the true intent of the Contract Documents. He will take in payment for each item of work, thereof, the unit or lump sum price applicable to that item as stated .in the schedule below. (Note: Bidders must bid on each item.) 4. Augusta-Richmond County reserves the right to select item 1 on each section oX the Bio sheet, and may elect to exercise the option of selecting or rejecting item 2 and/or item 3. Augusta-Richmond County reserves the right to reject any and all bids. BB-l I I I I I I I I I I I I I I I I I I I INFORMATION FOR BIDDERS Bids will be received by Augusta-Richmond County Commission-Council, Georgia, (hereinafter called the "Owner"), at the office of the Purchasing Director until 11 a.m., ,2001 and then at said office publicly opened and read aloud. Each bid must be submitted in a sealed envelope, addressed to Mayor and Augusta Commission at Augusta Municipal Building, Augusta, Georgia 30911. Each sealed envelope containing a bid must be plainly marked on the outside as bid for COLLECTION OF SOLID WASTE. YARD WASTE RECYCLING AND BULKY WASTE and the envelope should bear on the outside the name of the bidder, his.address and his license number, if applicable. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed the Mayor and Augusta-Richmond County Commission-Council, c/o Clerk of Commission-Council, City-County Municipal Building, Augusta, Georgia 30911. All bids must be made on the required bid form. All blank spaces for bid prices must be filled in, in ink or typewritten, and the bid forrn must be fully completed and executed when submitted. Only one copy of the bid form is required. The Owner may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within sixty (60) days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the bidder. Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by examination of the site and a review of the drawings and specifications including addenda. After bids hav.e. been submitted, the bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done. The Contract Documents contain provisions required for the implementation, performance, and construction of the project. Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the Contract. Each bid must be accompanied by a bid bond payable to .the Owner for five percent of the total amount of the bid. As soon as the bid prices have been compared, the Owner will return the bonds of all except the three lowest responsible bidders. When the Agreement is executed the bonds of the remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the payment and performance bond have been executed and approved, after which it will be returned. A certified check may be used in lieu of a bid bond. . IFB-l I I I I I I I I I I I I I I I I I I I A performance bond and a payment bond, each in the amount of 100 percent of the contract price, with a corporate surety approved by the Owner, will be required for the faithful performance of the Contract. Attorneys-in-fact who sign bid bonds or payment bonds and performance bonds must file with each bond a certified and effective dated copy of their power of attorney. The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance bond and payment bond within ten calendar days from the date when notice of award is delivered to the bidder. The notice of award shall be accompanied by the necessary Agreement and bond forms. In case of failure of the bidder to execute the Agreement, the Owner may at his option; consider the bidder in default, in which case, the bid bond accompanying the proposal shall become the property of the Owner. The Owner within ten days of receipt of acceptable performance bond, payment bond and Agreement signed by the' party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate ofthe Agreement. Should the Owner not execute the Agreement within such period, the bidder may, by written notice, withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. The notice to proceed shall be issued within ten days of the execution of the . Agreement by the Owner. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement bet\veen the Owner and the Contractor. If the notice to proceed has not been issued within the ten day period or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Agreement and complete the work contemplated therein. . A conditional or qualified bid will not be accepted. Award will be made as a whole to one bidder for each section. No single bidder will be awarded combined sections that equal more than 50% of the estimated total available service units is identified contract area. All applicable laws, ordinances and rules and regulations of all authorities having jurisdiction over the construction of the project shall apply to the contract throughout. IFB-2 I I I I I I I I I I I I I I I I I I I Each bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any bidder to do any of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid. The low bidder must supply the names and addresses of major material suppliers and subcontractors when requested to do so by the Owner. Inspection trips for prospective bidders will be conducted by the Owner if requested in writing by the bidder. Such request shall be directed to the Director of Public Works by the bidder. The bidder agrees to abide by the requirements under Executive Order No. 11246, as amended, including specifically the provisions of the Equal Opportunity clause set forth in the Supplemental General Conditions. The engineer is the Director of Public Works. All bidders are encouraged to utilize, to the maximum extent possible, local labor forces and suppliers of materials which have residences, offices or places of business within Augusta- Richmond County, Georgia. While Augusta-Richmond County encourages the utilization of local laborers and supplies on a purely voluntary basis on local public works projects, nothing contained herein shall impose any legal or contractual obligation for any bidder to do so. IFB-3 I I I I I I I I I I I I I I I I .1 I I STATE OF GEORGIA COUNTY OF RlCHMOND ) ) AGREEMENT THIS AGREEMENT, made this 5th day of March, 2002, by and between the Augusta Commission, hereinafter called "Owner" and Inland Service Corporation, doing business as a corporation, hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements as hereinafter mentioned: 1. The Contractor will commence and complete the project of COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING AND BULKY WASTE - PHASE II in compliance with the Contract Documents and within Sections 16 , -1L and 18 of Augusta-Richmond County, as said Sections are more particularly described in an attachment to the "Contract Documents" as herein defined. 2. The Contractor will furnish all materials, supplies, tools, equipment, labor and other services necessary to comply with its obligations under the "Contract Documents" as herein defined. 3. The Contractor will commence the work required by the Contract Documents no' later than June 3, 2002 and will continue said work for a term of two (2) years ending on_ June 3, 2004 , unless the Contract is, at Owner's sole option, extended for additional terms as provided in the Special Conditions of the "Contract Documents" as herein defined; A-I I I I I I I I I I I I I I I I I I I I 4. The Contractor agrees to perform all the work described in the Contract Documents for the period June 3, 2002 through June 3. 2003 for the following sums: Section 16: 717.400 Section 17: 97.800 Section 18: 254.600 The Contractor agrees to perform all the work described in the Contract Documents for the period June 3, 2003 through June 3. 2004 for the following sums: Section 16: 717.400 Section 17 : 97,800 Section 18: 254,600 In the event the Contract term is extended for an additional one-year term as provided in the "Contract Documents", the Contractor agrees to perform all the work described in the Contract Documents for the period June 3, 2004 through June 3, 2005 for the following sums: Section 16 : 783.300 Section 17 : 106,900 Section 18: 280.400 In the event the Contract term is extended for an additional one-year term as provided in the "Contract Documents," the Contractor agrees to perform all the work described in the Contract Documents for the period June 3,2005 through -June 3, 2006 for the following sums: A-2 I I I I I I I I I I I I I I I I I I I Section 16: 783.300 Section 17: 106.900 Section 18: 280.400 5. The Contractor agrees to provide to the Owner, within ten (10) days of the date of notification of acceptance of his proposal, performance and payment bonds in the amount of _ $1.069,800,00, which amount is equal to 50% of Contract Price for two (2) vears base or bid sum of$2,139,600. (Addendum #1) 6. The term "Contract Documents" means and includes the following: Advertisement for Bids Information for Bidders Proposal Bid Bond Notice of Award Agreement Performance/payment Bond Certificate of Owner's Attorney Notice to Proceed Change Order General Conditions Supplemental General Conditions Special Conditions Technical Specifications Drawings Addenda: 7. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 8. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 9. The parties agree to execute any other documents or take any other actions necessary to effectuate this Agreement. A-3 I I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in five (5) days copies, each of which shall . be deemed an original on the date first above written. O\VNER: - . "r-~C; BY: '\-. (SEAL) .-- .... = o -...... ~..~-. .... .... .:.4_. _ /~ ~: ~_ r.~~~__ "r.~' NAME: ATTEST: .......'." ......:, ~ -<::: --... .. ."...... '\ ./'" 0- \ r.-::.;-... _. TITLE: ~.......-' BY: BY: orporation ::' r__ _ (SEAL) NAME: R"nfip.rt V. Alford. SecretMJ ATTEST: (Type or Print) . BY: '" v. Po' "ptl/'-~~d~~ TITLE: A-4 I I I I I I I I I I I I I I I I I I I SCHEDULE OF PRICES . SECTION 16 + 5500 UNITS BASE BID 1. Refuse and Yard 'Waste Collection at Curbside. Two (2) Days Per Week Pick-Up For Refuse and One (1) Day Per 'Week Pick-up on Yard \Vaste. Year 1 S &] <9, 7 (!) 0 , 0 0 , Year 2 J~ tJ , ') () 0 . CJ 0 I Year 3 ~ 4 2. . I e (!). 0 0 ( Year 4 ''f 2., I & a. (J 0 . 2. Bulky \Vaste Collection at Curbside One (1) Day Per \Veek Pick-Up For Bulky \Vaste: Year 1 l.t 1/ .5-0 0 . 0 0 Year 2 It ~ I S-6) 0 . 0'0 Year 3 f"' C) / l.t,gr!J . 0 c::) Year 4 S's-, 4-~(') . 0 0 . 3. Recyclables Collection at Curbside One (1) Day Per Week Pick-Up for Recyclable l\tlaterials: Year 1 7 7 , ~o O. 6> 0 . Year 2 7 ") , Z- ~O . C) 0 , Year 3 'K .c / j> 00 . 6 0 Year 4 ~ ~ ~ 00 . C) 6 Grand Total ;, O'(J I . '-t tJ(f). & 8 / / / .51- t 'l ee;,':;' / J '1", 't I ~ 00. IJ eJ I I I I I I I I I I I I I I I I I I I SCHEDULE OF PRICES SECTION 17 + 750 UNITS BASE BID 1. Refuse and Yard "Waste Collection at Curbside. Two (2) Days Per 'VVeek Pick-Up For Refuse and One (1) Day Per "Week Pick-up on Yard 'Waste. Year 1 7 7 ( ~ 00 . c:> 0 Year 2 7) 0 C?G . ~ 0 , Year 3 '3 f , "? ~ (:) . " C F . Year 4 -g ~ , j>Qc.? 0 0 2. Bulky \Vaste Collection at Curbside One (1) Day Per Week Pick-Up For Bulky Waste: Year 1 1 , DO . C) 0 Year 2 1" $C' . ~ 0 Year 3 I () I 7" 0 . 0 0 Year 4 10, 76 0 . 0 c) . 3.' Recyclables Collection at Curbside One (1) Day !)er Week Pick-Up for Recyclable .Materials: . . Year 1 ( I, 2.. 0 0 . 0 t:) Year 2 II I "J_tJCJ . 00 . Year 3 (~, 4 ()O . 0 <::> , Year 4 l 2.., 'f tJ cJ. C) 0, Grand Total '1 0 ~ 4 IJ rJ 0 0 ( /Jr 2:. '{e"'..:" > (~)( '00.00 I I I I I I I I I I I I I -I I I I I I SCHEDULE OF PRICES SECTION 18 + 1700 UNITS BASE BID 1. Refuse and Yard 'Waste Collection at Curbside. Two (2) Days Per 'Week Pick-Up For Refuse and One (1) Day Per Week Pick-up OIL Yard "Waste. Year 1 "2 ((9.. ?OCfP. 0 0 , Year 2 '2./0 20('). C) 0 , Year 3 z..~2. {t;CJ . ~ () , Year 4 z.. '> 2- /t9CJ. 00 ( 2. Bulky "Vaste Collection at Curbside One (1) Day Per Week Pick-Up For Bulky Waste: 3. Recyclables Collection at Curbside One (1) Day Per Week Pick-Up for Recyclable Materials: Year 1 z..z.,~oo. c; 0 . Year 2 2- z, ~tJO t::Jo , Year 3 2.' ~oC>.~ 0 ( Year 4 2., ( ~ elL> . ('J <::) Grand Total I, () 7 0 0 t!)o.. t!)O I I I ~ (- 2. 'L eo'1./> J D ~ l. 00.. ~ 0 I I I I I I I. I I I I I I I I I I I ! .1 I The Contract covering the construction of all work described above will be completed within_ calendar days from the date specified in the "Notice to Proceed" ofthe City Engineer for: Dollars ($ . ) subject to reductions, additions and deletions provided herein on the basis of measured quantities of completed work and the prices bid. Bidder further agrees to pay as liquidated damages the sum of' $300.00 for each consecutive calendar day (for each applicable section) thereafter as hereinafter provided in Section 15 of the General Conditions. It is understood that the Owner reserves the right to reject any or all proposals or to accept any' proposal as deemed that is to the best interest of the Owner. It is also understood that the fo llowing addenda as issued during the bid period shall be included as part of the Contract Documents: Addendum Date #1 .!c...-"\ ;'/2.00 z.. #2- "':r"", i, 2..0" ~ The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder will within ten (10) days from the date of notification of acceptance of his proposal, execute the contract and furnish the Owner satisfactory performance and payment bonds in the amount equal to fifty percent (50%) of the total yearly base bid sum. Enclosed herewith is a Bid Bond or a Certified Check in the amount of . S c:. c- C> 0 ^ ;; 0\ ~ c..l..e.. J .' Dollars ($ ) being not less than five percent (5%) percent of the total base bid sum. Should the bidder fail to execute the Contract and furnish the Perfo~ance and Payment Bonds in case this proposal is accepted, the, Owner shall have the right to receive the amount of the bid security as liquida~ed damages. If the security is a Certified Check, it may be cashed by the Owner and the amount received shall become the property of the Owner. If the security is a Bid Bond, the value thereof shall be paid to the Owner by the Surety. BB-ll I I I I I I I ; I .1 I I I I I I ; I I I I: The undersigned by submittal of this proposal, agrees that the above stated amount is proper . measure of liquidated damages which the Owner will sustain by the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bonds. The successful bidder shall have a current Business License. The Owner is an Equal Opportunity Employer. Inland Service Corporation 415 S.W. 11th lawton, OK 73501; Name OfB!t:Aiu ~ :Rooert V~ Alford; Secrelai)'j Signature & Title of Authorized Representative 4-15- 5 Cd /,+'1 5 f-- Business Addnrs . . L~t:A/ 4-d I\. / 6 Ie. City and State 7 .3 ~() \ Date: 1//;- / o-z....-. BB-12 i= . . ,- I I I I I I I I I I I I I I I I' I. JAt--l-08-2802 03: 33 ARC PURCHAS I t'IG - P.01/04 530 Greene Street Room 605 Augusta, Ga 30911 Phone: 706821 2422 Fax: 706 821 2B11 To: Teresa Smith - Public Works. From: Ged A. Sams Fax: 706 796-5045 Date: January 8, 2002 Phone: 706 821 2422 Pages: 3 Re: Bid 02-053 Collection Solid Waste SEE BELOW cc: X Urgent o For Review o Please Comment 0 Please Reply o Please Recycle -Comments: ATTACHED IS ADDENDUM 1 - FOR Bid Item #02-o45~ CDI/ection of Solid Waste & Bulky Waste - Phase II. Cc: Larry Camp - Dreamsan, Inc. - 770-909-7026 Tad Sims - Solid Waste Systems..lnc, _ 704-549-9321 Chris Mann - Mann Environmental - 706-554-5632 James Brown - Metropolitan Waste - 738-5483 Don English - EnQlish Waste - 478-237-9800 Charles WIlson - Onyx Waste - 407-464-0488 H. W. Johnson - Inland Service...,... 580-353-4557 David Vance - Inland Service - 792-1649 Steve Cobb - Waste Management _. 724~5386 Grady Cleveland - Ridgeway Sanitation - 803-685-5710 Norm Girardin - KMAG - 613-1694 Tina Smith -A-1 Sanitation -793-8623- Mon/que Woods - Augusta Disposal- 860-7356 Reese Herron - Economy Sanitation - 798-8199 I I I 1 I I .1.... .. 1 I I I 1 I I I I I I. I . .~.~-..~._-~_.-.. _---.._..~...~....-. ._~-_.- ._~- - ..--. JAN-08-2002 03:34 ARC PURCHAS I t-IG P.02/04 L L. Zepp - SFI Waste Service _ 860-2106 Melvin Coleman - Coleman Sanitation _ 793-9433 lisle Tyler - Tyler's Sanitation - 803-648-6712 David Cooper - Red River Service - 580-658-326Ei Dennis Rich - Richmond Sanitation _ 869-8608 Patricia Hester - Hester's Sanitation - 793-3782 Walter Homesby - City of Augusta - 2819 :j . . -1 I I I I I. I I I I I I I I I. I I I JAN-09-2002 03:24 ARC PURCHASING P.03/04 Purchasing Department Csrl A. Sams, DIrector Mary Bedenbaugh, Pur::haslngAgenc Room 60S. MunIcipal Bu\[dlng 530 Greene Streec . Augusca, Ga. 30911 (706) 821-2422 - Fax (706) 821.2811 MEMORAND UlY.[ TO: All Bidders (Jt(~/ FROM: Geri A. Sams DATE: January 8,2002 SUBJ: ADDENDUM #1 Item Bid #02-053 ,Collection of Solid Waste & Bulky Waste - Phase II for City of Augusta Public Works Department Please Dote the following changes: BB1 . Must bid on each item in the section you are biddIng on 11=61 - Paragraph 2 - Correct mailing address: Gerl Sams, Purchasing, 530 Greene St. Rm'SOs. Augusta, Georgia 30911 Paragraph 7.. bid bond is 5% of.2 ys.ars. Can be a cerllfiad check in lieu of bid bond IFB2 - Paragraph 1 - 50% of contract price for 2 years Paragraph 9 . no single bidder will be awarded combined sections that equal more than 50% of the estimated total available service units In the .identlfied contract area. Should a single bidder be the low bidd9r on a combined section the.low bidder shall be given first right of refusal on those areas as required to conform with the aforementioned statement in the contract. Schedule of PrIces. Sesfion.14 & 14A. Sase bids should 'be numbered 1 :2,3. GC.01 Oeflnitions #2. '35 Ibs should be changed to 50 Ibs. ;.is. Sulky waste. delete "off the rim" #23. Handicap/Special Needs. add ,:'Ensineer and ~o'de Enforcement will determine. specIal needs. Thls wiU b.e delermineq by t~e next business day." . . I I I I I I I I I I I I I I I I I I I ."- .-.-----.---- ~--.~ ._~ - . - . " ~ ... .._-.- -~~._-_.__.- J8N-08-2002 03:24 ARC PURCHASrNG 1:29. Recycle material. add "cardboard." #30, 81/2 x 5" #42. Unit. add "residential units will be serviced whether they 3re single or multifamily units, There will be no dumpster service with this contracl" SC.23 #3. ADD "tires will be removed from the rims if they are disposed of at the Augusta-Richmond County Landfill," SC.2S Paragraph #1 - The contractor shall be responsible for maintaIning and sub~itting reports on a weekly, monthly, quarterly, semi-annual and annual basis, F'ag~ SC-11 ADD TO MONTHLY REPORTS "the monthly report shall be submitted by the 5th working day of the followIng month and shall include.......... . ADD "Quarterlv Reports" Quarterly Reports are to be submitted by the 5th business d.lY of the first reporllng period which shall be defined as January, February, March, The second reporting period shall be defined as April, May, June. The third reportIng period shall be July, August, September. The fourth reporting perIod will be October, November, and December. Each qua~9rJy Report shall consis~ of the following: .1.) Cover Sheet 2,} Phone Call Summary 3.) Calls and Complaints 4.) Tonnage Reports 5.) Recycling Report 6.) Non-compliance Was~e Report Please acknowledge receipt of addendum in your bid package. If you have any questions regarding this correspondence, please COntact me at (706) 821:2422. . . Cc: Walter Hornsby, Equal Opportunity Officer Teresa Smith, Public Works File P,04/04 -~ - ... ~ - ..~-._--.. 1 Purchasing Department I I Geri A. Sams, Director Mary Bedenb;illgh, Purchasing Agent Room 605 - Municipal lluildincr 530 Greene Street. Augusta, Ga. 30911 (706) 821-2422 - Fax (706) 821-2811 I . A1El'dORA1\TJ) U1I,1 I 1 TO: All Bidders I FROM: 'Geri A. Sams DATE: January 9,2002 I I SUBJ: ADDENDUM #2 Item Bid #02-053 Collection of Solid \Vaste & Bull)' Waste - Phase II for City of Augusta Public iNorks Department I Please note the following changes: BB1 - You must bid on each item in the section you are bidding on 1 I I IFB1 - Paragraph 2 - Correct mailing address: Geri Sams, Purchasing, 530 Greene St. Rm 605, Augusta, Georgia 30911 Paragraph 7 - The bid bond is 5% of 2 years and can. be a certified check in lieu of bid bond. IFB2 - Paragraph 1 - A performance bond and a payment bond, each in the amount of 50% of contract price for 2 years, with a corporate surety approved by the Owner, will be required for the faithful performance of the Contract. I Paragraph 9 - No single bidder will be awarded combined sections that equal more than 50% of the estimated total available service units in the identified contractarea. Should a single bidder be the low bidder on a combined section that equal more than 50% of the estimated total available service units inthe contract, the low bidder shall be given first right of refusal on those areas as required to conform with the aforementioned statement in the tontract. . 1 Schedule of Prices - Section 14 & 14A I Base bids should be numbered 1,2,3. (new pages to be used enclosed) I GC-01 Definitions .#2. 35 Ibs should be changed to 50 Ibs. I '1 ._.~.- -. '-'- .-. -.....-. -~-- --. ----....---:-----... '---. .. .......:.. --.-------. .-- -..._..- -...- ...._~:_- I I I I I I #6. Bulky waste - Furniture, mattresses, stoves, refrigerators, "vater tanks, washing machines, and non-hazardous waste materials including 200 Ibs. Or less on construction debris and tires. #23. Handicap/Spe:::ial Needs - add "Engineer will determine special needs." Any clarification required on handicap/special needs shall be provided by the Engineer upon request." #29. Recycle material- add "cardboard." #30. B 1/2 x 5" #42. Unit - add "residential units will be serviced whether they are single or multifamily units. There will be no dumpster service with this contract." SC-23 1 #3 - ADD "tires will be removed from the rims if they are disposed of at the Augusta-Richmond County Landfill." . SC-25 I I 1 I I I Paragraph #1 - Tt)e contractor shall be responsible for maintaining and submitting reports on a weekly, monthly, quarterly, semi-annual and annual basis. Page SC-11 ADD TO MONTHLY REPORTS "the monthly report shall be submitted by the 5th business day of the following month and shall include.......... ADD "Quarterlv Reports" Quarterly Reports are to be submitted by the 5th busin'~ss day of the first reporting period which shall be defined as January, February, March. The second reporting period shall be defined as April, May, June. The third reporting period shall be July, August,'and September. The fourth reporting period will be October, November, and December. Each quarterly Report shall consist of the following: I I I I I I 1.) Cover Sheet 2.) Phone Call Summary 3.) Calls and Complaints 4.) Tonnage Reports 5.) Recycling Report 6.) Non-compliance Waste Report Please acknowledge receipt o~'addendum in your bid package. If you have any questions regarding this correspondence, please contact me at (706) 821-2422. Cc: Walter Hornsby, Equal Opportunity Officer Teresa Smith, Public Works File I I I I I I I I I I I I I I I I I I I Tr":,,,\ t:' " 1. 10 ~~. -. Pai!::',1 nf]! TITLE 4 PUBLIC HEALTH CHAPTER 1 A.1'l'HvlALS .<\ND FO'NL ARTICLE 1 IN GENERA.L S 4-1-1. SHORT TITLE.. This ch~l'ler may be cil~d ~s the .~l/il/lIIl CUII/wl Orclil/(J//C(' <<(:JIIgIIslIi-Ric:hIllUIIII CC'"I/(/'. S 4-1-~. CREATION OF AN Iil-l.\.L CONTROL DEI'ARn'fEi'i'T; DUTIES OF ..\..."iDl~L CO~TROl OFFICERS-GENERALLY. The: Au:;usIJ-Richmund CounlY !\nim:JI Conlrol DcpJrum;ol is her~by e:slJblish~d. ned lh~ Cornmissioe sh~lI e:n;:loy lhc necess:Jr)" nr-im:JI eonlrol onieers to :Jdlllimsler and enforce lhc provisions (,I' this Ch:Jptcr. The animal control "i'fieers shall have the authority to issue citations f:lr vi,'I:J/ions of this (h:Jpter :Jno perform such nlher dutie$ ~s ~re prescrihed herein. An animal control _,nicer shall wear :J numhered had:;e idemifyin:; him a$ an allimal control otiicer. S 4-1-3. ORGA.'\lZATJOi\. The pe:'Sl)11 in .:hnrge of the Auglls:~-Riclunond Counl)' ,A,.ni!n~1 Centrol Deparlmenl sh~lI be kllowo ~s the director. TIle director shull cnrl)rCC the provisions or this Ch:Jpler, and hc or his July ac:thori<<ed r,:presentative shall per["ml any duty imposed upon him by this Chapter. (~) Dil'<','/or. Th~ dircclur may Jppl'int sucb numbers of offiecr.s and othcr employ~cs JS shall be aulhumcd 10 carry oullhe ~ulies o[ Ih" dcpanmcel. (b", ..Issimllll diri'cror. The dircclor illay dcsif,'!latc an assistant dircelur in <lhc Jeparlmcnl. who shall, during the absceec or disabiEl)' of lh~ director, c,~ereisc all [he lXlwers of the director. leI Recm'ds. 11,e director shall "e"p, ,)1' cause w be "eiH. :J recnrd of Ihe husiness of the oepar.ment. (d) l/cflorrs. 111e director :;hall :Jnnually suhmir a reflun to the August:J-Richinond County administrator covering the \V,)rk af the dcpJrnnent during th= precedil1~ year. ~ 4.J-4. L\lPLE~'lENTAT10N Of STATE [)A,'1CEROCS DOG CO:\"TROL LAW. (a I D<:s;:;III1/;oll ui dug cOlllrol o.fliccr. Ptlrsu~ol [l' Ihe pro\'isioos or [h~ Doogerous Dog C ootrol Law of tbe Slate of G~orgia IGo. L 19S5. p. S24), rhe di,,:clor l'[ animal el'ntrul of .'\ugusla-Riehmond Counl) is hereby desil,'llaICd do:; COIlo'ol officer Jnd shull :Jdminisler' aed coIoree the provisions of the: D:.mgt:rt'us Dog Control L,aw. http://augustallegal/codes/title%204/title _ 4.htm 1/9/02 I I I I I I I I I I 1 I I I I I I I I T.:T:':'.I!:.4 :r'a~t' ;. (If \ 7 (I ~ I" 1\ '..I~'.','. :111]; 111;11;'" l~:~'lll\::I:':lld~II;(III' I.. l".ilil;\d tii~' :II!1!1t.i! r".'plli:l!illr.. Jilt! (_~.I ,.. IjI'lil~\' Ih~ :Jpph1pl t~!... :1U1:hlj iIIC:. ....1":'1 V~I:.::.IlI:::, lit, till; :\tllll1.t! ;: ,'"11\': [iu:'J1'd ~;ll 111:.11 ;1 p~r:,(ll: m.,:," 1'1, apP\llIlh.:d II' l..'l}mpkt:. 1I111,,::..piri..'i..1 \1:' illii \\:l'In.... (I:'rd. -:; ",~:;,l. .'\pril.:. ::(1\111/ \~ .\.]-1.-\.: -l-I.l~. I:CSEI:n:lI. ART1CLE :2 A...NIMALS S 4-1-1(;. m:FI~l,(,IOf'!S. (a) [)olllesl;c Iwill/n/.t. Dog; :n.1 c:ts and others that live and hreed in a lame condition. (h) I.iI.eSlnd. All animals of:he equine, hlwine, or swine class.. including goalS. sheep, mules. horses, hngs. cattle, and mher ~.,.:v.ing animals. (c) 011'11. To have legal ownership of. or to possess, keep. 11:1\'e custody or comrol over, or harhni'. (d) ()I\'m?r. Any p:rsnn, aS$.ici!:.:ion, tinn i'lr COl'pOl'iltion~ n:lrunl or JI1iticial, ownill!;. posses$il1g, l.:~epil\~. ha\'ing: custody of or :cmtrol or authority over, or harboring any domestic aniL:!al 0; jivcsll'C\.:. (e) Puolic rIJuds. :~.ny Slr""\. ;oad, hi!!hway, or w"y, including Ihe full widlh of Ihc right-of-way, which is opcnt(, the use "r the public ror vehicular travel. In RUllllil/g iII/ar!;,' or s/l'lIyil/i;. An)' aaimal which is nl'l under mauual eOlllrl'\ of a person and which is on any public road or Sll"Cct of Auglls:a-Ridul":md C ounl)', or on any property 01'1 bc:un~in> 10 Ihe l'wncr uf Ih" animal, unlcss by pcrmission of Ih.;; (\wncr uf such prop..:ny. l.~) Urbul/ S,,"'iccs DiHricl. Th:l\ arca cotcrminous with Ihc bC1undaries of [llnn..:r Cily ur !\u;,:usla, G,,:''';,:ia as said boumluri..:s :::.':isld as of Dccember 31, 1995. S-l-J-li. V:\CCII\.-\TIO,\: WIIE'\ Itl':QUIIU':D. (ll) Nnowner shall own any dog or cnt o\'er four (4) moi1ths Ora!;e within Augusta-Richmond C:"UI\~' unless such dog or cat is vaccinatcd. 11,e 1,,'o\'isions l,f this: s~::tion dl.) nol apply k'l ::mi!':JJls owned. by 3 licea.sed rese::ucb fucility or held iu 3 vc::rerinary medical fo.ciliry L'lr govc:rmo::.ut-opc:r3ted or liCl::1scd 3uimJI sheller. All uog,s and ems shall ';:It:: .::.J.cein;lll,;dngi.linst fJbii,;s by a lit.:(;nst:d vctcrinnri3n. in aC,;l;oruaacc with {he latest. COlllp~"llclillm ~(..!lIima! Rabies Vaccil1i:s alld ReCr)11/1"elldo{iml.'i}ru'/ml1umi=afioll puhlishc:d by th~. Nath,nal Association (lfSn.lle Public Health Vctcrin:.1nuns. (h) No 1'erson shall.vacdna'c do!;s or calS against rabies \.vho is nOllicensed to practice veterinOlY medidne. ~ 4.1-1S. EVIDENCE OF V:\CCI!\:\TION. iJ) Cerr{/icalc <!t"I'OCCi/lI1/inl/. Eddence of vaccinal inn shaH c"nsis:.(it'a cenitieate 01" vaccination. -Il,e ce'1ificate ",ith ench ilel11 al1$\vcred shall he prepared 10 IripliCale :lOd si~ned by lJe vele"inJriau administering Ihe v&:1oe. One (1) copy llf Ihe cenilicOlc shall he given tl' tbe c'wncr, one (1) e,'py li1cd with the Richmond Counly he;\llh dcpartmcnl. and one ll) copy rcmind by Ihc \.'cle:rinarian. Any vClcrinarian is aUlhoracu and rcquired in cc\oncclion wilh his pracliee: III issuc certificates llt' vacc;n::tinn and vacc:illation tags. The certificales of vac:cin:lti,m furnished 10 the Richn1(1nd (oumy health depamnent shall he maintained ill an orderly indexed tile thr a perind of no I less thanlhree (3) years. (hi "'o"C;",U;IIII lags. C"',incide/1l11'ith the issuance (if the certificale of \'accination, the person nUlhori7.ed to furnish the ceniticale shall also furnish to the owner of'lhe vaceinmed do!.: or Cal a seriallv ll\lmbered laC: hearin~ the same number as lhe cenilicale and the vear thereon 10 be attacbed Il' Ibe colI"!' or harness wurn by the dll~ or ;al fc'r whi..:h lh~ ~crliCicalC has heeo issl;;;ll. . Ie) Tn/at! ,11I"(,!,-I'('Ul" ruedl/" lIsed. Whcn Ihc animals llav~ becn vaccinalcd wilh a thrcc-:--car rallies vaccine:, Ihl' dircclor may issuu lIr ..:ausc III be: issue:d an annual ce'lilicatc of vaccinati(\n allu a mhies vaccination tal; each yeur for the twC, (2) additional years (,I' thc three-year vaccination period pnwic..lec..lthe ItichmC'lId Cnun~' heatth del'arnllenl's tile cnpy of the certiiicate of l'accination shows thaI the animals have heen given a three-year rahies vaccine: in the evenl lhc Richmond c.'t'un~' health department's tile Cl'PY or the ceniJicOle or \'JcciUalioo is 'Jnavailahle. the I"vner's copy llr the: veterinarian's copy or same may he subslilUlcd Ihcr~r,lt'" http://augusta/1egal/codes/title%204/titl e _ 4.htm 1/9/02 I I I I I I I 1 I I I I I I I I I I I .- --,-;"~- :!r__~' hts~~' -. of 17 :.:lill:.l: tilll:I1'i1, II: "III,". 1:1.';lll. \It",ll'lnl: i".' 1;..,~'I':I1I.: ::11:1. :1111: 11:1. 11:,:~'1 .;.1....;I~Il;It'... II. Ill> :',1I.~11';1;'-1:1':11I)1"11:: I .'Wil., :: 1:lflnll:.~.i:".:J :i pllI.il. i:~:'illl. II': 1\:';';;'1", It:: Ir,\ 'I. ..;' I.'al__..' ;: .;.:.~;. C1:IIU.T\'. 1:11 .'n'/n',il,'d. Ull pl:rSt.11: ~h:JJI. i~,' ili.. :IU. IIllli.';\;(111 l~r Jlq:!l..:l.:l: \':;IU~~: ulIiu'::lifl:ll,ih: plt~.'.':il:aJ p:lilt. :.un::rill'; (1/' iil.::1til h :lll.\ hvill:; ':lIlimat. 1hi.- ~(::.'\1l.1I1 \hll:::: 11"1 :q,\,I: ll. I.illil'r llr:lllil\l:tl:.I':li~.:.:d to_ till" pllrpIIS'" \.fpfll,,'idlll~' rlll.U. 1l!11 d\ll..:~. il appl:. I'. tin:. rh':l'~;,.lrl \.:i1., hUIII:. \~ ild :lIIil1l:d:: ill ~lImplj~HJt..:\." \...ill. III..' gi.llm: :lIul 1"1:-,1, 1:1\\':; \ If llli ; :'ilal':. I: illill:; 1'1 il~i\.lrill~ illl i,1l\in1;J1 l~lr hlllll~lIH' pUrJ" ,\t.::. I't' il'l till' I urlh;:rJll\;~' 11f" l1h.:~i;'.iJ I {!l' s'.:h:1lI i fi:' f:;~L':.ln.:11 i~. jusliJ"i:Ihlt:. (Ill /\''j"flIIUl:cl II:..'.... :-..;,., rll':!S~'11 sla:J.1I p~'rl~11'Il1 ;J crud ;,J\.:tnll :\11:,' i,mimal. unl sl.;,1I1 :JIl.'. pL:r~ull h:J.l1ll. IlliJill1 01' l:ifJ :..11I:.' :JIlim:J1 lit' :Hu:.'mpl III d,. Soil: C":t.."c.:pl 111:.11 a pns,-,,, In;.y: ( II 1J<:::ft."nd his p~rsnlll'" prllpt:ny nl the pt:I':'1111111' pn'pcrry {'II" ;J11(llllCI. .rl'"m iJ1.ill"~ ,11" cl:II\1~I~~C:- hcill~ C:J\!S:c1 h:-, ;111 Jlli1ll31: I'll' (~J [ill o.l1~! ::milll:ll causin;; injury fit' t1al\\a~e III livt~tock nr pnulfry_ Ie) "hysical (/hlls,~. II i~ unlJ\\'l'ul Ii)!" any per.,.'n tr.. willfully or maliciou~ly kill; maim; ciisti,ure; lorrure; beal wilh a s:icl:. chain, cluh or olher ohject; mutilate. burn or seJlci wilh any substance; drive ov~r or olher\\'is~ cruelly set upon ~/l)" animal; exeepl thai re~se'nable fiJrce lIlay be employcd Ie. drive orr vil.:illuS ur trespassing anim~ls. (eI) Failw(' /() CC/rc.!or (/1Ir1l1lUiIllUill. II is unl~wful 1'01' any p~rson to fail, rcflls~ llr nc:::l~el te. provid" any ~nim~1 in his chJr:,:c: llr ~uslcldy, as llwn~r or olherwise. with proper IilOd. drink. shadc. care or sheller, or 1C> ealO)' uny unimal in or upoo any vehiclc io a cruel or inhumane manner. Any animal hahilUlllly kepi outside sholl be prnvided with <1 struerurully soulld. weothc:'pr(lof enclosure, lur!;c enou!;h to Je:omlllodute lhe anilllul olld which Illeets all requirements e~IJblishcd by lhe Heallh DcpJrt:nenl regarding same. Ie) Ke,'pil/f; disnm,cI or crippled ",,;1111I1. Ii isunlawtiJllor an)' person 10 have, keep or hJrb'Jr uny Joime! which is infected wilh any dangerous disease or un)' incurable. painfully crippling ~omJilion. Th~ Anima! Cllnlrol Dcparlmcnl may impllund such diseJSd or painfully erijlpktJ ar.imal. and all su~h animals imp(tllncJ~d 'mu}'" b: u::suc'y:u J.."i humanely '-IS possiblt: as soon thc:r:ufler u!-' clllln::nienlly possihle. In:hc t:us:: or d::srru::tion of such anilllul. lhe animulconrrnl depan:menl shaJlnol he required 10 give any notice. This ~eeti(ln ~hall nm be conmueci 10 include ,'eteril/ary hl1spi:Jis or anin~als under aelive velerinary care. (fJ AlIll1nril)' 0(011;11I01 cmural dcpol"/lI/t!lI/ ill CUS,' o(oll;lIIalll<?glecl. Whenever the al/imo! eomral ciepOl1melll tinds thel ,lilY animol i~ or will be withOUT propel' care be"JlIs~ of injury. illness, incoree~al illn or e)lher \';)llIlllar,' obsenee of the ow:!er or p:rsl'll respollsible ("or lhe care e'f such onimJl. tlle allimnl ~untrL'1 uc?anm~nt mny pi"k up sueh anim~i fl'r prlllccli\'c ~ar~; and in Ihc evcnl UI si~knc:ss nr injury, lhl' ~nimal ~e'nlwl dcpJr~1l1"l1t ma,. lake sllch actil'n as called for to pr~vcn: undue pain and surfe:ring, iocluding imme:c1iJle de:smlction of the animal. In the: e:ven! su~h animal i~ laI~~ rde~sd. in Ille discretion of the Jl1imal COlltrol d~i':lftmenl. [1'''1 its owner, 5:lici owne:' 5ho11 be r~quir~d to reimburse the animal comrol ci~p~I1'mel1t for any expense:; incurred in tnking JIlY action 10 care I..,r said animal. S 4.1-:8. rERMITI[NG FDL...LE DOG I;\ HEAT TO ROAM FREE. 1\11 r~:n~I(; dll,S in heal shall be resLrain"d sueh lhallhey ~anr.ol ro~m or run free beYl'nd the liruils Cflhc propcrty of their owners. It snJII bc tm!JwfuJ fer tbe I.1WI1t:ror person resjillr.sibl~ for ~ht: can: of such :J.nimalll(}t to so n:srrict or c()nfint> s:lid femill::=: dog. ~ 4-1-:9. DISPOSAL OF DEAD A\T\IALS AI\1J FOWL. la.llt shall he unliJwful to throw or }lla~~ any,dead fo\\'1 or anim:.d on the: stre~ts or all~ys of AlJgusta;.Richmond County. Such fowl or animul, \....ht:n: size will pel:mir, ~hnlll~ plnecd in a covered receplocle and the sanitury dcpal"T/llcnt Ilolitied immediotcly. (h) It ~hal1 be unlulI'tiJl tor lhe owner ofon)' dead animal carc~ss Ir.. allow the same 10 remain in Augu~ta-Riehll\t1nd Ct1Ulliy without disp'1~ing of ~ame as provid.:d for her::in. Such o\\"r.~r snJII imm~dint~Jy di$pos::: of" (he s::m~. If :In:; such owner "io!:lIC:~ [his s~:::!i(\n, (be: Ct.,)G1Jnissiotl. through irs ::lgc:l1tS and ~rr.pil\\'ccs, shall procced to :elUeWC and dispose llf such dead anilU~1 ~arcass, and the owner shall be liable Ie Ihc Cummission Jnl! shall pay 10 AtI~usIJ- Ridnl1llnd Cllunt\" the sum nf :\\'enly dnllars for suc.h remll\'~! and tlistlDsal. ~ 4.I-JlJ. UIW,\;'\ SIWVIO:'~ /lISTHICT /l1':O.'\IUm IlIR/l SAi\CTL.'ARY Th: lelTitnry within the l1rnan Sen,jeC' IJislriel is hcreby cieebj'ed to he a bird saneruary. ~ 4-1-31. KtLLl1\G. ETC.. WILD OR MICRA TORY llLRDS. 11 shall be l/nIJ\\'I"l/llor an)' person 10 maim. kill (lr in any manner injure allY ;"i1o or migratory c.ird "';lhiD Ihe 'Urban S~rviees District. ~ ,).1.31. TRAPPING WILD UIRDS; ROnIJL\'G NESTS. II shall be unlall'lill for any p~r;eln 10 lrap any moekin:;: bird or an)' e'ther wild bird, or rob Ihe nests lhere(,f of e;;J;s or ye\ll\:;:. in ao)' (If Auguslo-Rielllnolld ('Ullnly ccmc..:tcril.:s or upun or around the basin. reservoir lIr pumping statiun orlhc w::tll.;rworks. ur c.:lsC'wbc.:rc within \bc Urban S~r\"k:c.:s Dislricl. http://augustallegal/codes/title%:?.04/title_4.htm 1/9/02 I I I I I I '1 I I I I 1 I I I I I I I . _..__._.~...._~ ___.._.._______._.__~__.... M, _....._.___ .. __'_"'_' T!,Tl-E .1 r~~~~:" 7. ()1" J / ~. ...; - ; -,::. ..~: .; . i . 711, (: ~_:-. ~ : r : '. . : : ! I . .'\.RTlCLE. :; STERILIZATION OF D()CS AND CATS ~ J-I-71. lJ Crt1\'ITlOI\'S. ,\::. lI>eLl ill lhi~. urli~k. Ihe 1~11\l: 1".1 :JI!;IIICII sl/d/~r. Any f"dlilY UperJleU by or unuer eunlru~llur lhe SI"IC ()f "ny cUlInly, Illllnicipal cOf]),lruli"n, ur ll(her Plllilical slIbuivisiun uf (he Slale fur lht: pUt11\1St:.."i of impoulll.ling. or harhuring s~izc:tJ, stray, homeless. ahullu('ned_. or unwanted du~s. eiJls. anu llther unillluls; uny vClc:rin:.H)' hospitul or dil1ic ol'eratcd hy a velerinarian 11r \'eterillaria/\~ which (Iperales fur such' purpose i/\ adclilinll t(l it~ custOl1lal)' purpn~es; ancl any facility operat"c1. owned. or lllainlaineJ vy n duly illcorporaled hUlllane sl'cieIY, animal welrare society, or other no/\prolil organizali"I/ fur Ihe purpose or providing !'(Ir ancl proml'lin~ Ihe weliure, pruleeliun, unJ hI/inane IrCUllllenl or aoimals. (b) HilmI/II" "ucii'f)'. An." uninw'1'uralcd nuoprofil ur:;uniz~lion cxisling for thc purpuse ofpre\'enliun ufcrudt)' ILl animals. I c) P"blic ur prim,,' al/ill/al rC/l/xc. :brburers of I/nwanlcu uoimuls of any brceu. including crl.ssbreds, whu pruvide fuud. shd!er, 111ll! eonfin.::ncnl for a c."n.\UP or dogs. a b'iOUP of l:iJlS. (:If U l..:omhinatiol1 or dogs and cats. t d) St'.nlOl!l'II/IHl/rC <II/iII/a!. Any dllg (Ir "ullhal has r"ached thc uge of llnc hunurcu eighlY (180) duys or six (6) months or more. (<I Srcrili::uinl/. Th~ surgic~1 rem<wal oflhe rCl'r("uuclive nrgans "fa dog or cat inlHder to rencler the animul unable to reJlrnduce. ~ .I-I-n: STEI:ILlZA TION ItEQl'TItED: EXCEPTlO>\S. (a l .J..ny puhlic or pri\':lt~ animal shdl~r, animal conrrol iJgc:ncy op~r:ltc:t! by a political suhdi\'ision of this stat:::. hl.Im:.LOc society, or public or priv:Jl: i.min~:11 refuse shJl1l1lake prn\'isinl15 i~'r the sterili7.uti('lll of:111 clOg5 or c:!.ts a:quirect from such shdter. ogency. $11ciery. l11' r~fu~e by: (I, Prnviding ;;rerili;:atinn by :!Iicensed veterinarian beillre relinquishing custody nfthe allimal; or (::!) clltering in!(1 II wrin:n agre:mellt with lhe per$,,'1l acquirill~ such ul1il11:l1 kruo:;:ln~e~il1g thnt ~1:rili7.ntit)11 wil1 b~ pc:rt~lrm:=d by a li:ens~d velerinarian within thirry (3UI days al"t:r acquisilil'n oi'sueh animal iu Ihe case oran adult anilIlall" within thiny (3(11 days orlh: sexual marurity of , he animal inllle case of an immaturc anill131; provided. howcver, lhalthe requircmenlS or Ihis Code scction shall nol apply tu ao)' privately oll'oed animul which any SIICO shclter. u~ent'y. snd~[y, Of refug~ may. ho....e: in its P~)sst:ssi('n for any feason if lilt: o\vner of such animal cbims ('Ir presc:nts evic.Je::nce that such animal is th~ i1roperry of $uch person. (b,l All c.nS1S of sterilization pursuant 10 this Chapter shall be (he responsihility of the person acquiring such anilnal and, if pertl111ned prior tn acqui~iti(lll. lnay be included in an)"fees charged by Ihe sheller, agency. soeiet)'. or refu~e for sucb aaimal. rc) :\ny person acquirin~ an animal n't'm a public or pri\'ale animal shcher. animal conn'ol agenc)' operated by a political subdivision of Ihis Slare. humane 'sucicly, ur public or privale unimal refuse, which animal is nOI sterile at Ihe lime of aequisiliun, shall submil lu Ibc aninpl shdkr, :!/limal "~lnlrol agene)', humant: :iocit:ty, or public or pn\'Ul::: anim~1 n:fuge a sib",t:c.J st:.ltt:tnt:llt from the Iic;::nst:d V~{::rinarijJn perti.mlling [he slt:rilizi.1[ion r~quin:d by P:.H~k,.:!ph (2) of subsection ial Oflhis ('<xle s~ctilln within ~~"en (7) days at"tersuch sterili~a[ion anestin\: thai such sterilization has been perf(ll1n~d. (d\ Every public or private Jnil1lal shel[~r,'animal control Jgency operalecl hy a prolitical suhdivision ol'this ~tale, humane .sociery. 11r public or privare J/limal relilse sellin!: or onerin;; for sale or ~xchange any c1ng or car shall maintain Jnd ti.lrnish 10 auy person acquiring ao animal rrom such she/ler. age::c)'. sociery. or rdi.lg~ iJ l;un":"l:nllisl ur \;l;H.;rina;i~n~ lic~~::i~d ir. this ::il:llC who h;J\-": nolificu the shelter. nb;cncy, sOl:icty. or r(;fugc th~llbcy arc willing It' p..::funn stc.:rili~atioos and the eOSI I'm sueh procedures. ~ .1-1-73. FArLL'RE TO CO:VIl'LY. 11 shall he a misdem"unllr to fail or rcJ'IL~e to ctllnply with lhe requirements of ~ 4-1- 71 und an)' person conViCted or said misdemeanor shall be subjec( tu u fine nl11tn exceed tWI' hundred doliars iS20lJ.lJO). CHAPTER 2 http://augusta/legallcodes/title%204/title_4.htm 1/9/02 .1 I 1 I I I 1 I I I 1 I I 1 I I I I 1 TiTL= .:i Pag:: l) of 17 1.1"111". .1\,' . . .,:1 II' ',I,':" :-'1:. ,"i,:'" :.11 i:; :"':11'11;,;:. r:llh', ,', :", j,..i l:..II. ::l,,:~' IL l.i~'lln I. '11l' " . ':IIil ',I. I II ~',L '.~ '':h p\.:r:;\I::\I~ l~' ",TIII''':I, ~> -11\ Li:'i 1\1' I'ri..: :1I"'!11; ", :.! 11: Ill', . ,ur:II'a..' I' I: 1111,'"11,1 ; : 'Hili:. ~,;11I11I1I':1I:11:':. IIoi ",'/11111: I,';' ,',,,i.,:,,,,; ", .'01':',1;",;. '\11:: p:;"J;~,tn \'.'11,. .':Il:di u..I:I\l" llll;~ 't::IIO'I. .;"11:111 h.- ;:h:Jr;.:~.\1 ~':iilt :~II,.:i; ;llIti ("'.':'1":' \'i..,I:ui"1I all.! llJiC,f; [rial :1I1\i ,,;,'In':iClll''," :.11;"1 ,,~. :-'\lIl.i~:'1 l"III~'lll,:H:tlliL'''' PI\I\'id::.ti III ( I-I.-I. ;: ...;-1. Tla:.-;!'..\SSI'\C. SC..., n:/\/(;I\(; Of\, L,\!'o:I>FILL I'IWIIIIHTEI:. (;'1" f-.l.. pcr.sulI :;11:111 1:II(lH'ill~I~: ;md willll.lUI Ilutlu',rily \:1\1\;1' up,)1l Ill'" 1~lld tl!' pn.:llIi:I::':', 111.1.... (II' ill lit;". 1i.lIl1!'(', (k;:;Ib!m:d ~l~. ::J.II :\u~ll~~I:I.I~idtll,,)n(l ('(\lllll" I.lful/ill ~il1.' \\'tIlH.11I lilt' e:ph.:s,...; pL:l'lni~~i\'n fir Ihl.' dirl.:clOl' \I(th.... 1i..lIldJill or hi:. t1dt.:;;:w..:: Ilor sh,!!1 ~11l~" PI..'J'."df1 1:111 1\\'in~ly :Jfld willh '1I1 :Il~lh{)ril.\' I\.:nu.lill Upllll th..... bml 'II 1'''t.'IIII~!..'~.. Iltll', tl' ill Ill:: fUlUI':,:. d::~;jglll;.'d uS:J I.JIIdlilJ siu.:, :.dh:r tit:,: p:"I111is';ion "I' Iht., dill:t.:ltll 1.(llh.: 1:llltllill \11' hi~ dt.:lc.:~:.JIL. ha~ hc:t:ll widlllrOJ\\'r1. Ihl "(I pL'rSl"ll\ shall 1:1111\~'jl1glr and wilhtlul ~Illlhprity rt;I1IO\'t' an~ Illalc:ri:ll:; frcHlI llll IUllt.lllr pl'e:l1lisl.:~: no\\' 01' in IhL' future: desiglH:t1 a:\ iJ lumllill sile:o i"cI1lc1111~ hut 11('l1 lil\1ilCc1ul 111111c.:riJI ~t1Il:~liru[ing, re5idel1tial :.JIld cl11l1lncrcial 51'die! \\'u::tt:. ll"U.:::h. till C:'Hl~" ;!bss 1:1l'lttlt~\, g:lrb:IC:C', ruhhish. di5C:lrdccl m::ueli:.lls. s:.md. ~ral.'d. st~~. ,-'lr other fl.' fuse. (C) ;\n)' perY,on or pers(lns railill~ 1(1 comply with the lawl"ul provisions or this se,li(11l <'r any aCI prclhibilCd bereh)' or 1:lilil\~ 1(' (k, any aellllandaled hereby shall h" ~uiliy or an urrense and upun Iri"1 as " misuemeanor anuwn\'ieliun. shall b<' subjl:el.tllllll: I'enaIi ies pw,'idl:d in * 1-6-1. ~ ~.2.;. RErL'SE ACCEPTA.IlLE FOR DISPOS.....L AT SOLID W.....STE LAJ\'DnLL. (a) The fullowing rdus" shall bl: e<Insidercd 1<' bc aeceplable for displlsal by the eounly: (I) G",bl/~~'. Pulreseibk animal :mul'egetablc wast"s resuliing from the handling, preparation, euokinl,; andior consumpliun of flIUUS. r:) :lsln's. TIle rcsidue frum Ihe burning or wuod, eual. cuke or Dlh"r malcnals. (3) Rubbish. Nun-putrcsciblc solid waSIl:S l:'\duuill~ ash"s, "lInsisling or paper. eardooard, lin cans, yard dil'pin~s, wouu, glass; bduing, crod:cry, mClals ami any In~t: trunks. lil'nhs or otht:r \V{'otl product". provide:.! th:.u i.lny such itf:ms larger than four (4) il1(.:h~s in diumc:tc::r. shall be l;U[ into fOUl".foot kngths. (4) D~ad (W;IIIO/S. S1TI:.111 lic::~d animals. nilt e.'\(;t:t:ding st:vt:my.fi\-'t: (75) pounds in weighl. whir.:h die in the nonnal cour:\e of c(l1nn11..:nity activity. exc1udill~ cOlldenllled allimals. shall be accepted at the disposal site upon request. (bl 'l1\e followill~ rdi.!.,e slml1 be cnllsidered te' he \.lIlaccejltable 1,,1' dislh)sal by the county: (1 \ I)an~erous materials nr substJnces. such as poisons, acids, caustics, infected materials Jlld explosives. (Co) Unusual quanlities of materials resulting fl\)m the repair, excavation 0" construction of buildinl,;s or struc:ures, such as eal1h, plaster. n"".ar and roofil\~ materials. (3) The solid wastes resultin~ from industrial processes. (4) Solid wasle Ihat has been burned andhas any evidence of smoke, spark or lire remaining. (5) Seale<i drums. Each drum most have an open lOp lor inspecliou. No drUID for liquid storage will be accepted lor disposal. Ie) A separate area shall be pro\'ided allhe landlilllor the: disposal or snunp,;, logs. <)Iher buildjo~ materials. and tires that cannot be dcposiled io the: regular I.nulill sile. (U) ^11 inuustrial, !;lwcmmenlal aml cllmmcrcinl w"sl" hauler> shal! place: a decal furnished by :\u~usta-RiduniJnu Countv on lheir vehicle that uenlllcs the ctIbic yaru capacity bein~ haulcu into the landfill. (e) 11\c fec~ fm the disp(lsal of refuse shall be lixeu fro111 time to time by the Augll5ta-Rithmnnu Cllunty Commission and kept.on file ill the "ffiee uf the count)' adminisu'alnr alld shall be puhlished ar the lancttill site. ~ 4-1.6. FI':rS FOI! USE 01; ;\liCL!STA-IUCIfMON/l COl!i'iTY SOLID \\,,\STI( !.A"IllIi!!.!.. (a) Fees. 'Il,e follnll'in~ fees shall he char~ed for use of the Au~'Usta-RichlTlond Coonty solid waste landlill: http://augusta/legal/codes/title%204/title_4.htm 1/9/02 I I I I I I I I I I 1 I I I I I I I I TITLE -4 T...'tr.:'. - ...~_.... of j i {I'I 'III: lill;.'l i. ,.b\.'\,:d JIII";~ 1111.....,.......:..:111.1:(.. ," ~"_.'III.IIIl~:' ill:.I;dl~"; 1;1: :;~t::II"l'I'i.'rl':: \1; lo.'i .11I~'I',,:r,"'dlj i.: 111,- ""'lilT "I 1I:1l:11I: ir. !;1\':;U! 1';I:;;;~':;:W_'lIli!' ;..1It.:1i propl.:n: (11 It,,:: first ..ht.liliL:d '.'{In.';;.:1I1 ,I( thl..d":lll.:l \11' 1':11;11\1 ill b.... I'll! r.q:-;....'_.SSh1111.11 tII\1l:~.~. Ill\,' ;.1;';1 I:; d. ~ll'_' 1II1d;,,:1 11Il..' pL~I:>illl:d dill.:nillll ,,; III;,' \1'.\'11;.": II! l~:lI~n~. :al: II, :. 1I1:'JlI:.:r l:lll\:'l:;lc:nl "...ilh Ill.... puhlic 1....",:lIal i:'. ~ .j.~_ll. I.ITI'I-:l:I;\(; STI:I'TT~ ANI> ;;1 I>i:\\',\!..I.:;; "I:flllll:rn:\l. 11 \;II",dl hI.' 1I11li.1\\"fullllr :111.\' 1lt'1'~1l1111' pl;Ji'::':. :;ttlll.:. dump. 1'1:.111: llf 1'11'._.;\(1:,::.1:;\ all~ .iulIl:. 111:"'1:..11. hrid~hal;; Slpn':~.. pbs(.;,:r. 11ImhC:l. leJ:,!:_. !;:Jrh;J~t:. IttH:1'. p~lpcr IW !<-i",il:;1 ftlhlll~h :J1l(I,illlll. \11'1111 all:: pul1lir ~1I1.::;-i 01 ~I{h;~\\':dl. III .';lI~lI:;I~I-IlI~hll1nlid CI-'lIlH~, A:.: w:cd in Ihi:-: ~C'~lil'Ir.. "illl1l:" jn;.:lu.:h:::: '.':ith'-'lIl lil1lil:ltioll uppli~III':l.::". l~lI'lli(UlI.: ami ulllt:.'f hllll. il':I\I.'. nol tl,)t1.sitl~I\,:d lI$u:d 111">l1$~tl(,ld ~,)fh~'l~~_ Thl..' :-;jllil.:llitJll dt:P:IfIII1::"llI i~; 1101 n.:~p.)I\~;ihh: Jl)r l..-I,.Ih:t.:liLlll ;iJtll''(lI' di:'pl.\SaJ (d' ~t1~h ,;unL. wul sln.:h ,iun\., :;h:dllwt h~ "llk~h.:d h:; thl.: ~:~II,i\:lliull dcpanmL'nl. tlul mll~IIJL' tlispl'scd Dr h:.' tnl'lI\Vnl.:r uf lhl..' prupcrty on whid: il t=, 1\1":~II..;tl. ~ ~-!-I(l. 1'l.i\C:(~(;. TIII(()WIi'\(;. ETC..lJA\'Ct:I{OliS ()L;.IEC'l'S (~, S'l'IU::ETS ANI) !-iIIlE\\'AU~~ I'IWIlIUITElJ. It .'\h:,lIl bt: unb\\,rul-fllr UIl)' person to plw.:l..' or lO throw OJ' lo 1t.::.1\'c or a~'lj.mdon on any street in Atlgusta~!l.it:lmmm.! (;OUIHY uny glus~ htltlh: or c:Jr or th(: rm~l11enlS Ihelcof, 01' ~ny hrnken glnss h.),tle 01' crockery or nny kind. or n~ils. lacks. hrickhats, ')1' any anick or ohject likely 10 in.iure barel'nol persClns using such 511'(.'(;1, or sidewalks or to injme or puncturc the lires o['vchicles utilizing pneulllati~ rires lix their k'come,lion. S ~-2-11. I'-EEI'L'IG Cll.\ TES, nOXES. ETC.. 0,' STREETS ANO SJOCWALKS rROHlllJTED; EXCErTIOK. II shall be u1113wl\.!1 ['or any person 10 keep on thc meets or sidewalks in AugusI,,-Ri~hlll,'nd COUll I)' Jny crales, boxes, or nny similar ~t1m3illers, excepr authori4ed trash r~~cplacl~5. S ,t.2-1:!.. CHURCHES AND l'l:nLlC PLACES;LlITERI",C .4..:'iD SPIITI1'C PROHlDITED. II shall he unbwrul ror any persun 10 spit or Ihrow hulls. pcdings or Ulh,1' liller upon the side"'alk or in or upon thc Doors or churches, publi<: halls. Ihealers, huses, audil<ll;UIllS, and other similar puhlie pla~es. ~ .j-~.13. I>ISTIUUl:n'lG IIA,\])BfLLS ,\1\1) ADVEltTISII\'(; i\IATIER IN A UT0i\10nTLES. OK I'lm'A TE l'IlOrEltT\' I'HOHffilTE]): EXCEf'TtO~S. la) It shall he' unlawful ro place in or on any aUTomobile in Augusta-Riclunond Counr)' allY halldbill. circubr, pamphlet. poster, poslcard, or <Hher literature excepl wilh Ihc permission. exprcs; 01 implied. 0[' Ibe owner or oeeupam of such a\lIe'lll(,bik. Ibl II shJIl be unlawl'ul lor Jny person 10 place .'n private properlY an)' handbill, circular. pamphlel. poster, postcard. or olb:r litc:'arure except wilh Ihe pcrmis:iion. "xpress or implied. of l.'~ own"r of the prop~rty or int~ndd rCt:ipi"nl. S ~-1-J4. TRANSPORTrNC REFl'SE IN VEHICLES REGULATED. II shall bc unlawful 1'01' any p"rson, linn or ~orp(lralion 10 transport any garbage, Irash, rcfuse or other carb-'ll UPOD Ih\: public Ih"fOughfares in !\u!;usta- Richmond Counly ir Ihe same is of a characler Dr subslanee whi~h is likely to be deposited from the motor vehicle onlO the publi~ rights-of-way, unless the same is secured by ':("lI1t~iners. t:lrp:lulin. or other de\~ice in such.fn..shiC\I\:1$ to etl'ecti\'c:ly prevent such deposit 011 the puhlic rights.ol:'\\"::JY. ~ 4-2-"'5. DUTY OF O\\'NUt. OCClIP:\NT, ETC.. TO I-:EEI' I'ROI'I':ltTY LlTnm FIU-:E. The owners, nccupal1ts and le5$ee5 of allprope:~'. joiorly and severally. are required to rem'WI: all litter and place Ihe same in pr,'per ennrainers. Vacanr lOIS, b0rc1ers. parking 101s. embanbnenls. fences, walls and sidewalks shall be kcpI free of liner. Parl:ing 1<'15. shepping cenlers. couvcnience s.orcs. drive-io r~slaurJnlS and all olh~1 c<Jl\1mcr::iJI and industrial cnl~rprjSl:;s sha.11 s~e to illhallheir rcspeclive prop'erti~s arc k~pllitler fr~e. ~ -l-!.lG. DL TY OF PROPRIETORS. nUSf:',;ESS i\LI..NAGERS TO ~SlmE CLEA1\'LINESS OF AREAS SURROUNDt"C nt'SI~ESSES. (al The prupricwr anu p~rson in char~c of evclC>' bus.ine~sand eemmercial eSlablishmcnt io August:I.Rich01ond CounlY' juiolly and sev~rally, is bercby required In keel' th. urivewa)'s. yards. parking !OlS and arc:J.< ad,jaecnl IherclO and und.r his CIl!)O'C,1 clean at all timcs alld to plac. sweepings in a cOOluin.r 10 prevent resc::lttering. - Ib) AllY propriell)!' or perso/1 ill charge of a business which Clffers curh service shall he respo/1sible for all paper. trash or mher refuse deposited 01\ the street or sidewalk by his CUSINners. .'\n)' person in front 01' whose ploce ol'business retail or wh.,lesale trnnsaclk'os are made sba!l be responsible f,'r all trash or oluer rcrus~ dcpositcu on the strcct or sidewalk as Ih~ rl:;sult of such Iransaclions. (e) 11 shall b" unluwful rer ao)' prupcrty uwn~r or tenant II" pennit waSIl:; paper, paper cups or fuuu wnlain\:rs of an.y kinu 10 rewain unsecured on bis pm\leny. but the sam. shall be placeu in a closed container immediately afler use. II shall also be unluwrul for any propel1y owner or tenant 10 pennit any waSle paper. paper cups or olher paper pre.duct.' (0 l.llnw ti'om all)' premises oWlled or controlled hy him ollro the. meets M AU6".lsla-ltichmolld County. ~ "-2.17. (;'!lASS. f.(o;,\ VieS. TREE TIU\-IM INCS. ETC. http://augusta/legal/codes/title%204/titl e _ 4.h tm 1/9/02 I I I I 1 I I I 1 1 .1 I I I I I I I I 'T!TL.E--:\ Pa~:: 1;. of]7 ;IIJ,ill'.II..;/I..'. ,....I'..I:.:..I":I:.'....I..I::IH.. 11":1 '.::,'P":.I;I;~ II: ;11..........111...1:1:11:.1: :,"'II':I.:h... .~ii.:J'III_ ..ldlj~:;': \'~'h:I':;I.dll~"JI....'I".'.illl. i..... ;:.;.:.~~. '.'):.:.'~:nt}t\..,: "!' :..!\i 'j"Ii.:':, ;\" 111.'1.....111':. rUlll" III t:llrp; II :.11 j, "I. !;iilll t:.: II. l'lll npl' \'; ilL 1111.: I 1I:JIII bt: "', pri'..-i....i, 111"; In:ll.:dl i.1' dilin~ iJlI., a\.'l pn1Ilihll\.:d IH:r~'h:. 'ill:.!!! lit, guilt.~ I ,r ~lll f~. l'll.:lh': :'llll!. lip>!!! : lI~al ;J'. :1 III i:~~kllll.'::III' II .1IId rill I \'1\,':1-11 II. . SII:.I! i;~ :~1lI ~I ~~.: It: III:: I'':-'I:'dl i=:. )" i IV id:d II I~'- I .,.. I.. . ~: ~.:-!". I :~,.'\ll'lll( )1::/1-:1' I',T!:HITlll ::'1(.'1 \\'1'1'11 1:J':Ct-:I'TM:I.E." ()I; Cl )r'o;TEI\"T.'i. II shall Ill" 1I111il\\"l"ttl rill lln:. UIl:IlJtIlI,ri;',~(l J1"r:":llll II' d;-pilSII (\1' tlm'l\\ !111~' :ll"lIl"lc I'll Sl1h!\I:Ill\':'~" ill :111:: rc",:t;p(;tth- I'll' ;..:.lrh.I~\;" ;!lId rr:.l~:1i lin.:ludiltt-: \,-'ittll'Jut \\11\11:1\11"11\, ='~Irha:...:' ~lIld Ir~l.';t. d\ltt\1'5H;r:~ h~'hlll~il\:: "I ~\..II\\l1\~'rc I~I ~~ti.lhli511ll1l:1l1::'1 (I!, Il' I"C"'(I\:(;, ill,jun..:' o!' dt::SII'(':., \Il1~II\'~r I);' III :1I1}' JI1,'llllU:I' illl.:.n.: f)f c.:lj~:llIrI.1 ~Ul.:h n:ccpla:...1c lll' allY ptlniul\ \If ib (.;U\1Io..:nl:., I.(JI'U.'5~i3:~. .luly 15. I ~llnJ S -1-2-27.---1-2-36. RCSU{\'[.II. ARTICLE 3 GARBAGE COLLECTION IN URBAN SERVICES DISTRICT. ~ -1-1-.17. DEF/(\'ITIONS. (3) 8/1sil/"ss district. The Jre~ or [he Urban S.:rvices Dimict boullded (III Ihe n,"'th bv Ihe S"\'JMJn River, on Ihe .:a$I[1\' Ihe eJSlern sick or pifth Streel (lU the sUlIlh by the suulncrn sid" ufWall:er-5lreel ~nd un Ihe wcSI by Ihe we;l"," side ofT'nirlecnlh Streel. and any olher orca ;,'hich llml', rrum time 10 lime, b~ so desig,,"tcd hy Ih< COll1mission. ih) R..tid,'II1;<l/ district. All areas of Ihe Urhall Services Dimicl olher than the busilless tlisn'ict. S ~-2.3R. ,\CCU/\"ILfLA 1'10'\ OF c..\Im..\GE. ETC.--GEI\'Elt..\LL Y. II .,hall bc unbwflll fill' on)' pC::illn 1'\ ac~umulatc gurh~ge and :rash exc~Jlt bel\\'e~n regular c:.>lIe~.tj(,"S as specifietl h)' Ih= s"n;t:lI;un dep:mme:1l. it b~ing tbe purpose Jlld illkl1linl1 hereM 111 require rhe pl~cillg for c<,lIecliol1 of "II garb~ge Jlld trash ~:CUI11!.lI:!led up l(l the time "I' c,llle:tioll alld 10 pr,'hibir the hnldin!; ew.:r or g3rbage N tr3sh beyond such regular colleclioos. S -1-2-)1). COLLECflON O..\. \:5. 13) Garbage shJll be cl'lleclcd in the business dislrict eJcb night, MOl1day IhrollglJ prido>" exeepl h,)lidays. GJrbJge shall be colleeled fro!:! remur30tS ood bu.sio.ss eSlublisluncms in the business tlislriel each week day oight Momlay lhrullgh Salurday, cxecpl holidays. (bl Garbage sholl be COIlCell.:U in Ihe resii.lenlial dislTicl on weel; days uS spc:ilicd by the saoit:!liun dcparllnenl for the dilTcre:11 arCas. Tree trir.::nio!!s. Ica\'Cs und rough trash will he collecled llll such week duys, holitlays exeepted, as sholl be tlelennined by th~ sanilatioll tkpunmelll under the provisions oi ~ 4-2-4]. S ~-2-~O. WHE:'\' GARB,\G[ TO BE PLACED AT CCRB: NO BACKYARD GARB..H-;E. PICKUP. In the residential districl, garbage shall be placed Oil Ibe ~dge of the eurh nm loreI' than 8:00 A. M. ll/l JII day.~ UpOI1 which g:lrbJge is to h~ e(,lIeeld, JnJ ill the husiness diStrict 1101 IJler Ih:!1l lJ:f)f) 1'. !'vI. l'" days up.)/1 which ~Jrbag: is III bc eolleercd. N.) garbJge gllall he piJecd 011 the gtrec[g ill the residentiJI di<;rriel ancr Ih.: laSI colle~ti()D ('0 fridal' aud b.:liJre Ihe following J\londny. No garbage shall b.: plJeed Oil Ih.: meels in Ihe business dis[riet atkr the lasl COlleclion "u Salurday Jnd before lhe following M,'ni.lay. No g3rbagc sball be pickcd lip frum Ihe btlC!;yan] of any pwpcrty in Ihe residential i.lislricl. ~ -1-2..:11. P..\PEn. PASTEBOARD nOXE5, Ere. REQUIRED TO m: FLATTEi\'ED FOR COLLECTIOK. i\1I,,"pcr. pasleboari.l bu.,cs, canlbuard boxes or Qlh~r similar el.ntalners wbcn plJced JI proper points for cullection sholl bc nJllencd so os to l\C~lIpy as liu!e space os possible. When n~lIelled, sueh c/1ntainers sholl he stacked i/1 a manner thul will penn it convenieot rem,,,,al. Garhage, bils of paper, :lnd other debris "hall Ilnt he placed in the afor.:mentioned c~l1Iainers'. . ~ 4-2-.12. SAME-l'l':H1\'lIT 1'01{ nJo:i\H.lVAI.. It <;Illlll he unlJ\\'ful tl)r J/1Y pers.)n [" pick up N rell1<1\'e JI1)' Jl~pe/'. pastebnard boses or other I11Jteri~lthJI InJ)' he plJeed oUI"id.: slnces a/1d plJees l1fhusiness in AugusrJ-Riebrnontl Coul1lY unl.:ss sneh person has Ihe perrnissil)n'orlh.: business (lu'ner. http://augustallegallcodes/title%204/title-"4.htm 1/9/02 I I I I I I I I I I 1 I I I I I I I I :. T: T~E ..::~ P~l~:: j:; (,1' 17 : .', ,. ~"- :": i. I.j :Fii'~;TIII~..:-.. I.,; 1::;'1 .,!( J '. :\11. 11:11,1 r:III:, - 11(:"Il:'llIlb' 11.,'lIr:th.:.; 111 im,:"~ll "':1 il :'::IIC:. ~.l."' l~lI'~lt-.i'. illii' ;:1111 \I11...T~' i.lll: "\1.-;,',,1 lir...:!':'" ::1 'l..'l' i rh';d I:' III~' ;.1SI"..::-:l i i~.lrl\; \ :11'1''':( i~::. i.! :-....:rl"l\..1I1 il"l'.' . ~hr:'..;llik ....UI\\lIIIn:.\!,.IIIIl.:.:;llllll,:rit'... ~lIl1t,~;ill..'. ridll.:d.lIl. L"1,....ilhilil...-. ;mllll'l'll:.llil~. Ir-;.'IIlI,lu:.: :JIlil :1:.:tIlill!it..: 11'1/:',"IIt"j}lI.ifl' 11".:l\'Ia' 1IICall:: :.1111.1 illl.:lml...:'.llw 1~,1I'.1'."';1I=': 11, /'m/H'd,':"",U,' ,,'USt,'. whil.:h Ilh':iJl1:-: ull n'.';"('k'ni~'';'lhl;: illlllli.Jn li:i';lIt:'~. illld hlld~ p:ln:, whi~h :11'1.: I'L'm\'\'I:d durin:.' slll'=t:r:~'~ nhsh':lril,,":J1 pr\,\.:::dur.:-::: UUh'I'.';:, ~nd la\li',r:lll\r:: l'lll\,.'c(hlfc"o:;. t::i nil"(I~.jn" 1\'11.':11". \'.'hl;:b I1H::tIl;, hull: hl,vlel :11\..1 hlond pn.tcl 1I: I;"'. e~utl=J{t:;. .c;.c~r~li\"'IIl~. ~,lI';tlr,l1il1~~. ..111(1 \)(\11::- hulk h,)ci:... nlllc1r: \\'hi::h ';::U1ll01 h:- fir :ire nnr dirl.:t.'II~ di~r.:~lrdt.:d inll.' ~I nlLln!l,..ip~d !'CU:t'r $y:al.:ITl, t31 Cultures and ::iI('cks of inFeCtiOus :t~l;nt$ and :Jss'lciJlcl1 biuklgical~. including cullul'l:s ('rom m:dico.! :lnd p:tlhl)loglcnllabi)f:llClrh::s, cultllrc=s :lnd shJcks of inkcli"u, U~"I1IS fhml n:seurch and intluslrial lab,,'r~ILJries. \YlISles frLIm the prutlucliun ur bi..,k':,:icals, discan.kd li,'c unu all~nu'ilcd I'lIccill\;:~;, ami cuhurc c.1i!\ht:s ;.JIlL! ucvil.:t:.'" used tl. tr~nsrer. J11l1s:.;ul:.llc, unumix ~ulturt:s. (-l) CUllluminaled an;mal carcas.'es. bndy pans, their [,tuuing anu Illhtr "'<lsttS from such animals which hav" h""n t,:post:U \(\ inreciious <l:;ents, cap<lble of C:'l\I~il1g di~ea.liie in man, during re$earch, prnduction nl"hioiogical. or IC$til\g of pharllliJccuticals. 151 Slw1'l)s. which mean~ any di~carded anicle thai /na)' cau~e punclUre~ Dr cuts. Such \Va~le include~. hut is nor limiled to. ir~lI1s such as needles, IV (ubing and syrin~es wilh needles allached, and sculpd blades. (6) CI":IIIIJI!J",.iJ,l1,I' ''''II''', which mcans an)' disposal male:,ia! which bas come in conracl wilh eyll,roxic/anliael'pIQSI;C a~~n!s (agents 'oxic 1(. cdls) ant1ior ~ntincuplaslic a~cnts (ug~nls that inhibit or prcvcnl thc !,'Tl.wth und 'l=rcael or lLl1110r, ur l11ali~nant cclls) during the preparuliun. hundling und adminislration or !oiuch al;=nl"i. Sut.:h waste: inc!uc:::s, but is nOI lilnited [0, 11lu.'iksJ ~Io\'cs. gowns, t:11lJ1ry TV tubing b:Jgs umJ vials.< und OIhc:r ~Dm:.lnlin:.ll=d mutt:!ials. The ano\'e \Vcsle mUSI first he c1assitied as emplY, which means such in quam;r)' Ihar il is nOt ~uhjecr 10 ,~rhe,. r'edenll o'r srale wasle manc:;emenl re"MJbriollS prk1:' to beins handled as biomedical WaSte. (71 Discarded medical egLlipmenl and pnrts, not including e~:peud"blt supplies and mOlerials which have nol 1::ee:: cieconlamillared, thar were in contact with inlc'':lillllS ~lgt:nls. (c) ("I/('(:Iu,.. 1\ny pcrson ..,r p~'l'Sons, firm or corporulion who, ur.ucr agn:cmcnts. vcrbal or wrillc:>, with or ",ithcul compccsation. UOCS Ih;:- work of ct'lle::tin!; and/or tr.msPllning asht:stos ~nt..lillr biome:dic:.1l- W:Jstc: thlnl inuustri::s. offices. r~lail outlt:ts, husin~ssc:s. il)s~ituti()ns undior similar locutions. ,lr !Tom resir1:mial dw:lIin!;. ~ -l-2-:-2. ~l,\NlI'l~ST JiOR,\IIU':QUII~EIl. No c"lIectar shall be allowed 10 disp"~e of ash est os and/or hiomedical waSle at Ihe Au:,;usra-Itichmond COUIllY lundfill wilhout I)blaining, at least ten (1 (1) days pri.." 1(1 disp,,'sal of' Ihe asbestos Jnd/or biolncdical waste at Ihe landtill, a manifest form frollJ :h~ $L'lid wCSle eo:;inee: or Ihe !aC!~till and/or his representative providing the required inr,,'ffi1alion as 1<.1 material gcncrQlion, transpurtation Jnd t1isposul io accordancc with Georgia Dcpanmcnl of NtllUfal Resources, Enl'irnnm~nlul Protection Di"isinn. Rules und R:gulations. ~ 4-2-53. INSPECfIONS. All c:>lIcclOrs shall ullol\' uUlhorizeu represenralivts from the landfill, during tht period oftirne [1rior 10 disposal or Ihe usbcslo;; and/or biol11edical wa51e al the landfill, acct:S5 to th~ remcwal site t'l1r inspections, ~ 4-2-54. Ol.:T-OF-COl.lNT\' WASTE I'ROIIIIlITI':Il. No (.'1:,\!eC[01' ~ha1i deposit a~b::sr,")s amt:'OI biol11edico:.l \\"~5t~ at rhe landfill th;:: i$ nnt g::ll~r.:i.!ed wirhin :ht: hOt;ndCJ:-I~$ i.'\f rhe Ct)unty. ex:epr pur!'uill11 t(1 L: contract with :-\u~usla~Richmond c: ,-)un!)', ~ .l-2-~5. l'EN.~ TV FOR qOLA TJON OF :\..RT1CLE. Any collector failin:; 10 comply. wilb Ihe lJwl'ul pnwisions ..'f tbis article Dr doin:; aD)' aCI pl'ohibired by Ihis article or failing [0 do un)' acr rnaad:lled b)' Ihis article shull bc \;uilty or an on'case. and upon trial as a misdclncunor and convicli...n. shall hc sLlk<icct lO the pccallies pWl'iucu in if /"-6-1. All." eollcclor wbo kno",in~l)' mukes any false slattl11enL~, reprtset1larion or eenific<lliol1 in any application, record. rcpnn, plan or (It her ullcumenls med or required to be mailllainecl pursuant to rhis al1icle shall, u[10/1 cO/1vict;o/1, be subject r,' the pe/1allie~ prrwided i/1 ~ l.fl.l. ARTICLE 5 http://auf,'UstallegaVcodes/title%204/ti tl e _ 4.htm 1/9/02 I I I I I I I I I I I I I I 1 I I I I ,Co': r- TrTL..E4'. r'ttg= j ~ ()~'! 7 ~":, \~:II\'I, Iii,' 1I1'.~:~.II~:.:I!J1~ "nl~'~" ..;il:.I~ 11,1'1 r:r~. ,'I.I:ltll'.:.;;: l'I"i'-:. 11l::p..:t:I\"I: v;~lrr:lll~ 11: 1~llh:' 1~'IH......i:. pl...\h.I....; h:. 1:11' j:. :.l..::'ur:' ...'rl~l:.. II" 1".'.1\':: \1; "~TUp:ltl1 01 :11I.' 1-111\..: 11~:I"'I':1 il;I\'lI\~' :'lI:n'~'.:. \:~ll: I" ..';\lllld~',' III,' !'\r.1pl.TI, St.:.!! 1.li~ i.;" 1l:.:~~h:::1 :111..:; P:I'I".:~ ll~~lll'..':il L lliOHh :1: tl1.:I:,:il: pri".;:h.:~i lu !'I,)Il1I'II: jll'tTHl1 CIlII~' 1I....'I\:ill h:: Ill:' III. C -:ti:;;i\IIl:/ ;'If'i h,'I:!. 1.;1' IIt~. Pllrr:\ ,'-;:' II: IIr;pt,:~:11i III :Illli t':,;;ullill:llh'll. plll'~l::lI\l I:, ,Ill.. C'l',;ic: ;::c-::\I: Ii', I'..:i 'I h~ i.h.':":II,;.' :.Ill:! 1I1:~p,;,::li;11l1 J;;:p:lrllll'.;-Il! ,",1' Illl.. LII'. IIilflllll'IIl:1I ('fld~. hdl..r(:CI1Il;II~ ')tTitcl' ;;k!ll h'. ~llIlhllri;:'.t:(i II' i:..,\.I: "\In\lll(lll~; I'll; it-=;Inlt~..', 1'111 :Jll::::cd \'l\d~lIi; 'II:. <<,If Ihi:: Ilrdill:\In.:..: jll till.: ?..b;.: 1$'1':11': !. 'I ,un (1:.1 '. i.:.IIJ11'p'li~11. (llllH.'.. ~: ~-!-7i,. l'l:N,\I.:IW,~. ;\11:- I'l.:l~\..)tt r~i\iH~ t.. c(llllpl:; witlllh..: la'.dill pr"I\,'i,;,;jl,'":-: .1;\1" t111~. ani\.:h: (II' di'm~ all;" a.:l pr(,liibiu.:d Ill.:r~h~ (II" r:ljlin~ 11,1 (!t', Ull:,. :11..'1 lllalu:I:II1.:d ill.:H."h., ~Il:di bt.. :;.t.Iill~. ~Ir ml tllll.=nsc.:. and uJllln tri::! :J~:;J l11istJl..'lll..;anur shalll~\.' sub.il..:t.:llU buth Ih\.~ rll.':ll<lltic.::~ !11rl\'iul..'t1 b:. :: 1.(...1, and III all:: or allld' th\.' r~,Hilwin: pl...niJhil's: tal hi (11\': S(JUIHJ tJi~c.:n.:titJn ur Ihl. lIiJll.:l'llrl, lil~: "i,d:JlOr 111:1:,. hI".' onh.:rl.:tJ (t. J'l:mt1V(,. frum ;.111)" propl.:rl! fur \\'hil..'h thl..: vivlalllr is n,:)plll\sibh.: 11".: unl;t\,..rol :Jl..'L:umul:Jliiln t11' :-.cr:Jp tin.~s and III t:nml: ill full t.;ompliulH:t: \\'ilh Ihi:: urtit;h.::. (hI III Ih~ sllund i.lis~r,ti(l/l (,i' II" trial wun, Ih, violalilr IllU)" ,,, ('rd,n:cJ III rcIllO\'C from the prop"")' orun/llh,r uny ullbwi'ul ac<:tlllu"ali"n or scrap lir~s ror which the vinlJ(or is re~ronsihle. (c) 'Il,e violalor shull he suhject [() .:ivi1 redress hy AU!;USla. Gcoq;io in u coun or compelenl jurisdicliCln. ir heing the illlei\l or AugUSta, CiC:N:;iu to ha\'e hoth the civil and criminal ri~hls or proseculiL)n inlllis ureJ. . COrd. # 6146, April O. 1l)'llJ) http://augusta/legallcodes/title%204/title _ 4.htm 1/9/02 I I I I I I I I I I I 1 I I I I II I I I.:' _ .. -- --...-- ._-_.-.,--~._-~_. .----~... SCHEDULE OF PRICES SECTION 14 & 14A 2.. :2 % UNITS BASE BID 1. Refuse and Yard \Vaste Collection at Curbside. Two (2) Days Per \Veek Picl.:.-Up For Refuse and One (1) Day Per 'Veek Pick-up on Yard \Vaste. Year 1 Year 2 Year 3 Year 4 2. Bulky 'Waste Collection at Curbside One (1) Day Per \Veek Pick-Up For Bulky \Vaste: Year 1 Year 2 Year 3 Year 4 3. RecycIables Collection at Curbside One (1) Day Per "Week Pick-Up for Recyclable Materials: Year 1 Year 2 Year 3 Yea.r 4 Grand Total ()1.'U:(J2 16 : 2.') . '5' 2 .1.') :I 5.:1 6 2 7 .1 HPR-BO~D DETROIT ~""'. ,. I ~Iiberty ~ Bond Scrvices~ loicmbcr ollJbc:rty ~i unW CCOllp lnlercnJI'\;]O CO'1lor:!l~ Cen(\!r 450 P!~moulh P.1l;]d,Suite 400 Plym,-,ulh Meetin9, PA. lS~62-16.14 Ph. (510) 832-S2.10 I 1 BID BOND I B::md Number: N / A I KNOW ALL MEt'J BY THESE PRESENTS, that we INLAND SERVICE CORPORATION 415 SW 11TH STREET, LAWTON, OK 73501 , as principal (the .Principal"). and LIBERTY MUTUAL INSURANCE COI"lPANY, e Massachusetts mutual insurance company, as surety (the .Surety"), <Ire held and firmly bound unto AUGUSTA-RICHMOND COUNTY, 530 GREEN STREET AUGUSTA, GA 30911. I , as obligee (the .Obligee"). in the penal sum or TEN PERCENT OF AMOUNT BID I Dollars (S 10% of AB ), for the payment of which sum well and truly to be made, the said Principal and the said Surely, bind ourselves, our heirs, executors, adminislrators, successors and assigns. Jointly and severally, firmly by these presents. I WHEREAS, the Principal has submitted a bid for:. RESIDEWrIAL SOLID WASTE COLLECTION I NOW, THEREFORE, if the Obligee shall accer;t the' bid of the Principal within the period specified therein, or, if no period be specified, within sixty (GO) days after opening, and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents, or in the event of the failure of the Principal to entcr into such contract and give such bond or bonds, if the Principal 5hall pay to the Obligee the difference in money not to cxceed the penal sum 'hereof betvveen the amount specified in 5aid bid and such larger amount for which the Obligee m;:JY in good f<lith contract with another party to perform the work cDvered by said bid, then this obligation shall be null and void; other\vise to remain in full force and effect. In no e....ent Sl1311 the liability hereund€r exceed the penal sum hereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDEf..JT, that any claim by Obligee under this bond must be submitted in writing by regist&rBd mail, to the attention of the Surety L<'lW Department at the address above, within 120 days of the date of this bond. Any suit under this bond must be instituted befora the expiration of one (1) year from the date of this bond.lfthe provisions of this paragraph are void or prohibited by law, lhl:: minimum period of limitation available to suretie:s Cl!; 3 defense in the jurisdiction of the suit shall apply. *** I I I I DATED as of this 17 dayof JANUARY ,20 02 *** Additionally, a condition of this ohligation is that the Surety is agreeing to provide bond for the first tvo years of the contr~ct, bue if the contr~ct is .~;:te.:nd~d .fc'lt._ C'ny .of the .ttJo opeion years.. t:hl~re is no pC;:l1..3.lcy t.o the Surety on eithe.r r.he bid hond or. any performance/pa;"'!Il!~i:tt bonds issu.;:u .Oll a prior b;J,sc. cont!"act. or opcion ye~r should the Surety decide ri~~. to' provide .b. 01;;;(<1 roc a. of tho e op"tioned .J"ears. . PRINCIPfL~1 -It / - ~. W "SS~ T.E1 r::.. () . ~~E'RT~URANCECOMPA"Y . . (Sura[y) I I I I By:(11 N.J.!- L1 "1Ci.1'.t 17 U Attorney.in-Fact- (Seal) I LMIG-SOOO .Rftv.,05'1oI'01 . I I THIS POWER OF ATTORNEY IS NOT VALiD UNLESS IT IS PRINTED ON RED BACKGROUND. 870958 I This Power of. Attorney limits the acts of those named herein, and they have no authority to bind the Company except i~ the manner and to' the extent herein stated. . . .L1BERTY MUTUAL INSURANCE COMPANY .BOSTON, MASSACHUSElTS 'POWER OF ATTORNEY I KNOW ALL PERSONS BY THESE PRESENTS: I' . ::::':.. . . . . . ;... ... ~. . ..' . . .. . . That liberty Mutual InsuranceC6'~pany (the 'Cq'(T,pany"), a M.~S~~~.h~setts.'~utual insur~~c~ compa~i.'pursuarit .to:anq by authority of the By-law and .'Authorization hereinafter set forth;'?9e.~hereby nai"!i:e;:.constitut~aD(:fappoinl JANET A. NEAL; BRA:DLEYA';'SCHIQK.,. ALL OF THE CITY OF ~.~~~~~~~~'.:~~\:~~~.~.~~.:Z.~t~.~~~~'::::::::::.t:::~g.:.::.::::::::::::::::::'::.:~.:::::~:::::: :.:::::i~{:.::::.::::::::::;:~:"::~:::::::::::::::::';}i~:.':::::::::::::::::::::::::::::::::::::: ............................................................................ ~............ ....~.:.. ~:"~ ~........ :.~:;.~;:~.~ ~ '.................~. ..~'..~, ~'~-.~'.~ ~...................................... ~ ~... Ii .-~.~ ..:""" ~... ~ :.;,.~ f-.: .'~................ .':.: ,.:" -:'..........................:........ ..\~:~.:.:: ~.::....oo....... ~...oo......oo.:.....oo...oo.oo.oo. ; each individually ifthere be more th~lfldrie riaii-l~d, its true "ii~d'ia.wful allorney-in:icid.to mak~:'e~ecute,.seai~::acknowledg'e,:a'I}~:deliver, for and on its behalf as sureiy:'and as its act and' deed, any anc(iiU::undertakin'gs, bo~"ds;":i~cognizance~:a:i1q:cither sufetYO:ilbligatioiisi~lhe penal ~l!m.~.otexceeding FIVE MillION AND 00/100.................:...:. .' ......:.....\)c:>!-I,.A..F!~.W..... 5,OOq;.oOO.OO"~..~.~~~,~?,*~::,:,::'<:~-)<.each, and the execution of such. undertakings,. bonds, recognizances andiitti~(surety obligations;.il\ p~rsu~nceof these prese:rits,shaUb~.as:bi~dingupcin' the Company as if. they had been duly signe,d ~y:'~e presid~!,l and. .atleste~ by the ~e~r~t~ryOfthe.c~m~a~~:;.iri..t~eir6wn prope'fpetso.n.s..: ..:.....:.'..:::.":.:. ..::.,. .: : ~ '..::. ..' .' .:. .'.,' . '. ...., I l .'" Public Works and Engineering Department Teresa C. Smith, P.E., Director 530 Greene Street, Room 701 Augusta, Georgia 30911 (706) 821-1706 FAX (706) 821-1708 March 28, 2002 Inland Service Corporation Attn: David Vance 1561 Doug Barnard Pkwy Augusta, Georgia 30906 SUBJECT: Collection of Solid Waste, Y ard Waste, Recycling and Bulky Waste - Phase II, Sections: 16, 17 and 18 File Ref.: 2002-008(B)1 Dear Mr. Vance: This letter is written to address an error in the Notice of Award dated May 15, 2002, for the subject contract. The correct language is as follows: You are hereby notified that your bid has been accepted for items in the amount of $2.139,600. This letter serves to reflect a revision to the Notice of Award and will be attached to the original copy of the Notice of Award in the Contract Document. Dated the, 151 day of April ,2002. ~ .IrQJ/~o- . ~ TITLEt\,;to ~ r ~. ~u.bI:G Wbtks -; ACCEPT ANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged on this_ day of /5" ~/ ,2002. BY /2.~~ TITLE:~~ I I I I I I I I I I I I I I I I I I I ;,;.'" ~ SECTION NA NOTICE OF AWARD TO: Inland Service Corporation 1561 Doug Barnard Highway Augusta. GA 30906 PROJECT DESCRIPTION: Collection of Solid Waste, Yard Waste, Recycling and Bulky Waste: Sections: 16, 17, and 18 The Owner has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated December 2001 , and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of $_ 1.069.800.00 . You have agreed in your Proposal to execute the Agreement and furnish the required Contractor's Performance Bond and Payment Bond within Ten (lQ) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within Ten (lQ) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be gr,mted by law. You are required to return an acknowledged copy of this NOTICE OF A WARD to the OWNER. Dated this 15th day of March, 2002. BY~C/ c+j~ TITLE ~:e.d-o ,.; ~ Pu.1 I ('eo t;J 0,. It. <; ACCEPTANCE OF NOTICE Receipt ofthe above NOTICE OF AWARD is hereby acknowledged on this_ day of _ , 2002. BY: TITLE: NA-l I I I I I I I I I I I I I I I I I I I SECTION PB PERFOR1'\1ANCE BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE PB-3, IN FAVOR OF THE OWNER. CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.) KNO\V ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called Contractor, and a corporation organized and existing under the laws of the State of , with its principal office in the City of , State of. , as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond Cqunty Commission-Council, Georgia, as Obligee, hereinafter called the Owner, in the penal amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. - WHEREAS, Contractor has by said written agreement dated entered into a contract with Owner for the COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING AND BULKY WASTE - PHASE IT AT AUGUST A, GEORGIA, in accordance with the drawings and specifications issued by - Augusta-Richmond County Department Public Works, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and' faithfully perform said. CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Owner. The Surety hereby waives notice of any alteration or extension of time made by the PB-l I I I I I I I I I I I I I I I I I I I Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having perfoffiled Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: (1) Complete the CONTRACT in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as \-Vork progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. IN WITNESS WHEREOF, this instrument is executed in _ (number) of counterparts, each of which shall be deemed an original this _day of ,20_ ATTEST: Principal (principal) Secretary By (s) (SEAL) Address (Witness as to Principal) (Address) PB-2 I I I I I I I I I I I I I I I I' I I I Surety ATTEST: By Attorney-in-fact (Surety) Secretary (Seal) Address Witness as to Surety Address Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. PB-3 I I I I I I I I I I I I I I I I I I I SECTION PB LABOR AND MATERIAL PAYMENT BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB-l, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.) KNO\V ALL MEN BY THESE PRESENTS: That , as Principal, hereinafter called Contractor, and _ , a corporation organized and existing under the laws of the State of _ , with its principal office in the City of , as ,_State of Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission-Council Georgia, as Obligee, hereinafter called the Owner, for the use and benefit of claimants as hereinbelow defined in the amount of Dollars ($ ) for' the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. \VHEREAS, Contractor has by written agreement dated entered into a contract with Owner for the COLLECTION OF SOLID W ASTE, YARD WASTE RECYCLING, AND BULKY WASTE - PHASE II in accordance with drawings and specifications issued by Augusta-Richmond County Engineering Department, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NO\V, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required to use~in the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A claimant is defined as one having a direct contract with the' Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of.the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone s~rvice or rental of equipment directly applicable to the CONTRACT. (2) The above named Contractor and Surety hereby jointly and severally agree with the Owner PB-4 I I I I I I I I. I I I I I I I I I I I (4) that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any cl~imant, . (a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above narried, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Contractor ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period oflimitation permitted by such law. ( c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amoimt of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this day of A.D. 2001. PB-5 I I I I I I I I I I I I I I I I I I I Witness Attest Witness Attest (Seal) (Contractor) By (Seal) (Title) (Seal) (Surety) By (Seal) (Title) Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. PB-6 I I I I I I I I I I I I I I I I I I I CERTIFICATEOF OWNER'S ATTORNEY I, the undersigned , the authorized and acting legal representative of Augusta-Richmond County Commission-Council do hereby certify as follows: . I have examined the attached Contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties 'executing the same in accordance with the terms, conditions and provisions thereof. ~~ DATE: PB-7 I I I I I I I I I I I I I I I I I I I SECTION NP NOTICE TO PROCEED Attach Notice to Proceed here. TO: DATE: PROJECT: You are hereby notified to commence work in accordance with the Agreement dated , 2001, within Ninety (2Q) calendar days following this date, the date first written above, and you are to complete the work within L) consecutive calendar days after the date of this notice. The date set for completion of all work is therefore ,20_. BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged and the same is hereby accepted on this day of ,2001. BY: TITLE: COA-2 I I I I I I I I I I I I I I I I I I I GC-O 1. GC-02. GC-03. GC-04. GC-05. GC-06. GC-07. GC-08. GC-09. GC-lO. GC-l1. GC-12. GC-13. GC-14. GC-15. GC-16. GC-17. GC-18. GC-19. GC-20. GC- 21. GC-22. GC-23. GC-24. GC-25. GC-26. GC-27. GC-l SECTION GC GENERAL CONDITIONS INDEX TO ARTICLES OF GENERAL CONDITIONS Section Page No. Definitions Additional Instmctions and Detail Drawings Schedules, Reports and Records Drawings and Specifications Shop Drawings Materials, Services and Facilities Inspection and Testing Substitutions Patents Permits and Regulations Protection of Work, Property and Persons Supervision by Contractor Changes in the Work Changes in Contract Price Time for Completion and Liquidated Damages Suspension of Work, Termination and Delay Payments to Contractor Insurance & Indemnity Contract Security Assignments Indemnification Subcontracting Engineer's Authority Land and Rights-of-Way Taxes, Order and Discipline Special Restrictions 2 5 6 6 7 7 8 8 9 9 9 10 10 10 10 11 12 13 15 15 16 16 16 17 17 17 17 GC-Ol. DEFINITIONS: Wherever used in the Contract Documents, the following terms shall have the meanings I I I I I I I I I I I I I I I I I I I indicated which shall be applicable to both the singular and piurai thereof. 1. ADDENDA: Written or graphic ipstruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletion, clarifications or corrections. 2.BAGS - Plastic sacks designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by top. Total weight of a bag and its contents shall not exceed 35 lbs. 3. BID: The offer or proposal ofthe Bidder submitted on the prescribed form setting forth the prices for the work to be performed. 4. BIDDER: Any person, firm or corporation submitting a bid for the work. 5. BONDS: Bid, Performance and Payment Bonds and other instruments of security furnished by the Contractor and his Surety in accordance with the Contract Documents. 6. BULKY WASTE: Furniture, mattresses, stoves, refrigerators, water tanks, washing machines, and other non-hazardous waste materials including 200 lbs. or less of construction debris and tires off the rim. 7. CART: A plastic receptacle with wheels and lid with a capacity of 90-95 gallons. A cart with a minimum capacity of 60 gallons may be substituted to meet special needs. 8. CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documen~s or authorizing an adjustment in the contract price or contract time. 9. CITY: City of Augusta, Georgia. 10. CONSTRUCTION DEBRIS: Waste building materials resulting from construction, remodeling, repair or demolition operations. 11. CONTRACT DOCUMENTS: The contract including Advertisement for Bids, Information for Bidders, Proposal, Bid Bond, Notice of award, Agreement, Performance Bond, Payment Bond, Notice to Proceed, Change Orders, General Conditions, Supplemental General Condition, Special Conditions, Technical Specifications, Drawings and Addenda. 12. CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions of the Contract Documents. 13. CONTRACT TIME: The number of calendar days stated in the Contract Documents for the completion of the work. 14. LIFE OF THE CONTRACT: The total duration of the contract from Notice to Proceed to GC-2 I I I I I I I I I I I I I I I I I I I completion of all the work. 15. CUSTOMER: Means the recipient of collection services, and can be a resident in the Contract Area, or a Designated Non-Residential Location. 16. DESIGNATED COLLECTION AREA(S): Means that geographic area at which the Contractor will provide collection and other services pursuant to the Proposal. . Collection points will be at the curb for Refuse, Yard Waste, Bulky Waste, and Recyclable. Collection points will be at the curb (on the right of way ifno curb exists) or in centralized areas for multi-family housing, as determined by the engineer and in the back yard for customers with physical disabilities (for refuse collection only). 17. DESIGNATED DISPOSAL FACILITY: Means a facility to which each material collected under this contract must be delivered. The disposal facility for any or all of the materials collected may change to meet the need and contractual obligations of the City. 18. DESIGNATED NON-RESIDENTIAL LOCATION: Means a non-residential location in the Contract Area that receives collection and other solid waste services from the Contractor. 19. DRAWINGS: The part of the Contract Documents which show the characteristics and scope of the work to be performed and which have been prepared or approved by the Engineer. 20. ENGINEER: The person, firm or corporation named as such in the Contract Documents. 21. EVICTIONS: The removal of a tenant from property by legal process. 22. GARBAGE: Every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains, or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable animal or vegetable waste matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of Bulky Waste, Construction Debris, Hazardous Waste or Rubbish. 23. HANDICAP/SPECIAL NEEDS: Any physical or mental impairment which would prevent a resident(s) from moving a 90 - 95 gallon container to and from the curb or designated collection point. ' . . 24. HAZARDOUS WASTE: Waste, which is defined, characterized or designated as hazardous by the United States Environmental Production Agency or appropriate State agency by or pursuant to Federal or State law, or waste, in anyamOlmt, which is regulated under Federal or State law. For purposes of this Contract, the term Hazardous Waste shall also include motor oil, gasoline, oil base or lead paint, paint cans or their cans. GC-3 I I I I I I I I I I I I I I I I I I I 25. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the successful Bidder. 26. NOTICE TO PROCEED: 'Written communication issued by the Owner to the Contractor authorizing him to proceed with the work and establishing the date of commencement of the work. 27. OWNER: A public or quasi-public body or authority, corporation, association, partnership or individual for whom the work is to be performed. 28. PROJECT: The undertaking to be performed as provided in the Contract Documents. 29. RECYCLABLE MATERIAL(S): Newsprint (magazines); aluminum and bi-metal cans; HDPE clear plastic milk jugs and PET plastic soft drink containers; or any other Commodity designated by the City. 30. OUT OF COMPLIANCE TAG: An attachable notice which clearly informs the customer that the waste is out of compliance and provides an explanation as to why the waste is not . being picked up. Notice should be 8 Yi x 5 ~ and red in color. 31. REFUSE: All Garbage, Bulky Waste, Yard Waste, tires and white goods generated by a customer. 32. RESIDENT PROJECT REPRESENTATIVE: The authorized representative of the Owner who is assigned to the project site or any part thereof. 33. RESIDENTIAL UNIT: An occupied dwelling (whether a single family home or a multi- family unit) requiring curbside collection. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. 34. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a Subcontractor, Manufacturer, Supplier .or Distributor,which illustrate how specific portions of the work shall be fabricated or installed. 35. SOLID WASTE: Is defined as garbage and trash. This may include glass jars, bottles, aluminum cans, steel cans, plastic soda ahd liquor bottles, newspapers and inserts, plastic soda, milk and water bottles and spiral paper cans, and other solid waste including yard waste, and bulky waste as defined. Residential solid waste shall not include discarded building materials, trees, brush, tires - no commercial tire businesses, and other material resulting from the activities of building contractors, corrunercial tree trimmers or commercial lawn services, large quantities of sod, dirt and trash from land clearing, and other materials requiring special handling as determined by the engineer. GC-4 I I I I I I I I I I I I I I I I I I I 36. SPECIFICATIONS: A part of the Contract Documents consisting of written descriptions o'f a technical nature or materials, equipment, construction systems, standards and workmanship. 37. SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the Contractor or any other Subcontractor for the performance of a part of the work at the site. 38. SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction of the project or a specified part can be utilized for the purposes for which it is intended. 39. SUPPLEMENTAL GENERAL CONDITIONS: Modifications and/or additions to the General Conditions of a specific nature generally aimed at the specific contract of which it a part. 40. SUPPLIERS: Any person, supplier or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site. 41. TIRES: Any rubber cushioning from a wheel which will include automobiles, trucks, bicycles and other small vehicles. (Excludes any and all commercial vehicles or conunercial establislunents. ) 42. UNIT: Shall be defined as one (1) residential unit, individual apartment or condominium in a multiple family residence, or Designated Non-Residtmtial Location unless otherwise specified by the City. 43. WRITTEN NOTICE: Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address or delivered in person to said party or his authorized representative on the work. 44. YARD WASTE: All tree trimmings, dead plants, weeds, leaves, and dead tree debris not exceeding five feet (5') in length, four inches (4") in diameter or fifty pounds (50 lbs.). GC-02. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS 1. The Contractor may be furnished additional instructions and detail drawings, by the Engineer, as necessary to carry out the work required by the Contract Documents. GC-5 I I I I I I I I I I I I I I I I I I I 2. The additional drawings and instructions thus supplied will become a part of the Contract Documents. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. GC-03. SCHEDULES. REPORTS AND RECORDS: 1. The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning the work performed or to be performed. 2. Prior to the first partial payment estimate, the Contractor shall submit schedules showing the order in which he proposes to carry on the work, including dates at which he will start the various parts ofthe work, estimated date of completion of each part and as applicable: 2.1 the dates at which special.detail drawings will be required; and 2.2 respective dates for submission of shop drawings, the beginning of manufacture, the testing and the installation of materials, supplies and equipment. 3. The Contractor shall also submit a schedule of payments that he anticipates he will earn during the course of the work. GC-04. DRAWINGS AND SPECIFICATIONS: 1. The intent of the drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the work in accordance with the Contract Documents and all incidental work necessary. to complete the project in an acceptable manner, ready for us, occupancy or operations by the Owner. 2. In case of conflict between the drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. 3. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies .or ambiguities in tne drawings or specifications shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovt:ry of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. 4. All work that may be called for in the specifications and not shown on the drawings, or shown and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both these ways and should any work or material be required which is not detailed GC-6 I I I I I I I I I I I I I I I I I I I in the specifications or drawings, either directly or indirectly, but which is nevertheless necessary for the proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and required and shall perform all such work and furnish any such material as fully as if they were particularly. delineated or described. 5. It is understood and agreed that the Contractor, by careful examination, has satisfied himself as to the nature and location of the work, the conformation of the ground, the character; quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this contract, shall affect or modify .my of the terms or obligations herein contained. Major changes in the function of the contract will result. Incidental changes or extra component parts required to accommodate the substitute will be make by the Contractor without a change in the contract price or contract time. GC-OS. SHOP DRAWINGS: 1. The Contractor shall provide shop drawings as may be necessary for the prosecution of the work as required by the Contract Documents. The Engineer shall promptly review all shop drawings. The Engineer's approval of any shop drawings shall not release the Contractor from responsibility for deviations from the Contract Documents. The approval of any shop drawing which substantially deviates from the requirement of the Contract Documents shall be evidenced by a Change Order. 2. When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification that he has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. 3. Portions of the work that require shop drawing or sample submission shall not begin until the shop drawing or submission has been approved by the Engineer. A copy of each approved shop drawing and each approved sample shall be kept in good order by the'Contractor at the site and shall be available to the Engineer. GC-06. MATERIALS. SERVICES AND FACILITIES: 1. It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the work within the specified time. 2. Materials and equipment shall be so stored as to insure the preservation of their quality and GC-7 I I I I I I I I I I I I I I I I I I I fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. 3. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 4. Materials, supplies or equipment shall be in accordance with samples submitted by the Contractor and approved by the Engineer. 5. Materials, supplies or equipment to be incorporated into the work and purchased by the Contractor of the Subcontractor will be subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. GC-07. INSPECTION AND TESTING: 1. All materials and equipment use<;l in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards. 2. The Contractor shall provide, at his expense, the necessary testing and inspection services required by the Contract Documents, unless otherwise provided. 3. The Owner shall provide all other inspection and testing services required by the Contract Documents. 4. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness. 5. Neither observation by the Engineer or inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the work in accordance with the requirements ofthe Contracts Documents. 6. The Engineer and his representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or State Agency shall be permitted to inspect all work, equipment, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. GC-08. SUBSTITUTIONS: 1. When a material, article or piece of equipment is identified on the drawings or specifications by reference to brand name or catalogue number, the perfonnance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article or piece of equipment of equal GC-8 I I I I I I I I I I I I I I I I I I I substance and function for those name or catalogue number and if, in the opinion of the Engineer, such material, article or piece of equipment is of equal substance and function to that specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deducted from the contract price and the Contract Documents shall be appropriately modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function of the contract will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. GC-09. PATENTS: 1. The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and save the Owner hannless from loss on account thereof except that the Owner shall be responsible for any such loss when a particular process, design or the product of a manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Engineer. GC-IO. PERl\HTS AND REGULATIONS: 1. Permits and licenses of a temporary nature 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. If the Contractor observes that the Contract Documents are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in Section 13, Changes in the Work. GC-l1. PROTECTION OF \VORK., PROPERTY ANn PERSONS: 1. 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 material 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. 2. 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, iri whole or in part, by the Contractor and subcontractor or anyone whose acts any of them are liable, except damage or loss attributable to the fault of the Contract Document or to the acts or omissions of the Owner or the Engineer or anyone employed by either of them or anyone for GC-9 I I I I I I I I I I I I I I I I I I I whose acts either of them may be liable and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor. 3. 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. GC-12. SUPERVISION BY CONTRACTOR: 1. 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 be present on the site at all times as required to perform adequate supervision ,md coordination of the work. Supervisor or Superintendent will not be the operator of a route collection unit. Supervisor will have a cellular phone and mobile communication(s) at all times during collection operation hours. GC-13. CHANGES IN THE 'WORK: 1. The Owner may at any time as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents or in the time required for performance of the work, an equitable adjustment shall be authorized by. Change Order. 2. The Engin.eer, also, may at any time, by issuing a field order, make changes in the details of the work. The Contractor shall proceed with the perform,mce of any changes in the work so ordered by the Engineer unless the Contractor believes that such field order entitles him to a change in the contract price or time or both, in which event he shall give the Engineering written notice thereof within ten (10) days after the receipt of the ordered change pending the receipt of an executed change order or further instruction from the Owner. GC-14. CHANGES IN CONTRACT PRICE- 1. The contract price may be changed only by a Change Order. The value of any work covered by , a Change Order or of any claim for increase or decrease in the contract price shall be determined by one or more of the following methods in the order of precedence listed below: 1.1 Unit prices previously approved; 1.2 An agreed lwnp swn. . 1.3 The actual cost for labor, direct overhead, mateIials, and supplies, equipment and other services necessary to complete the work. In addition there shall be added an amount to be agreed upon, but not to exceed fifteen (15) percent of the actual cost of the work to cover the cost of general overhead and profit. GC-15. TIME FOR COMPLETION AND LIOillDATED DAMAGES: 1. The date of beginning and the time for completionofthe work are essential conditions of the GC-10 I I I I I I I I I I '1 I I I I I I I I Contract Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed. 2. Penalties for non-compliance with the contract terms and conditions up to the amount specified for liquidated damages may be applied for each failure to comply. Special attention is called to: SC 11 Which addresses submittal of a business plan SC 15 Which addresses follow-ups complaints SC 17 Which addresses mixing of non-contract waste SC 23 Which addresses failure to separate materials prior to disposal at the Augusta- Richmond County Landfill SC 25 Which addresses reporting requirements SC 26 2.C Which addresses return pick ups of yard waste 3 The Contractor will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. 4 If the Contractor shall fail to complete the work within the contract time, or extension of time granted by the Owner; then the C~:mtractor will pay to the Owner the amount for liquidated damages as specified in the bid for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Docwnents. This shall be applicable to each affected section awarded as part of this contract. . 5 The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following and the Contractor has promptly given written notice of such delay to the Owner or Engineer. 5.1 To any preference, priority or allocation order duly issued by the Owner. 5.2 To unforeseeable causes beyond the control and without the fault of negligence of the Contractor, including but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another Contractor in the perfoffilance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather; and 5.3 To any delays of subcoI?-tractors occasioned by (my of the causes specified in Paragraphs 5.1 and 5.2 of this Article. GC-16. SUSPENSION OF THE WORK., TERMINATION AND DELAY: 1. The Owner may, at any time and without cause, suspend the work or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the Contractor, by written notice to the Contractor. The Engineer shall fix the date on which work shall be reswned. The Contractor will resume that work on the date so fixed. The Contractor will be GC-ll I I I I I I I I I I I I I I I I I I I allowed an increase in the contract price, an extension of the contract time, or both, directly attributable to any suspension. 2. Ifthe Contractor is adjudged bankrupt or insolvent, or ifhe makes a general assignment for the benefit of his creditors or if a trustee or receiver is appointed for the Contractor or for any of his property or ifhe files a petition to take advantage of any debtor's act to reorganize under the bankruptcy or applicable laws or ifhe repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or ifhe repeatedly fails to supply sufficient skilled workmen or suitable equipment or ifhe disregards law, ordinances, rules, regulations or orders of any public body having jurisdiction of the work or ifhe disregards the authority of the Engineer, or if, in the opinion of the Engineer, the Contractor fails to make satisfactory progress in prosecuting the work, or ifhe otherwise violates any provision of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and his Surety a Minimum of ten (10) days from delivery of a written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, equipment and machinery thereon owned by the Contractor and finish the work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the direct and indirect costs of completing the project, i.ncluding compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated in a Change Order. . 3. Where the Contractor services have been so terminated by the Owner, said termination shall not affect any right of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor from compliance with the Contract Documents. 4. After ten (10) days from delivery of a written notice to the Contractor and the Engineer, the Owner, may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Contract. In such case, the Contractor shall be paid for all work executed and any expense sustained plus reasonable profit. 5. If, through no act or fault of the Contractor, the work is suspended for a period of more than ninety (90) days by the Owner or under an order of court or other public authority, or the Engineer fails to act on any request for payment within thirty (30) days after it is submitted, or the Owner fails to pay the Contractor substantially the sum approved by the Engineer within thirty (30) days of its approval and presentation, then the Contractor may after ten (10) days from delivery of a written notice to the'Owner and the Engineer, terminate the Contract and recover from the Owner payment for all work executed and all expenses sustained. In addition, and in lieu of terminating the Contract, ifthe Engineer has failed to act on.a request for payment or if the Owner has failed to make any payment as aforesaid, the Contractor may, upon ten( 1 0) days notice to the Owner and the Engineer, stop the work until he has been paid all amounts then due, in which event and upon resumption of the work, Change Orders shall be issued for adjusting the contract price or extending the contract time or both to compensate for the costs and delays attributable to the stoppage of the work. GC-12 I I I I I I I I I I I I I I I I .1 I I 6. If the performance of all or any portion of the work is suspended, delayed, or interrupted as a result of a failure of the Owner or the Engineer to act within the time specified in the Contract Documents, or if not time is specified, within reasonable time, an adjustment in the contract price or an extension of the contract time or both, shall be made by Change Order to compensate the Contractor for the costs and delays necessarily caused by the failure of the Owner or the Engineer. GC-17. PA~'IENTS TO THE CONTRACTOR: 1. The Contractor shall submit a monthly payment request to the City for services performed the previous month. The City shall pay the Contractor within thirty (30) days of receipt of a correct payment request by the Augusta-Richmond County Finance Department. Payment shall be based on the contract area. The City shall deduct any assessments due from the payment owed the Contractor. The price. paid shall be the sum of: the price proposal for curbside refuse collection in the contract area, plus the price proposal for yard waste collection in the contract area, plus the price proposal for recycling, plus the unit price proposal for bulky waste collection as authorized by the City, less any assessments, plus any approved special services performed during the payment period. Payment requests shall be accompanied by (1) data supporting the payment request, as necessary, in the City's opinion, to substantiate the Contractor's right to remittance of the amounts requested; (2) a signed certification from the Contractor that it has fully and properly performed all items of work covered by the payment request, that all insurance and bonds required hereunder are in full force and effect, that all subcontractors and suppliers have been paid from previous requests, and that it is not in default under any provision of this Contract. Should the City dispute any portion of the payment request, it shall, within thirty days, furnish a detailed itemized explanation of such objection, which cites its authority under the Contract to withhold such payments. All amounts not in dispute shall be paid within thirty (30) days following receipt by the City of such payment request, subject to withholding as otherwise provided herein. Original payment requests shall be sent to: Augusta-Richmond County - Finance Department Accounts Payable Section Room 108, Municipal Bldg. . 530 Greene Street Augusta, Georgia 30911 GC-13 I I I I I I I I I I I I I I I I I I I '~ A duplicate invoice shall be sent to: Office of the Director of Public Works And Engineering 1815 Marvin Griffin Road Augusta, GA 30911 GC-18. INSURANCE AND INDEMNITY: 1. To the extent permitted by law, the Contractor shall indemnify and save harmless Augusta- Richmond County Commission-Council, its officers, agents, employees and assigns from and against all loss, cost, damages, expense and liability caused by an accident or other occurrence resulting in bodily injury, including death, sickness and disease to any person; or damage or destruction to property, real or personal; arising directly or indirectly from operations, products or services rendered or purchased under this Contract; or violation of any interlocal agreement, state or federal rule, regulation or law, or any other provision oflaw regulating solid waste collection, hauling or disposal. The Contractor shall be held responsible for any damage to. customers' property, real or personal, which occurs by the Contractor or the Contractor's agent in the performance of this Contract. If the City, upon an independent investigation, finds that the Contractor has failed to completely reimburse the customer for the damaged property, the City may pay the customer any monetary amount it deems necessary to make the customer whole and deduct the same from the Contractor's monthly payment. 2. 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. 2.1 Claims under Workman's Compensation, disability benefit and other similar employee benefit acts, 2.2 Claims for damages because of bodily injury, occupational sickness or disease or . death of his employees, 2.3 Claims for damages because of bodily injury, sickness or disease or death of any person other than his employees, 2.4 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 2.5 Claims for damages because of injury to or destruction of tangible property, GC-14 I I I I I I I I I I I I I I I I I I I including loss of use resulting therefrom. 3. 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 coverages afforded under the policies will not be cancelled unless at least fifteen (15) days prior written notice has been given to the Owner. 4. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, liability insurance as hereinafter specified. 4.1 Contractor's General Public liability and Property Damage insurance including vehicle coverage issued to the Contractor and protecting him from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the Contract Documents, whether such operations be by himself or by any Subcontractor under him or anyone directly or indirectly employed by the Contractor or by a Subcontractor under him. Insurance shall be written with a limit of liability of not less than $200,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by anyone person in anyone accident; and a limit of liability of not less than $500,000 for any such damages sustained by two or more persons in anyone accident. Insurance shall be written with a limit of liability of not less than $100,000 for all property damage sustained by anyone person in any one accident; and a limit of liability of not less than $200,000 for any such damage sustained by two or more persons in anyone accident. - - 4.2 The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the Project to the full insurable value thereof for the benefit of the Owner, the Contractor and Subcontractor as their interest may appear. This provision shall in no way release the Contractor or Contractor's Surety from obligations under the Contract Documents to fully complete the Project. 6. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, in accordance with the provisions of the laws of the state in which the work is performed, Workman's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require such Subcontractor similarly to provide Workman's Compensation Insurance, including occupational disease provision for all of the latter's employees un1e~s such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this Contract at the site ofthe Project is not protected under - Workman's Compensation statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected GC-19. CONTRACT SECURITY: 1. The Contractor shall, within ten (10) days after the receipt of the Notice of Award, furnish the GC-1S I I I I I I I I I I I I I I I I I I I Owner with a Performance Bond arid a Payment Bond in penal sums equal to the amount of the contract price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact business in the state in which the work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these bonds shall be borne by the Contractor. If at any time a Surety on any such bond is declared a bankrupt or loses its right to do business in the state in which the work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the Owner to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new Surety or Sureties shall have furnished an acceptable bond to the Owner. GC-20. ASSIGNMENTS: 1. 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. GC-21. INDKMNIFICA TION: 1. The Contractor will indemnify and hold hannless the Owner and the Engineer and their 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. 2. In any and all claims against the Owner or the Engineer or any of their agents or employees, by an employee of the Contractor, Subcontractor, anyone directly or indirectly employed by any ofthem, 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. 3. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, design or specifications. GC-16 I I I I I I I I I I I I I I I I I I I GC-22 SUBCONTRACTING: 1. T he Contractor may utilize the services of specialty Subcontract()rs on those parts of the work which, under normal contracting practices, are performed by specialty Subcontractors. 2. The Contractor shall not award work to Subcontractor(s), in excess of fifty (50%) percent of the Contract Price, without prior written approval of the Owner. 3. The Contractor shall be fully responsible to the Owner .for the acts and omissions of his Subcontractors, and of persons either directly or indirect"ly employed by them, as he is for the acts and omissions of person directly employed by him. 4. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind the Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the work of Subcontractors and to give the Contractor the same pow'er as regards temlinating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. 6 Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. GC-23. ENGINEER'S AUTHORITY: 1. The Engineer shall act as the Owner's representative during the contract period. He shall decide questions which may arise as to quality and acceptability of materials furnished and work performed. He shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Engineer will make visits to the site and determine if the work is proceeding in accordance with the Contract Documents. 2. The Contractorwillbe held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship and execution ofthe Work. 3. The Engineer will not be responsible for the collection means, controls, techniques, sequences, procedures or safety. 4. The Engineer shall promptly make decisions relative to interpretation of the Contract Documents. GC-24. LAND AND RIGHTS-OF-WAY: 1. Prior to issuance of Notice to Proceed, the Owner shall obtain all land and rights-of-way necessary for carrying out 'and for the completion of the work to be performed pursuant to the Contract Documents, unless otherwise mutually agreed. GC-17 I I I I I I I I I I I I I I I I I I I 2. The Owner shall provide to the Contractor infonllation which delineates and describes the lands owned and rights-of-way acquired. 3. The Contractor shall provide at his own expense and without liability to the Owner any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. GC-25. TAXES: 1. The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place where the work is performed. GC-26. ORDER AND DISCIPLINE: 1. The Contractor shall at all times enforce strict discipline and good order among his employees and any employee of the Contractor who shall appear to be incompetent, disorderly or intemperate or in any other way disqualified for or unfaithful to the work entrusted to him, shall be discharged immediately on the request of the Engineer and he shall not again be employed on the work without with the Engineer's written consent. GC-27. SPECIAL RESTRICTIONS: 1. No work shall be allowed after the hours of darkness or on Saturday or Sunday without permission of the Owner GC-18 I I I I I I I I I I I I I I I I I I I SC-O 1. SC-02. SC-03. SC-04. SC-05. SC-06. SC-07. SC-08. SC-09. SC-lO. SC-l1. SC-12. SC-13. SC-14. SC-15. SC-16. SC-17. SC-18. SC-19. SC-20. SC-21. SC-22. SC-23. SC-24. SC.:25. SC-26. SC-27. SC-28 sc-o SECTION GC SPECIAL CONDITIONS INDEX TO ARTICLES OF SPECIAL CONDITIONS Section Page No. Scope of\,V ork Additional Service Description of Contract Area Generation of Materials Contract Period Notice to Proceed Contract Documents Provided Solid Waste Ordinances Contractor Responsibilities Human Resource Provision Schedule, Routes and Public Information Service Frequency Days of Collection Office Complaints Care and Diligence Collection Vehicles Time of Collection Disposal Hauling Responsibility for Materials Collected Work Designated Disposal Facilities Emergency Plan Reporting Requirements Collection Requirements Collection Impediments Customer Complaints and Non-Performance 1 1 1 1 1 2 2 2 2 3 4 5 5 6 6 6 7 8 8 8 8 9 9 10 10 12 15 16 I I I I I I I I I I I I I I I I I I I SPECIAL CONDITIONS sc-O 1. SCOPE OF WORK: The work under this Contract shall consist of the items contained in the Proposal, including all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with the Contract Documents. SC-02. ADDITIONALBER VICE: Pursuant to this Contract, no customer may be provided additional services by the Contractor which are outside the scope of this Contract. The Contractor shall not charge any customer for services provided by the City under the terms of this Contract. Likewise, the City shall not be responsible to the Contractor or the customer for any additional services provided at the request of the customer by the Contractor. SC-03. DESCRIPTION OF CONTRACT AREA: The Contract Area designated by the City is described in an attachment to this Contract. Contractor is responsible for collection within the contract area. Estimated units are for reference only and Contractor is responsible for verifying the exact number of units in each contract area. SC-04. GENERATION OF MATERIALS: Because future increases or decreases in population, number of units or generation of residential solid waste and other materials in the contract area cannot be guaranteed, it is expected that proposers will formulate their own projections of amounts of materials to be generated and collected for the purposes of their Proposals. SC-05. CONTRACT PERIOD: SC-l The initial term of this Contract is for two years and the City may, at its sole option, renew the Contract for two successive one-year terms (extensions) under the conditions set forth in this Contract. The City shall give the Contractor written notice of its intention to extend the Contract a minimum of ninety (90) da.ys before the expiration of the Contract. Any changes in the Centract terms shall be agreed to and accepted, in writing, by the City and the Contractor. I I I I I I I I I I I I I I I I I I I SC-06. NOTICE TO PROCEED: Since no interruption of the existing service is permissible, service transition (from private or other contractor provided to Contractor-provided service) must be coordinated and executed on the starting date set forth in the Notice to Proceed. The City intends to issue the Notice to Proceed within 10 days after award of the Contract. SC-07. CONTRACT DOCUMENTS PROVIDED: The Contractor will be provided with three (3) sets of Contract Documents. Additional sets may be obtained at the cost of printing. SC-08. SOLID WASTE ORDINANCES: Augusta-Richmond County Solid WasteOrdinarices, available upon request, are hereby incorporated into this Request for Proposals and the Contractor shall comply with the Ordinances in carrying out the Contractor's duties and obligations. SC-09. CONTRACTOR RESPONSillILITIES: SC-2 1. Compliance with Laws and Ordinances: The Contractor shall comply with all applicable local, state and federal ordinances, statutes, laws, rules and regulations governing the collection, transportation and disposal of solid waste, refuse yard waste, bulky waste and recyclables. No plea of misunderstanding will be considered on account of ignorance thereof. The Contractor shall be in compliance with all applicable Federal, State and/or Local laws regarding employment practices. Such laws will include, but shall not be limited to workers' compensation, the Fair Labor Standards Act (FSLA), the Americans With Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA regulations applicable to ,the work. If the proposers or Contractor discover any provisions in the specifications or Contract Documents which are contrary to or inconsistent with any law, ordinance or regulation, they shall immediately report it in writing to the City Engineer. 1.. Taxes: The Contractor shall pay all Federal, State and Local taxes and fees which may be chargeable against the performance of the work. No additional compensation will be made to the Contractor for taxes or fees except in the following situation: the Contractor may pass through to the City those new taxes and fees levied by the City specifically on garbage haulers after receipt of the bids. . I I I I I I I I I I I I I I I I I I I 3. The Contractor shall provide a "red tag" flyer as notification when residential waste is our of ordinance. This tag shall be placed on the waste. The "red tag" should also have the following: Contractor's Name Reason for non-service Date Telephone number of Contractor and County Inspectors SC-IO. HUMAN RESOURCE PROVISION: Personnel Administration: 1. Character and Conduct of Employees: a. The Contractor's employees who nonnally and regularly come into direct contact with the public shall bear a means of individual identification to include a unifonn with a name badge, name tag or identification card. Shirts and Jackets will be safety orange in color with dark blue pants as approved by the Engineer. b. The Contractor shall assure that employees serve the public in a courteous, helpful and impartial manner. All employees of the Contractor in both field and office shall refrain from belligerent behavior and/or profanity, to the extent that such behavior negatively impacts the provision of service to customers and others with whom the Contractor and its employees come into contact, during the perfonnance of the Contract. Correction of any such behavior and language shall be the responsibility of the Contractor. c. In the event a report is received alleging an employee(s) of the Contractor was wanton, discourteous, belligerent, profane or in any way intimidating, either physically or verbally, the Contractor shall submit a written report to the Engineer outlining the complete details of the incident. Said report shall include the nature of the incident, time, date and location and name, address and telephone number of the person alleging the violation. The report shall also include the name and title orthe employee and what disciplinary action, if any, was taken. If an employee of the Contractor is the subject of repeated or egregious allegations of the type described above, the City may request that the employee be barred from further work for the Contractor in connection with this Contract. Upon the City's request, the Contractor shall, immediately, comply with the City's request for' the duration of the Contract Time. d. Personnel shall make collection with as little noise and as little disturbance to the customer as possible. e. No employee shall disturb or otherwise interfere with property that is impertinent to the proper execution of his duties. SC-3 I I I I I I I I I I I I I I I I I I I f. Care shall be taken to prevent damage to property including shrubs, flowers and other plants. g. Additional Contractor Liability: The Contractor shall be held responsible for any damage to customers property, real or personal, which occurs by the Contractor or the Contractor's agent in the performance of this Contract. Ifthe City, upon on independent investigation, finds that the Contractor has failed to completely reimburse the customer for damaged property, the City may pay the customer any monetary amount it deems necessary to make the customer whole and deduct the same from the Contractor's monthly payment. 2. Nondiscrimination: a. The Contractor agrees that it has adopted and will maintain and enforce a policy of nondiscrimination on the basis of race, color, religion, sex, age, national origin or disability. b. The Contractor agrees that on written request, it will permit access during normal business hours to its records of employment, employment advertisements, application forms and other pertinent data and records to the City, for the purpose of investigation to ascertain compliance with the nondiscrimination provisions ofthis Contract. c. The Contractor agrees that it will inform the City in writing of any alleged violation(s) of employment practices, which its employees file with the Equal Employment Opportunity Commission, Labor Department or any other Federal or State compliance agency. Also the Contractor will inform the City of the final disposition of such cases. 3. Drug-Free Workplace: The Contractor will take the necessary steps to assure that he maintains a drug-free workplace. These steps shall include' but shall not necessarily be limited to the following: compliance with the Federal Drug-Free Workplace Act, Substance Abuse and Mental Health Services Administration (SAMHSA) standards and regulations, Federal Department of Transportation laws and State law regarding drug testing. SC-Il. SCHEDULES, ROUTES AND PUBLIC INFORMATION: SC-4 The Contractor shall submit a Business Plan (to include sub-contractors) within thirty (30) working days prior to implementation of service. Business Plan will include: (1) Detailed Route Maps - show t4e areas to be collected, the starting point for collection and the exact director of travel and order of travel of streets to be collected. The Engineer prior to the initiation of any service deliver shall approve these routes. (2) Route Summaries - detailed information on block numbers and mime of streets for each route. I I I I I I I I I I I I I I I I I I I (3) Sub-Contractor List - names of subcontractors, phone numbers and addresses (4) Telephone Communication - identify number of local phone lines coming into main office, and local telephone numbers to contact Contractor and/or sub~contractors. Should also include names and phone numbers of route supervisors. (5) Service Unit List - an alphabetized listing of all addresses in service area where containers have been/are to be delivered. (6) Handicapped List - a detailed list of handicap residents (7) Recycling Program- How recycling program will be implemented? Where will recyclables be delivered? (8) Quality Control Assurance - How do you plan to deliver quality customer service? How will customer complaints and concerns be handled? Turnaround time. . (9) Emergency Plan - a well thought out plan on how to respond to unforeseen occurrences. (10) Schedule Payment - refer to contract provisions for details (11) Vehicle List - detailed listing of vehicles, type, and model, assigned vehicle number, tag number, and landfill permit number. (12) Customer Notification/Information Plan - identify how information on the service will be disseminated to customers. Notification to customers will be issued by the contractor a minimum ten (10) working days prior to implementation of service. Notification shall include pickup schedule and general information on the contract. Notification to customers is the Contractor's sole responsibility. Any subsequent changes of routing schedule must be approved by the Engineer prior to implementation. AIl such changed routes must be documented in the same detail as the original maps supplied by the Contractor. SC-12. SERVICE FREQUENCY: The Contractor shall provide regularly scheduled service for all collections from the curb (or other Designated Collection Area) to.each unit within Contract Area. Frequency of collection will be determined by City as'per contract specifications. SC-13. DAYS OF COLLECTION: sc-s. Scheduled days of collection are limited to Monday thru Friday, except for special downtown business district, which incorporates Saturday pickup on refuse only. No regularly scheduled collection shall be allowed on Sunday without the prior approval of the Director of Public Works. I I I I I I I I I I I I I I I I I I I HOLIDAYS: Collection by the Contractor will be suspended on the observed day of City Holidays as shown below: New Year's Day Independence Day Thanksgiving Day Christmas Day The Contractor shall submit to the City within thilty (30) days prior to the starting date, a schedule of alternate days of collection for customers whose normal collection day falls on a holiday. The schedule will be approved by the City and the Contractor will notify customers along with regular schedule. SC-14. OFFICE: The Contractor shall maintain an office or such other facilities through which it can be contacted. It shall be equipped with sufficient local telephones and shall have a responsible person in charge from 8:00 am to 5:00 pm on regular collection days. The Contractor shall also provide a local telephone number where the Contractor may be contacted at all other times. SC-l5. COMPLAINTS: All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the Contractor shall investigate and if such allegations are verified, shall arrange for the collection of the refuse not collected within 24 hours after the complaint is received, unless otherwise instructed by the Engineer. SC-16. CARE AND DILIGENCE: The Contractor shall exercise all reasonable care and diligence in collecting solid waste, recyc1ables, yard waste and bulky waste. Every effort must be make to prevent spilling, scattering or dropping solid waste during the collection process. However, in the event that solid waste is spilled, scattered or dropped, the collector shall immediately clean up the material. Containers must be replaced in an upright position with lids closed. If the container falls over, the collector must immediately reset the container. The Contractor acknowledges that solid waste collection easements are frequently co- located with other utility easements, Therefore, particular attention must be given to the location of water meters, mailboxes, transformers, wires, utility poles and irrigation structures. Authorization to use the easement does not abrogate the Contractor's responsibility to exercise caution in relationship to the property of other authorized users or owners. SC-6 I I I I I I I I I I I I I I ;'1 I I I I The Contractor shall be solely responsible for all damages to containers and property resulting from the Contractor's actions or omissions. SC-17. COLLECTION VEHICLES: SC-7 The Contractor shall provide and maintain during the entire period of this Contract a fleet of solid waste collection vehicles sufficient in number and capacity to perform the work and render the service required by this contract. The vehicles must contain the solid waste, yard waste, bulky waste and recyc1ables so that no material is spilled, leaked 'or blown from the vehicle during its transit to the appropriate disposal site as specified by the City. The fleet must be sufficient to handle the special requirements of adverse weather and holiday overloads. The Contractor's vehicles and other equipment must be clearly identified as determined by the Engineer. This identification shall be affixed to each vehicle and piece of equipment. All vehicles and equipment used in the provision of collection and removal service shall be in good repair, clean, well.maintained and frele of excessive noise, odor or emissions. The Contractor shall maintain collection equipment in good repair at all times. All parts and systems of the collection equipment shall be operated and maintained properly. Contractor shall take reasonable care to prevent damage to rollout containers during collection. The Contractor shall provide an adequate number of vehicles for regular collection services with sufficient backup collection vehicles in case of mechanical breakdown, to complete contract requirements. All vehicles and other equipment shall be kept in good repair, appearance and in a sanitary condition at all times. Each vehicle shall have clearly visible on each side, the vehicle number along with the identity and telephone number of the Contractor. The Contractor shall supply the City with a list of all equipment, including equipment identification numbers, that shall be used in fulfilling this Contract and shall notify the City of additions or deletions as they occur. It is the City's intent to control the use of the Designated Disposal Facilities by ensuring that no materials from outside the Contract Area are delivered to those Facilities.. It is expn~ssly forbidden for the Contractor to deliver any materials, even partial loads, not collected in performance of this Contract, to Designated Disposal Facilities and present them as materials collected as part of this Contract. Verification of such may result in payment of damages to the City in the amount of $300 per violation, or the tipping fee plus 25%, which ever is greater. The City therefore reserves the right to require the affixation of specific identification on Contractor vehicles and other vehicles used to perform services in this Contract. In addition, the City reserves the right to monitor the performance of the Contractor's duties, including the routes and collections made, customer reports, trips to Designated Disposal Facilities and other destinations, the content of individual loads or portions of loads disposed of at Designated Disposal Facilities and the Contractor's records at any time, in order to ensure the Contractor's compliance with this Contract. Accordingly, each vehicle used by or on behalf of the Contractor in the Contract Area I I I I I I I I I I I I I I I I I I I shall collect materials only from Units in the Contract Area while in the performance of its duties under this Contract. SC-18. TIl\.1E OF COLLECTION: The Contractor shall not start materials collection prior to 7:00 a.m. nor continue collections after 7:00 p.m. In an emergency, the Contractor may request authorization from the City Engineer to work beyond 7:00 p.m. No collection may occur during the hours of darkness without written permission of the Owner/Engineer. Contractor must furnish collection service in the 500 thru 1200 block of Broad Street prior to 9 a.m. (0900 hours) each service day. SC-19. DISPOSAL: Prior to the commencement of services hereunder, the City shall provide and designate to the Contractor, a solid waste disposal facility or landfill for the disposal of the refuse collected and removed by the Contractor during the term of this Contract. The Contractor shall be required to dispose of all such refuse collected at the designated solid waste disposal facility or landfill site. The City reserves the right to change or alter the disposal facility or landfill from time to time. Should the City change any Designated Disposal Facility to one in an area of greater distance than that previously designated and provided such new Designated Disposal Facility results in documented increased costs to the Contractor, the Contractor may request additional compensation from the City for its increased costs. Additional costs will be listed in the bid schedule. No additional cost will be considered for change of disposal location other than those listed in the bid schedule. SC-20. HAULING: All refuse hauled by the Contractor shall be so contained, tied or enclosed that leaking, spilling or blowing are prevented. The Contractor shall be fully and solely responsible for any consequential cleanup. SC-21. RESPONSIBILITY FOR MATERIALS COLLECTED: SC-8 Upon placement of materials collected in perfomlance of this Contract into the Contractor's vehicle, transport ofthose materials to the Designated Disposal Facility become the sole and complete responsibility of the Contractor. The foregoing, hOyVever, shall not be construed to prejudice any rights the City may have t~ control the disposal of such refuse, including the designation of a disposal facility or the manner or types of refuse disposal. The foregoing, also, shall not be construed to prejudice any rights Contractor may have against any container customer who places in a container, refuse other than non-hazardous solid waste which is permitted to be collected in Contractor's vehicles and disposed of in a non-hazardous solid waste sanitary landfill. I I I I I I I I I I I I I I I I I I I ,,:-,' f :. SC-22. WORK: It is the Contractor's responsibility to supervise the work in progress and to provide direction to employees in the field.. The City does, however, intend to monitor the Contractor's performance, through data tracking and analysis and through on-site monitoring and inspection. If the monitor records deficiencies which must be corrected, the Contractor shall notify the City when these de:ticiencies have been corrected. The monitor will recheck the work to determine that it has been completed satisfactorily. SC-23: DESIGNATED DISPOSAL FACILITIES: SC-9 a. All refuse except recyc1ab1es collected as part of this Contract shall be delivered to: Augusta/Richmond County Landfill 4330 Deans Bridge Road Blythe, GA 30805 (706) 592-9634 CONTRACTOR WILL NOT BE RESPONSIBLE FOR DISPOSAL FEES. b. All yard waste collected as part of this Contract shall be delivered to: Augusta/Richmond County Landfill (Inert Cell) 4330 Deans Bridge Road Blythe, GA 30805. (706) 592-9634 CONTRACTOR WILL NOT BE RESPONSIBLE FOR DISPOSAL FEES. c. All bulky waste, except tires, collected as part of this Contract shall be delivered as follows: 1. Furniture and related items: Augusta/Richmond County Landfill 4330 Deans Bridge Road Blythe, GA 30805 CONTRACTOR WILL NOT BE RESPONSlBLE FOR DISPOSAL FEES. CONTRACTOR WILL SEPARATE MATERIALS AT PROPER DISPOSAL AREAS. 2. Stoves, refrigerators, water tanks, washing machines and related items commonly known as white goods: I I I I I I I I I I I I I I I I I I I CONTRACTOR WILL NOT BE RESPONSIBLE FOR DISPOSAL FEE AND/OR SALVAGE VALUE. NO ADDITIONAL COST WILL BE CHARGED TO CITY OTHER THAN THAT LISTED IN BID SCHEDULE. CONTRACTOR WILL SEGREGATE THIS MATERlAL AT THE LANDFILL AT PROPER SALVAGE AREAS AS DETERMINED BY THE ENGINEER. THE CONTRACTOR IS RESPONSIBLE FOR ENSURING FREON IS REMOVED FROM REFRIGERATED APPLIANCES BY A CERTIFIED TECHNICIAN. 3. Tires and related items: CONTRACTOR WILL BE RESPONSIBLE FOR DISPOSAL FEE AND/OR SALVAGE VALUE. NO ADDITIONAL COST WILL BE CHARGED TO CITY OTHER THAN THAT LISTED IN BID SCHEDULE. TIRES WILL BE REMOVED FROM RIMS PRIOR TO DISPOSAL AT NO COST TO THE CITY. The Contractor sha1lobservethe hours of operation of this facility. 4. Recyclables: CONTRACTOR WILL BE RESPONSIBLE FOR SALE/SALVAGE OR DISPOSAL OF RECYCLED ITEMS TO A QUALIFIED VENDOR AS APPROVED BY THE ENGINEER. NO ADDITONAL COST WILL BE CHARGED TO THE CITY OTHER THAN SAID PRICE LISTED IN THE CONTRACT. SC-24. EMERGENCY PLAN: No later than thirty (30) working days prior to initiation of service, the Contractor shall submit an emergency plan to the City Engineer which shall detail those actions which the Contractor will take to deal with emergency situations such as extreme cold temperatures, snow/ice, fire or natural disaster which would require a deviation from normal operating procedures. The Emergency Plan shall also include emergency phone numbers for the key headquarters and for key contact persons sueh that a responsible contact person is available to the City at all times. SC-25~ REPORTING REQUIREMENTS: The Contractor shall be responsible for maintaining and submitting reports on a weekly, monthly,.quarterlyand semi-annual basis. The Contractor shall maintain and provide to the City throughout the entire term of the agreement a report containing a complete file of service recipients coded by category. The Contractor may also provide all reports on computer disk in a compatible d~tabase format approved by the City. SC-10 I I I I I I I I I I I I I I I I I I I SC-ll . '\ , Weekly Reoorts Weekly reports shall be transmitted to the City no later than the Monday by 8 :30 a.m. morning following the reporting period. For the purposes bfthe weekly report, a weekly reporting period shall be defined as Monday, Tuesday, Wednesday, Thursday, Friday and Saturday. Each week's report shall consist of the following information: I) Cover Letter 2) Tonnage Report . 3) Calls and Complaints 4) Non-Compliance Waste Report 5) Daily Staffing Summary 6) Daily Route Sheet 7) AdditionslRevisions to Service Unit List Monthly Reports Monthly reports shall include all of the information described in this Section and shall be submitted with a cover letter that abstracts the report and highlights major accomplishments, problems, trends and other pertinent information during the preceding month, and shall add information on tonnage and number of units participating for recycling. Each monthly report shall consist of the followil1g information: 1) Cover Sheet 2) Phone Call Summary 3) Calls and Complaints 4) Tonnage Reports 5) Recycling Report 6) Non-Compliance Waste Report 7) Daily Staffing Summary 8) Route Summary Semi-Annual Reports The Contractor shall provide data on cu.stomer participation rates of refuse, yard waste, recyclables, and bulky waste services for the Contract Area. All reports shall be submitted on a semi-annual basis in accordance with the City's fiscal year (Jan. 1 to Dec. 31). For purposes of reports, the first reporting period shall be defined as January, February, March, April, May and June. The second reporting period shall be defined as . . July, August, September, October, November and December. The Contractor shall submit reports within thirty (30) calendar days after the end of each reporting period. Annual Reoorts No later than thirty (30) calendar days after the end of the second reporting period, the Contractor shall submit to the City an annual report covering the immediate preceding Contract year and include the following information: I I I I I I I I I I I I I I I I I I I .. ..,:-t . ~ ~.;: - A collated summary of the information contained in the weekly, monthly and quarterly reports, including reconciliation of any and/or adjustments from prior reports. - A discussion of highlights and other noteworthy experiences along with measures to resolve problems, increase efficiency and increase participation. - A description of all public information programs undertaken with audiences reached and methods of public information programs. The obligation to submit an annual report shall survive the termination or expiration of this agreement. The Contractor shall submit an annual report for the final Contract year of this agreement no later than thirty (30) calendar days after the end of each year of the agreement. The City may withhold payment of balances due the Contractor at the end of the Contract until such final report is received and accepted by the City. Format information for each report is located at the end of the Special Conditions Section. Original reports shall be submitted in approved format to: Office of the Director of Public Works and Engineering 701 Municipal Bldg. 530 Greene Street Augusta, GA 30911 One (1) copy of each report should also be submitted to: Code Enforcement 4330 Deans Bridge Road Blythe, GA 30805 SC-26.. COLLECTION REQUIREMENTS: SC-12 1. It is the purpose of the specifications to provide a framework for accomplishing the result in maintaining a sanitary environment for the residents of the City. This section addresses the collection of refuse from the Collection Area of the City as described in these specifications. The intent of the work is to collect all refuse placed out for collection within the Contract Area. a. Time of Collection: The Contractor shall collect all refuse placed on streets or easements in rollout containers provided by the Contractor. Con1ractor collection days will be determined from the bid schedule base bid or alternate bid. b. Containers: The Contractor will provide initial rollout containers, and recyclable bins, any replacement containers and bins, and additional containers and bins to customers to I I I I I I I I I I I I I I I I I I I SC-13 .~. ~~~. : ::~ ~ be se1!'ed. The number of containers and bins distributed shall be solely the decision of the Contractor; however, the Contractor is required to provide a minimum of one rollout container and recycling bin per unit. Minimum rollout size will be 90 - 95 gallons. A container with a minimum capacity of 60 gallons may be substituted to meet special needs. Specifications for rollout containers and recycling bins will be submitted for approval. Repairs to containers and bins shall be performed by the Contractor. This includes replacements of wheels, lids, hinges, axles and handles. c. Places of Collection: Normal Collections - Normal collection points for residential solid waste shall be curbside (adjacent to roadway) accessible to mechanized solid waste collection equipment. Customers shall be notified by the Contractor, using materials pre- approved by the City, that: (1) rollout containers should be placed within two feet of curb with handles facing away from the street. (2) The container should be at least three feet from trees, mailboxes, cars, other rollout containers, yard waste, recyclables and other obstructions. (3) The collection vehicle should have clear access to the container. (4) All refuse shall be placed within the rollout container. Normal collection points will also include Designated Collection Areas in Multi- Family Housing Units and Designated Non-Residential Units. Rollout containers shall be carefully handled by the personnel and shall be thoroughly emptied and left at the premise where they are found, standing upright and with covers placed back on the rollout container. This work shall be done in a sanitary manner and any waste spilled by the Collector shall be immediately picked up by the Collector. 2. Yard Waste Collection: The Contractor shall provide curbside collection of yard waste which is composed of grass clippings, leaves, tree and shrubbery trimmings including branches, tree limbs, bushes, shrubbery cuttings and clippings of trees, shrubs or bushes. a. Time of Collection: The Contractor shall collect all yard waste placed on streets or easements on days as determined from the bid schedule base bid or alternate bid. b. Place of Collection: Normal collection points for residential yard waste shall be at curbside (adjacent to roadway). c. Materials to be Collected: The Contractor shall collect all Christmas trees placed for collection. I I I I I I I I I I I I I I I I I I I SC-14 The Contractor shall collect all yard waste such as tree limbs not larger th~ four (4) inches in diameter nor longer than five (5) feet and stacked in piles not to exceed five (5) feet in height. Tree trunks larger than four (4) inches in diameter will not be collected. The maximum amount of yard waste in a pile shall not exceed five (5) feet in height by five (5) feet in width by ten (10) feet in length. The Contractor shall have the authority to decline to collect any tree or tree limbs where service has been performed for a fee by person(s) other than the property owner. The Contractor shall collect all yard waste placed in plastic bags. Such bags, if closed, shall be clear or transparent; customc.::rs may use opaque bags as long as they are left open. In no case may bags weight more than fifty (50) pounds. No more than thirty (30) bags will be collected each collection day at each dwelling unit. ill addition, the Contractor shall collect yard waste which is placed in twenty (20) or thirty-two (32) gallon refuse containers without affixing a lid. All leaves, straw, and grass clippings; yard waste, shall be bagged at curbside. Contractor shall properly dispose of plastic bags to avoid contamination of the yard waste stream. The Contractor shall take yard waste collected to the Designated Disposal Facility as specified. ill the event of yard waste set out at a unit in the Contract Area that does not meet the specifications above, the Contractor shall a clearly explanatory printed or hand written notice for the customer and notify thl~ City within two hours. Non- compliance tags will be red in color. Following notification by the'Contractor, the City will investigate the matter and advise the Contractor of its decision and of any action that is required by the Contractor. If the City finds that the material set out did meet the specifications, the Contractor will be notified by the City and must return and pickup the yard waste within twenty-four (24) working hours of notification. If the City finds that the material set out did not meet specifications, the Contractor will not be required to return to the unit until the next regularly scheduled pick-up. If, at the next regularly scheduled pick-up, the material set out meets specifications, the Contractor shall pick up the material. 3. Bulky Waste,Collection: . Bulk waste (furniture, appliances, etc.) shall not exceed 200 lbs per pick up per household. Refrigerator doors shall be removed by customers prior to pick up. Contractors are responsible for insuring all freoriis removed from refrigerated appliances by a certified technician. I I I I I I I I I I I I I I I I I I I Contractor will be responsible for picking up evictions in the "contract areas." The Marshal's Department will specify evictions with a yellow type tape with date of eviction. The evictee will have 72 hours to remove bulk waste. If waste is still on right-of-way at time of next bulky waste pick up, Contractor is to haul it away. The Contractor shall provide curbside collection of furniture, appliances, tires, and other items as identified in Contract Documents. a. Time and Place of Collection: The Contractor shall provide collection of bulky items one (1) day per week for all routes. The City shall be given a date on which collection will occur. Collection point will be at curbside. b. Disposal: Bulky waste shall be delivered to Designated Disposal Facilities as specified in this document. SC-27. COLLECTION Il\1PEDIMENTS: Be-IS A number of collection impediments may require special efforts to accomplish this level of service. 1. On Street Parking: Certain neighborhood streets permit "on street parking" which may present impediments to curbside collection services, especially automated services. , The Contractor shall perform collection services even if the curb is blocked. No additional fees shall be payable to the Contractor for services provided under these conditions. 2. Infrastructure Renovation/Streets Blocked by Construction: Periodically major renovation is necessary to maintain the infrastructure of the City. This includes such activities as replacing gas, water and sewer lines, surfacing or resurfacing streets and replacing wiring for telephone, electricity or cable television. Alternate collection se~ice must be provided during this period of disruption. The Contractor should evaluate each circumstance individually to determine the appropriate alternative. The City sha:tl be notified in writing of the nature of the disruption, its location and the alternative employed to provide service. No additional fees shall be payable to the Contractor for services provided under these conditions. I I I I I I I I I I I I I I I I I I I SC-28. CUSTOMER COMPLAINTS AND NON-PERFORMANCE: SC-16 1. Complaint Receipt and Handling: All customer complaints shall be directed to the Contractor for handling. The Contractor shall notify City in writing of each complaint reported to the City in the Contract Area. It shall be the duty of the Contractor to take whatever steps may be necessary to remedy the cause of the complaint and notify the City of its disposition within one working day (eight work hours) after receipt of the complaint by the Contractor. 2. Damage Claims Resolution: The Contractor shall provide the City with a full written explanation of the disposition of any complaint involving a customer's claim of damage to private property as a result of actions of the Contractor's employees, agents or subcontractors. 3. Public fuformation Regarding Complaint Procedures: The Contractor shall notify all customers about complaint procedures, rules and regulations on a semi-annual basis and whenever there is a change of service, day(s) of collection, procedures, etc. Notice is to be in the form of printed matter distributed by the Contractor to all units served by the Contractor. All notices must be pre- approved by the City prior to use. 4. Failure to Remedy Complaints: Failure to remedy the cause of the complaint as provided for in the paragraphs above shall be considered a breach of contract. The City will have the right to send a monitor out to check on the resolution of any complaints. If a monitor records. . deficiencies, they will notify the Contractor of such deficiencies. The Contractor shall notify the City when these deficiencies have been corrected. The monitor will recheck . the work to determine that it has been completed satisfactorily. If the monitor finds that the deficiencies previously noted were not corrected, a charge of current monitor time at actual cost for the monitor's time and associated other costs will be deducted from the payment to the Contractor for each inspection until all noted deficiencies have been corrected. The foregoing does not preclude any other remedies associated with failure to collect or other contractual requirement. *z . tr:l r/J ~ "1J ...,. t ~ g: --lo. (j) 'D;1 . :::t '~ :,~ ::'c.~ '::J: . ..;::;.: : ;'C/)' . CJ'1 ' . CJ'1 8 - I I I I *z tn ~ ~I W g ~ -....J m ~ ~ ~ C ::J ;::::;.: (fJ -..J 0'1 o II II II II I I I I I I I I I I I I I I I -, c, *z trj \./.). ""U t ~ 0" :J ~ 00 .' ..,. ~ ,.