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Home My WebLink AboutCollection of Solid, yard,and bulky Waste Augusta Richmond GA DOCUMENT NAME: t.tll I C:C-\\CX\ ot SOl \ c\ I Lj::n'" C\ I J,. 'aU \ ~ tJ....X1..8t-e DOCUMENT TYPE: tD\\TI-OC-\- YEAR: C1l9 BOX NUMBER: (0) FILE NUMBER: \ ~O C) <1 NUMBER OF PAGES: ~\ J 1 I I I I SECTION IV .1 I I I I d.dv# / ,9Q/J./l ; , ~ c~d (!,~o-.?-~ I CONTRACT DOCUMENTS AND SPECIFICATIONS FOR COLLECTION OF SOLID WASTE, YARD WASTE, AND BULKY WASTE AND SECTION VI REFERENCE NO.: 96-017(C) - -1 I I I I PREPARED BY ENGINEERING DEPARTMENT FOR AUGUSTA-RICHMOND COUNTY COMMIS SION - CO UNCIL v... ,. - ROOM 701, MUNICIPAL BUILDING 530 GREENE STREET, AUGUSTA GA. 30911 OCTOBER, 1996 I I I I I I I I I I I I I I I I I I I PUBLIC WORKS AND ENGINEERING ROOM 701 530 GREENE S1REET AUGUSTA, GEORGIA 30911 (706) 821-1706 FAX (706) 821-1838 CHARLES DILLARD Commissioner of Public Works and Director of Engineering March 3, 1997 Mr. Kester Uzochukwu CSRA Waste Disposal POBox 211215 Augusta, GA 30917 RE: Collection of Solid Waste, Yard Waste and Bulky Waste Privatization Project Reference: 96-017(C) Dear Mr. Uzochukwu: Enclosed herewith are two (2) copies of the executed contract the contact documents and specifications for Collection of Solid Waste, Yard Waste and Bulky Waste Section IV and Section VI as prepared by the Engineering Department. Please forward one (1) to your surety. Cliffor . Goins Assista t Commissioner of Public Works and Director of Engineering CAG/psm Enclosure cc: Ms. Lena Bonner, Clerk of Commission-Council, w/copy of Contract Document Mr. Stewart Walker, License & Inspection Department Mr. A. B. McKie, Comptroller Mr. Jim Wall, Attorney, w/copy of Contract Document Ms. Sandy wright, Risk Management, w/copy of Contract Document Mr. David Smith, Landfill, w/copy Contract Document I Af~t'I~I.o- PRODUCER COMPANY D ICOVERAGES- - ------ -- - -- --------. - - -- - 'HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE ?OL.lCY PERIOD iNDICATED, NOTWITHSTANDING ANY REOUIAEMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEC"" TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE DOLlCIES DESCRIBED hEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE 8EEN REDUCED BY PAID CLAIMS. I IINSURED - I Ico LTR IA I IB I 1 1.-- 1- I- Padgett Insurance & Realty 2 ]07 Harding Road Augusta, Ga. 30906 DATE (MMIDDIYY) 2/11/97 TH!S-CERTIF!C.ATE IS 'ISSUED .&\SA MATTE-R-OF INFORMATION ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR __.AL TER T!I~_ COV~RAGE AFF?RDED _~y THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE CERTIFICATE OF INSURANCE COMPANY A Associated International Ins. Co. Kester Uzochukwu OM. CSRA Waste Disposal P.O. Box 2] 1215 Augusta, Ga. 309 ] 7 COMPANY B Southern General Ins. Co. COMPANY C TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DDIYY) DATE (MMlDDIYY) LIMITS GENERAL LIABILITY X COMME8CIAL GENERAL LIABILITY Cl.A!MS MADE X OCCUR OWNER'S & CONT PROT GENERAL AGGREGATE PRODUCTS-COMP OP AGG SI,(XX),CCC. s CCP031876 3/1/96 3/]/98 PERSONAL & ADV INJURY $ EACH OCCURRENCE S I ,(XX), CXXl. FIRE DAMAGE (AllY one fire) MED EXP (Anyone person) $ AUTOMOBILE LIABILITY ANY A~TO ALL OWNED AUTOS X 3CH'::DULEJ AUTOS HIRED AUTOS NON.OWNED AUTOS COMBINED SINGLE LIMIT $ 80DIL Y INJURY (Per person) S 15,CXXl 1/5/97 1/5/98 CA064291 BODILY INJURY (por accident) $ 3O,CXXl PROPERTY DAMAGE $ IO,CXXl GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE $ .----------- ----..-- EACH OCCURRENCE $ EXCESS L1ABIUTY UMBRELLA FORM OTHER THAN UMBRELLA FORM AGGREGATE $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY STATUTORY LIMITS E.~CH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE S 3 THE PROPRIETOR! PARTNE'ASIEXECUTIVE OFFICERS ARE: ---6fHER INCL EXCL IDEscRWfitiN OF. OPERA TIONSILOCATl6NSi"VEHICLESISPECIAL ITEMS I I :CERTIFICATE HOLDER I i , I I IACORD 25-S (3/93) Garbage Rerooval Augusta Richm:Jnd County Augusta, Ga. 3090 I CANCELLATION I I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT .FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE \~ @)AbRn-coRPORATION 1993 I I I I I I I I I I I I I I I I I I I INDEX TO SPECIFICATIONS Title Section No. ADV IFB P BB NA A PB COA NP GC SC Advertisement for Bids Information for Bidders Proposal Bid Bond Notice of Award Agreement Performance Bond and Labor and Material Payment Bond Certification of Owner's Attorney Notice to Proceed General Conditions Special Conditions APPENDIX A Sketches of Bid Sections Appendix B Dumpster Container Locations Appendix C Surplus Equipment Inventory Appendix D Intergovernmental MRF Agreement Appendix E Existing Sanitation Department Employees To Be Placed Page No. 1 - 2 1 - 3 1 - 11 1 - 2 1 1 - 2 1 - 5 1 1 1 - 23 1 - 18 1 - 5 1 1 1 - 6 1 I I I I I I I I I I I I I I I I I I I BIDS WANTED SEALED BIDS for furnishing all materials, tools, machinery, ete. necessary for: BID ITEM #96-140 - The Collection of Residential/Commercial Solid Waste, Recyclable Materials, Yard Waste and Bulky Waste by Augusta-Richmond County Govemment at the Purchasing Dept, Room 605 Municipal Bldg/530 Greene Street, Augusta, GA. 30911 until 11 :00 a.m., Tuesday, November 12, 1996, at which time all bids will be publicly opened and read in the presence of those interested. All work shall be in accordance with the contract documents of the City Engineer and Commissioner of Public Works. Copies of the Contract Documents may be examined during regular business hours at the Engineering Office, 7th Floor Municipal Bldg, Augusta, GA and at the following locations: F.W. Dodge Division Plan Room, Augusta, GA.; C.S.R.A. Business League, Augusta, Ga. Copies may be obtained for bidding purposes at the Engineering Office upon payment of $25.00 (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 Item #96-140 - Collection of Residential/Commercial Solid Waste Bid Bids shall be completed and submitted as described in the Infonnation for Bidders section of the contract documents. A Bid Guarantee, Perfonnance Bond and a Labor & Material Payment Bond will be required. k No bid may be withdrawn for a period of sixty (60) days after the date and time set for the receipt of bids. NOTE: ALL BIDDERS WILL BE REQUIRED TO ATTEND A PRE-BID CONFERENCE TO BE HELD AT THE ENGINEERING OFFICE AT 2:00 P.M., WEDNESDAY, NOVEMBER 6, 1996. The Owner reserves' the right, to waive any infonnalities in bidding and to reject any or all bids. Publish: October 22, 25, 30, 1996 Ann B. Barker, Purchasing Director Augusta-Richmond County Government 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., Tuesday, November 12, 1996 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 COLLEC1'ION OF SOLID WASTE, YARD WASTE 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 wi thin 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 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 wi thin 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 wi thin the ten day period or wi thin 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. 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 of the IFB-2 I I I I I I I I I I I I I I I I I I I 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 City Engineer 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 City Engineer. 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 contract ural 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 PROPOSAL FOR COLLECTION OF SOLID WASTE, YARD WASTE & BULKY WASTE Project Reference 96-017(C) 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 and 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 and to do all work and furnish all materials called for in accordance with the requirements of the City Engineer and the true intent of the Contract Documents and that 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.) P-I I I I I I I I I I I I I I I I I I I I SCHEDULE OF PRICES SECTION rv + 1, 643 ani ts BASE BID 1. Refuse Collection at Curbside Two (2) Days Per Week Pick-Up: 1997 $2.10,b~O'::1.D 1999 ~ ~\O, ~3o,:2.0 1998 ;$ :2\0 I b30' :Lo <:t :2.\0, 6so' 2,,0 2000 Add/Deduct for Change of Disposal Location from North Augusta MRF to Augusta/Richmond County Landfill: 1998 $\.DO 1999 $l.oC) 2000 ~ \. 0'0 Alternate 1. Refuse Collection at Curbside One ( 1) Day Per Week Pick-Up: 1997 $\6C6,So,+'\1o 1998 $ \ b 8J ~O4- · (b 1999 $ \ 6~, 5"OLt, l6 2000 ~ \ ~ 8'J ~O Lf I I b Add/Deduct for Change of Disposal Location from North Augusta MRF to Augusta/Richmond County Landfill: 1998 $1' c'U S \.00 1999 $\' ~Q 2000 Base Bid 2. Yard Waste Collection at Curbside One (1) Day Per Week Pick Up: 1997 $\\,ogs.g-o $ \ \, e ~~ · ~ 0 1998 '$ \1J o~5". g"Q ~\\, OR~'~\) 1999 2000 Alternate 2 . Yard Waste Collection at Curbside One Day Per Week Pick Up:. March, April, May, June, October, November. p- (2. , , , , , , , , , , , , , , , , , ~ SECTION IV... CONTINUED One day per two weeks pick up: January, February, July, Augus t, September, D,=cember. 1997 1999 $ <6 I ~ C:,g-. C:. lot ~ ~, ~6~ . 61+ <i <?/ ~6~. btf $~, Sb8. btf 1998 2000 3. Deduct for award of both refuse collection and yard waste collection. 1997 1999 1997 1999 1997 1999 1997 1999 Base bid refuse and Base bid yard waste $ t (J 0 0 I 0 \:) 1998 ~ \ () C 'C · 0 u ~ \ 0 C Q . ~ ~ 2000 ~ ~ 0 t;) 0, 1;:)v Base bid Refuse and Alternate bid yard waste $'BoO' SO ~~oo.oo $8~Or ~ C 5.\ ~ l:) O. ~C 1998 2000 Alternate bid Refuse and Base bid yard waste $\~CO. 00 1998 $\000.00 S \ ~g u. 00 2000 <!t \ 00 O. t)O Alternate bid Refuse and Alternate bid yard waste <;\ ~QO, e-o 1998 S goo .ot> $ ~ o't) . O'Ea.. <S ~OO .-00 2000 P_I (3 , , , , , , , , , , , , , , , , , , , SECTION IV - CONT INUED 4 . Bid on surplus equipment: Type Vehicle # Description Price R~~c~ 3 ? :J- '3 :2- \~~Y. ~ R./c 3 5b,~D.O'O , Base Bid 5. Bulky Waste Collection per Written Work Order by Augusta/ Richmond County: a. Per Each "White Good II : 1997 $'30 1998 $30.~ 1999 .1\.. ~ D 2000 !;t 5> Q. \)-0 b. Per Each Tire: 1997 $7.~ 1998 1t 7 . frO 1999 $1.6"'0 2000 1t7'~ c. Per Two Cubic Yard Volume: 1997 4? '1 \:) . or-O 1998 ~bOfa-o 1999 :1t10.e-o 2000 $30.eQ P-14 . . . . . . . . . . , , , , , , , , , SECTION VI 1. Refuse Collection for 124 Dumpster Containers at various locations. 124 @ $<60 ~. LfLf $qq~q~ct.eo Add/deduct for for change of disposal MRF to Augusta/Richmond County. $\ .~~ 1999 P-19 per each per year. TOTAL location from North Augusta 1998 .$\.00 2000 ~ \. Du II II II II II II II II II II II II II II II II II II 11 The Contract covering all work described above will be completed within the days specified in the "Notice to Proceed" of the City Engineer: subject to reductions, additions and deletions provided herein on the basis of measured quantities of completed work and the prices bid. It is understood that the Owner reserves the right to reject any or all proposals or to accept any proposal as deemed to be 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 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 1997 base bid sum. Enclosed herewith is a Bid Bond or a Certified Check in the amount of $\j(r~ 1ho~ ~J ~ El~~ <;,')( O~. Dollars ($ \~, O~b' 00 ) being not ess than 5 (5%) percent of the 1997 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. The successful bidder shall have a current Business License. The Owner is an Equal Opportunity Employer. Date: \ \ - \\1- - 4 b C 5 R Ibt \J'J Q st~ b \ Sf ~ s ~) Name of Bidder ~(~) Signature & Title of Authorized Represent~tixe ~ \ '3>0% N~IN S ct"~V\Y\..A..'" K~~/ p.o. ~ 0 X. :l. 11 :J. l $', Business Address ~~\.l>T~ I GE~4\~ City and State P - 20 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 , 1996. 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 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 BB- 1 - . - . I I I I I I I I I I I I I I I I I I I perform the agreement created by the acceptance of said Bid, then this obliga.tion 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 within which the Owner may accep1: 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- 2 . . . . . II II II II II II II II II . . . , , SECTION NA NOTICE OF AWARD TO: PROJECT DESCRIPTION: The Owner has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated , and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of $ 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 day of , 1996. BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged on this day of , 1996. BY: TITLE: NA-l . . . . . . . . . . . . . II -- =- --- --- 1 -- - I . . . . . . . . . . . . . .. - -- through February 2, 1998, for the following sums: Section IV: $220,715.00 Section VI: $99,999.00 The Contractor agrees to perform all the work described in the Contract Documents for the period February 3, 1998 through February 2, 1999, for the following sums: Section IV: $220,715.00 Section VI: $99,999.00 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 February 3, 1999 through February 2, 2000, for the following sums: Section IV: $220,715.00 Section VI: $99,999.00 In the eve~t 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 February 3, 2000 through February 2, 2001, for the following sums: Section IV: $220,715.00 Section VI: $99,999.00 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 $160,357.00, which amount is equal to 50% of Contractor's total . -- -- 2 --- I I 1997 base bid sum. 6. The term "Contract Documents" means and includes the I I I following: I I I I Advertisement for Bids Information for Bidders Proposal Bid Bond Notice of Award Agreement Performance/pal~ent Bond Certificate of Owner's Attorney Notice to Proceed Change Order General Conditions Supplemental General conditions Special Conditions Technical Specifications Drawings Addenda: No.1, dated November 8, 1996 7. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions such I amounts as required by the Contract Documents. I 8. The parties acknowledge that, in connection wi th the project referenced herein, Contractor was awarded the right to I I I I I I purchase certain surplus equipment from Owner as set forth on Exhibit "A" attached hereto and incorporated herein by reference, and Contractor hereby agrees to purchase said equipment for the amounts set forth in Exhibit "A" and pursuant to terms set by Owner. 9. Contractor agrees that it shall employ all of Owner's current employees for Sections IV and VI (as said Sections are described in the Contract Documents), to-wit: 3 I I I I I I I I I I I I I I I I I I I I I Section IV: T. Allen, Truck Driver E. Alley, Collector T. Dougherty, Collector W. Johnson, Truck Driver Section VI: J. Boatwright, Heavy Equipment Operator and that said employment shall be in accordance with the General Conditions of the Contract Documents. 10. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 11. 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) copies, each of which shall be deemed an original on the date first above written. COUNTY COMMISSION (SEAL) TITLE: ATTA ~ J . BY: tf2 CLERK . CONTRACTOR: CSRA WASTE DISPOSAL ~v~ (SEAL) CSRA Waste Disposal 1308 New Savannah Road P.O. Box 211215 Augusta, GA 30917 BY: NAME: ~l~ \J:z.ocH-\A ~WU (Type or Print) ATTEST: TITLE: OvJN~rZ BY: AS ITS 4 I I EXHIBIT "A" Type Vehicle Description Serial No. Price Number Front End 33230 1993 Int'l Front End 1HTGHN6TXPH536197 $60,000 Loader Loader 33232 1994 Ford Refuse Getter 1FDZW82E7SVA39618 $56,000 I I I I I I I I I I I I I I I 5 I I ~ I" I -I I I I I I I I I I I I I. I I I I BOND NO. P 2686086 Premium Dace'! on lliIAL ~. Contract Price SECTION PB PERFORMANCE BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE PB-3, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.) KNOW ALL MEN BY THESE PRESENTS: That CSRA Waste Disposal , as Principal, hereinafter called Contractor, and Reliance National Indemnity Company , a corporation organized and existing under the laws of the State of Wisconsin , with its principal office in the City of Madison , State of Wisconsin , as Surety, hereinafter called Surety, are held and firmly bound unto Augusta- Richmond County Commission-Council, Georgia, as Obligee, hereinafter called the Owner, in the penal amount of One Hundred Sixty Thousand Five Hundred and no/100---------------------- Dollars ($ $160,500.00***) 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 AND BULKY WASTE AT AUGUSTA, GEORGIA, in accordance with the 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 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. 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 PB-l ~I' -I - ,I - I - I I I I I I I I I I I I I I I (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 10th day of February , 19 97 ATTEST: CSRA Waste Disposal Principal ~~ (Principal) Secretary By ( s ) ILJ) (S~#~ ( itness as to Principal) BLANCHARD & CALHOUN (Address) i4:> UAVIS RD. 3M57 P.O. BOX 212359 AUGUSTA, GA 30917-2359 \ -;'0 ~ N C:. W S PorI ~ ~k+I Address ~4\..\.$1 ~ J C, A ::'0 l:Jo) Reliance National Indemnity Company Surety ATTEST: PB-2 I' I I I I I I I I I I I I I I I I I I BY~~ tt n in-fact Mary Kay Harman 620 Hillcrest Rd, Suite 400 Address 12~~w/ ~ (Surety) Secretary Lilburn GA 30247 (Seal) ~rth~OQ ~ Wft: as to Surety 620 Hillcrest Rd, Suite 400 Address Lilburn GA 30247 Note: Date of Bond must be prior to date of Contract. If Contractor Is Partnership, all partners should execute Bond. PB-3 I' -I 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 I BOND NO. P 2686086 Prsmium Based ,on llNAL Contract Price SECTION ~I LABOR AND MATERIAL PAYMENT BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE PB-I, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.) KNOW ALL MEN BY ,]~HESE PRESENTS: That CSRA Waste Disposal , as Principal, hereinafter call ed Contractor, and Reliance National Indemnity Compnay , a corporation organized and existing under the laws of the State of Wisconsin , with its principal office in the City of Madison ,_State of Wisconsin , as Surety, hereinafter called Surety, are held and firmly bound unt() Augusta-Richmond County Commission- Council Georgia, as Obligee, hereinafter called the OWner, for the use and benefit of claimants as hereinbelow defined in the amount of One Hundred Sixty Thousand Five Hundred and no/lOO-------------------- ----------------------------------------- Dollars ($ 160,500.00**********~ 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, YARD WASTE AND BULKY WASTE in accordance with drawings and specifications issued by AUQUsta-Richmond County Englneerinq 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 I I I I I (2) The above named Contractor and Surety hereby jointly and severally agree with t:he 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. (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. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good fai th 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. PB-S I' I I I I I I I I I I I I I I I I I I Signed and sealed this A.D. ~. 1997. day of February 10th witness Attest Witness Attest Note: CSRA Waste Disposal (Seal) (Contractor) By ~~ Bv: (Seal) K.as.'i~ U2.Clc. H-u.\<.W U (Title) Reliance National Indemnity Company (Seal) (Surety) ~( See.l) / (Title) Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. PB-6 I ,.(1 ;e~~CE SURETY COMPANY ~" RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY I RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA 00116 VAUD ONLY IF NUMBER IS IN RED I POW~R OF ATTORNEY I KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY Is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY Is a corporation duly organized under the laws of the State of WISCOnsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Mary Kay Harman of Ulbum, Georgia their true and lawful Attomey(s)-ln-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed: I Contract Bonds. Maximum Penalty All other Bonds - Maximum Penalty $500,000 $10,000 I "ANY BOND OR INDEMNITY PROVIDED THAT WRITTEN AUTHORITY FROM AN OFFICER OF THE COMPANIES SPECIFICALLY AUTHORIZING ITS EXECUTION ACCOMPANIES THIS POWER OF ATTORNEY." I and to bind the Companies thereby as full and to the same extent as If such bonds and undertakings and other writings obligatory In the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-ln-Fact may do In pursuance hereof. I this Power of Attomey Is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now In fun force and effect, reading as follows: - - - ARTICLE VlI- EXECUTION OF BONDS AND UNDERTAKING 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s)-ln-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory In the nature thereof, and (b) to remove any such Attomey(s)-in-Fact at any time and revoke the power and authority given to them. 2. Attomey(s)-ln-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney Issued to them, to execute deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory In the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory In the nature thereof. 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By.Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolutions adopted by the Executive and Finance Committees of the Boards of Directors of United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consents dated as of February 28, 1994, by the Executive and Finance Committee of Reliance Insurance Company at a meeting held on March 10, 1994 and by the executive and Finance Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994. "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile ___. -L._______-.Il.l-L _ . .........1-..______ _ ... ~ _~ ____~. ~ ~_~. ..____-------"'-=-_ -'--~.~__._---'"--______________ -.....-------~--------- -_.~-- -._. - --- . . I I I I I I I SECTION PB PERFORMANCE 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.) 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, in the penal amount of Dollars ($ -><:: I I I I I ) 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 AND BULKY WASTE AT AUGUSTA, GEORGIA, in accordance with the 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 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. 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 PB-l I I I I I I I I I I I I I I I I I I I ':>. RELIANCE NATIONAL INDEMNITY COMPANY Three Parkway, Philadelphia, Pennsylvania 19102 RIDER This rider is to be attached to and form a part of Performance and Payment Bond, Bond Number P2686086 between CSRA Waste Disposal, as Principal, and Augusta-Richmond County, as Obligee, and is amended as follows: The Bond Amount on the Performance and Payment Bond is decreased from: One Hundred Sixty Thousand Five Hundred and no/100 ($160,500) Dollars to: Eighty Thousand One Hundred Seventy-Eight and 50/100 ($80,178.50) Dollars The expiration date for this bond shall be 2/10/99; at which time the Surety reserves the option to renew. This rider shall be effective as of the 18th day of March, 19 98 . All other provision, specifications and conditions remain the same. Dated this 20th day of May. 1998. Reliance National Indemnity Company By w Date ThIs docvlntnllpjlfOYed U to I~ 5IllIltiency and '], ~ &;27- B - I ~... RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY 00638 I VALID ONLY IF NUMBER IS IN RED ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA I POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of I Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Mary Kay Harman of Lilburn, Georgia their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed: I Contract Bonds - Maximum Penalty All Other Bonds - Maximum Penalty $500,000 $10,000 I "ANY BOND OR INDEMNITY PROVIDED THAT WRITTEN AUTHORITY FROM AN OFFICER OF THE COMPANIES SPECIFICALLY AUTHORIZING ITS EXECUTION ACCOMPANIES THIS POWER OF ATTORNEY" and to bind the Companies thereby as full and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said I Attorney(s}-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full I force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING I 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s}-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizes, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney(s}-in-Fact at any time and revoke the power and authority given to them. I 2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of the bonds and undertakings, recognizes, contracts of indemnity and other writings obligatory in the nature thereof. I 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. I This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolutions adopted by the Executive and Finance Committees of the Boards of Directors of United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consents dated as of February 28, 1994, by the Executive and Finance Committee of Reliance Insurance Company at a meeting held on March 10, 1994 and by the Executive and Finance Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994. I I "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached." I I I I I , , , , , , , , I I I I , , , I , , , (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 , 19 ATTEST: Principal (Principal) Secretary By ( s ) (SEAL) Address (Witness as to Principal) (Address) Surety ATTEST: PB-2 II II II II II II II II II II II II II II II II II II II 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 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.) 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 their heirs, executors, administrators, successors, jointly and severally, firmly by these presents. ) themselves, and assigns, WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for the COLLECTION OF SOLID WASTE, YARD WASTE AND BULKY WASTE in accordance with drawings and specifications issued by Auqusta-Richmond County Enqineerinq 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 II II II II II II II III III , III III , , - , , , , (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. (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. (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. PB-5 I I I I I I I I I I I I I I I I I I I Signed and sealed this A.D. 1996. day of Witness Attest Witness Attest Note: (Seal) (Contractor) By (Seal) (Title) (Seal) (Surety) By (Seal) (Title) Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. PB-6 . . . . . . . . . . . . II . . . . -- - .. -- - . 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 representati ves; 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: COA-l I I I I I I I I I I I I I I I I I I I SECTION NP NOTICE TO PROCEED TO: DATE: PROJECT: You are hereby notified to commence work in accordance with the Agreement dated , 1996, within Ten (lQ) 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 19 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 , 1996. BY: TITLE: ~-1 I I I I I I I I I I I I I I I I I I Page No. GC-01. GC-02. GC-03. GC - 04 . GC-05. GC-06. GC-07. GC-08. GC-09. GC-10. GC - II. GC-12. GC-13. GC-14. GC-15. GC-16. GC-17. GC-18. GC-19. GC-20. GC - 2I. GC-22. GC-23. GC - 24 . GC-25. GC-26. GC-27. - = SECTION GC GENERAL CONDITIONS INDEX TO ARTICLES OF GENERAL CONDITIONS Section Definitions 2 Additional Instructions and Detail Drawings 5 Schedules, Reports and Records 6 Drawings and Specifications 6 Shop Drawings 7 Materials, Services and Facilities 7 Inspection and Testing 8 Substitutions 9 Patents 9 Permits and Regulations 8 Protection of Work, Property and Persons 10 Supervision by Contractor 10 Changes in the Work 10 Changes in Contract Price 11 Time for Completion and Liquidated Damages 11 Suspension of Work, Termination and Delay 12 Payments to Contractor 14 Insurance & Indemnity 15 Contract Security 17 Assignments 18 Indemnification 18 Subcontracting 18 Engineer's Authority 19 Land and Rights -of -Way 19 Taxes 19 Order and Discipline 19 Special Restrictions 20 GC-1 . . . . . . . . . . . . . . . . . . . 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 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 other than construction debris, tires or hazardous waste with weights or volumes greater than those allowed for containers. 7. CART: A plastic receptacle with wheels and lid with a capacity of 90-95 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. 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. GC-2 I I I I I I I I I I I I I I I I I I I . 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 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 and Recyclable. Collection points will be at the curb or in centralized areas for multi-family housing, 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 or Hazardous Waste. GC-3 I I I I I I I I I I I I I I I I I I I 23. HAZARDOUS WASTE: Waste, in any amount, 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, paint, paint cans. 24. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the successful Bidder. 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 commodi ty agreed upon in wri ting by the City and Contractor. 29. REFUSE: All garbage and/or rubbish 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, and 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. Residential solid waste shall not include discarded building materials, trees, brush and other material resulting from the activities of building contractors, commercial tree trimmers GC-4 I I I I I I I I I I I I I I I I I I I or commercial lawn services, large quantities of sod, dirt and trash from land clearing, and other materials requiring special handling. 34. SPECIFICATIONS: A part of the Contract Documents consisting of written descriptions of a technical nature or materials, equipment, collection 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. 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 four feet (4') in length, four inches (4") in diameter or forty pounds (40 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. 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-5 I I I I I I I I I I I I I I I I I I I 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 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 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 wri ting. 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 Gc-6 I I I I I I I I I I I I I I I I I I I 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. 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. GC-7 I I I I I I I I I I I I I I I I I I 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 Contract 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, 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-8 . .. I I I I I I I I I I I I I I I I I I I 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 referred to in the Contract Documents by reference to brand 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 or 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-I0. 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 GC-9 I I I I I I I I I I I I I I I I I I I 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. 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. 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 Engineer, also, may at any time, by issuing a field order, make changes in the details of the work. The Contractor shall proceed wi th the performance of any changes in the work so ordered by the Engineer unless the Contractor GC-IO I I I I I I I I I I I I I I I I I I I 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 Engineer 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, 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 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 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. 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 of such delay to the Owner or Engineer. GC-Il I I I I I I I I I I I I I I I I I I I 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, 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 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 workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment or if he disregards laws, 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, 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 GC-12 I I I I I I I I I I I I I I I I I I I 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's 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 of 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. 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 no 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-13 I I I I I I I I I I I I I I I I 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 monthly prorated share of the annual cost listed in the contract. 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 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 certification from the Contractor that it has fully and properly performed al 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 City Engineer Room 701, Municipal Bldg. 530 Greene Street Augusta, GA 30911 - - - GC-14 I I I I I I I I I I I I I I I I I I I 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 the 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, including loss of use resulting therefrom. GC-15 I I I I I I I I I I I I I I I I I I I 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 coverage 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 anyone accident; and a limit of liability of not less than $200,000 for any such damage sustained by two or more persons in any one 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. 5. 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 GC-16 I I I I I I I I I I I I I I I I I I I employees engaged in hazardous work under this Contract at the site of the Project is not protected under workman's Compensa tion s ta tute, 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 lis t 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. INDEMNIFICATION: 1. The Contractor will indemnify and hold harmless the Owner and the Engineer and their agents and employees from an 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 GC-17 I I I I I I I I I I I I I I I I I I I 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. The 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 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-18 I I I I I I I I I I I I I I I I I I I 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 Document 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. 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 office 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 with the Engineer'S written consent. GC-19 , , , I , I I I I I , , , , , , , , , GC-27. SPECIAL RESTRICTIONS: 1. No work shall be allowed after the hours of darkness or on Sunday without permission of the Owner. GC-20 , , , , I I I I I I I , , I , - SPECIAL CONDITIONS SC-01. 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. 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-os. 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-06. NOTICE TO PROCEED: --- --- Since no interruption of the existing service is permis- sible, service transistion (from City-provided to Con- tractor-provided service) must be coordinated and ~ III III III III III III III III III III III III II II II . - - -- ~- --- SC-07. SC-08. SC-09. SC-10. executed on the starting date set forth in the Notice to Proceed. The City intends to issue the Notice to Pro- ceed within three months after award of the Contract. 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. SOLID WASTE ORDINANCES: Augusta-Richmond County Solid Waste Ordinances, avail- able upon request, are hereby incorporated into this Request for Proposals and the Cotnractor shall comply with the Ordinances in carrying out the Contractor's duties and obligations. SOLID WASTE DISPOSAL FACILITIES INTERLOCAL AGREEMENT: The Augusta-Richmond County/City of North Augusta, South Carolina Interlocal Agreement, included as an attachment and all amendments to such agreement signed by Augusta- Richmond County and the City of North Augusta, is hereby incorporated into this Request for Proposals. CONTRACTOR RESPONSIBILITIES: 1. Compliance with Laws and Ordinances: The Contractor shall comply with all applicable local, state and federal ordinances, statutes, laws, rules and regu- lations governing the collection, transportation and disposal of solid waste and refuse yard 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 regard- ing 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 pro- visions 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 I I I I I I I I I I I I I . . SC-11. ~ ... ~ ... ~ .. .. 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. 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 some means of individual identification such as uniform with name badges, name tags or identification cards. 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. Cor- rection 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, dis- courteous, belligerent, profane or in any way intimidating, either physically or verbally, the Contractor shall submit a written report to the City 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, within ten days, 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 prop- erty including shrubs, flowers and other plants. g. Additional Contractor Liability: The Contractor shall be held responsible for any damage to cus- tomers 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 reim- burse 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 nondis- crimination on the basis of race, color, re- ligion, 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 per- tinent data and records to the City, for the purpose of investigation to ascertain compliance with the nondiscriminaiton provisions of this Contract. c. The Contractor agrees that it will inform the City 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 compli- ance 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: com- pliance with the Federal Drug-Free Workplace Act, Substance Abuse and Mental Health Services Admini- stration (SAMHSA) standards and regulations, Federal Department of Transportation laws and State law re- garding drug testing. I I I I I I I I I I I I I I I I I I I SC-12. 4. Displaced City Employees: The Contractor shall employ a prorated share of displaced City Employees of the Sanitation Department who choose to work for the Contractor. Employees will be subject to Con- tractor hiring policies including drug testing, Com- mercial Drivers License, etc. Minimum emploYment for displaced City Employees shall be for one year in a similar job within the Augusta Metropolitan Area. 5. Contractor Benefits for Displaced City Employees: The Contractor shall have sole responsibility for determining and providing benefits for the Displaced City Employees provided that the benefits offered will be essentially equivalent to or will exceed those offered by the City to its employees and/or Contractor's existing employees, whichever is greater. SCHEDULES, ROUTES AND PUBLIC INFORMATION: The Contractor shall submit detailed route maps to the City Engineer within thirty (30) working days prior to implementation of service. Those routes will be docu- mented 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 City Engineer prior to the initation of any service de- livery. Notification to customers will be issued by the Contractor within ten (10) working days prior to imple- mentation of service. Notification of customers is the Contractor's sole responsibility. Any subsequesnt changes of routing or schedule must be approved by the City 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 infor- mation, all materials and information that will be dis- seminated to customers must be pre-approved by the City Engineer before dissemination. It is the Contractor's responsibility to coordinate production and dissemina- tion of schedules to allow for reasonable review time by the City Engineer, as well as for revisions, and coordination of messages, as well as meeting City publi- cation deadlines, as applicable. All notices should provide City-wide information to minimize any confusion that might occur between City and II II II II II II II II II II II II II II II II II II II 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-13. 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-14. DAYS OF COLLECTION: Scheduled days of collection are limited to Monday thru Saturday. No regularly scheduled collection shall be allowed on Sunday without the prior approval of the City Engineer. HOLIDAYS: Collection by the Contractor will be suspended on the observed day of City Holidays as shown below: NEW YEAR'S DAY M.L.K. 'S BIRTHDAY GOOD FRIDAY MEMORIAL DAY INDEPENDENCE DAY LABOR DAY THANKSGIVING DAY DAY AFTER THANKSGIVING CHRISTMAS EVE 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. I I I I I I I I I I I I I I I I .... I i SC-15. OFFICE: The Contractor shall maintain an office or such other facilities through which it can be contacted. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 am to 5:30 pm on regular collection days. The Contractor shall also provide a telephone number where the Contractor may be contacted at all other times. SC-16. 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. SC-17. CARE AND DILIGENCE: The Contractor shall exercise all reasonable care and diligence in collecting solid waste, 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. 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. The Contractor shall be solely responsible for all damages to containers and property resulting from the Contractor's actions or omissions. SC-18. COLLECTION VEHICLES: The Contractor shall provide and maintain during the en- tire period of this Contract a fleet of solid waste col- lection vehicles sufficient in number and capacity to per- form 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. 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. 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. 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 shall collect materials only from Units in the Contract Area while in the , I I I I I , , , , , , , , I I I I I performance of its duties under this Contract. SC-19. 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. The Contractor may start solid waste, yard waste and bulky waste collection at 6:30 a.m. during the summer (defined as that time period during which Daylight Savings Time is in effect) . SC-20. 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-21. 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-22. 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 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 type 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 I I I I I I I I I I I I I I I I I 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-23. 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-24: DESIGNATED DISPOSAL FACILITIES: . . . a. All refuse including bagged recyclables collected as part of this Contract shall be delivered to: Materials Recovery Facility (MRF) 101 Clay Pit Road North Augusta, South Carolina 29841 (803) 441-4242 CONTRACTOR WILL NOT BE RESPONSIBLE FOR DISPOSAL FEES. Contractor will provide in bid schedule any additional cost for alternate disposal facilities after April 30, 1998 should the Intergovernmental Agreement with the City of North Augusta not be renewed. Alternate disposal facility will be: 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 4330 Deans Bridge Road Blythe, GA 30805 (706) 592-9634 CONTRACTOR WILL NOT BE RESPONSIBLE FOR DISPOSAL FEES. c. All bulky waste collected as part of this Contract I I I I I I I I I I I I I I I I I I I 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. 2. Stoves, refrigerators, water tanks, washing machines and related items commonly known as white goods: Contractor shall submit his choice of disposal facility for approval. 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. 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. The Contractor shall observe the hours of operation of these facilities. SC-25. EMERGENCY PLAN: No later than ten (10) working days prior to initiation of service, the Contrator 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-26. 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 Wednesday 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 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 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 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 ajustments from prior reports. - A discussion of highlights and other noteworthy experiences along with measures to resolve problems, increase efficiency and increase participation. I I I I I I I I I I I I I I - 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 City Engineer 701 Municipal Bldg. 530 Greene Street Augusta, GA 30911 SC-27. COLLECTION REQUIREMENTS: 1. It is the purpose of the specifications to provide a framework for accomplishing the tasks which 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 both initial rollout containers, any replacement containers and additional containers to customers to be served. The number of containers distributed shall be solely the decision of the Contractor, however, the Contractor is required to provide a minimum of one rollout container per unit. Minimum rollout size will be 90 - 95 gallons. Specifications for rollout containers will be submitted for approval. Repairs to containers shall be performed by the Contractor. This includes replacements of wheels, lids, hinges, axles and handles. I I I I I I I I I I I I I 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 throughly 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 . . 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 four (4) feet in height. Tree trunks larger than four (4) inches in diameter will not be collected. 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 seventy-five (75) pounds. No more than twenty (20) 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 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 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 Contrctor will be notifed by the City and must return and pick up the yard waste within eight 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: I I I I I I I I I I I I I I I I I I I The Contractor shall provide curbside collection of furniture, appliances, tires, 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. 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. 4. Container Collection - Dumpsters: The Contractor shall provide collection of refuse container at various locations as identified in attachment. a. Containers: Existing containers will be provided by 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. SC-28. 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. I I I I I I I I I I I I I I I I I I 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 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-29. CUSTOMER COMPLAINTS AND NON-PERFORMANCE: 1. Complaint Receipt and Handling: All customer complaints shall be directed to the Contractor for handling. The Contractor shall notify City 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 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 an 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 . . ... I I I I I I I I I I I I I 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 contractural requirement. SC-30. SURPLUS EQUIPMENT: Surplus equipment of the Sanitation Department will be offered for sale as a part of this Contract. Surplus equipment is listed in the attachment. Equipment may be inspected by appointment at the Sanitation Department. Contact person for appointment: Harry Hartley 1568 Broad Street Augusta, GA 30904 (706) 722-8762 . . Surplus equipment will be offered for sale to the highest bidder. . . Surplus equipment will be sold in an "as is" condition. . . An alternate deduct listed in the bid schedule may be accepted as payment for surplus equipment. Total bid price may be deducted for a maximum of two years. Deduct listed in the bid schedule will be prorated into monthly paYments to the successful bidder. I I I I I I ...- 0.0 ~..~ 'S I ~ "'0 GO ~~ (,.. s~ Co -'1/ I \.. V-9 (( -'J c: s I I I I I I I I I I SECTION :J: I I I I I I I I I I I I I I I I I I I SECTION II I I I I I I I I I ~ . , I ~ 2 J : I I I I I I I I I SECTION m I I I I I I I I I I I I I I I I I I I I -RIVER - ;1 SECTION m I I I I I I I I I I I I I I I I I I I , / .... / lZ-,- /-//1/ /,' l..._ I "'""'tOP"" -;: I, / ~,'rf==J'II I ~ I I I \ l. -I \ ( r I~ Ii I \ !' \ ~ oi \ ; 1 I ~I ~~ :.~ (~- ~~ I I I e ~ wY-r-.:;;. I ~ ; .......,.- n I ~/......~ .ev,J.u. I I ~ L.(T He:: _-4'!I'L!T\:-r "..,. .'-L ."./ I J il_ f ~ ;- ! ~1l' 1'fT rr. I ;!5 ;"'OfIfTfh.' I ~ : 2.. . ". ~ I I ; 1 I r ~ ~ t,'; ; ./ Ji 1 ( '\ I r - L ~ I ~ J~ . ~ I Q,. c ~ " . - I .. ~.. 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'(">~.l .' ........ . .~~ i/:lf...t!7 ~ '- ""-LIT 1.. ~ ~T"'~ I'. ''''\:t; ",;1 ~ - - ~I- ~\, .~~ ,.1 S ~.L \'1 .)~ . ~ --.. ~ ".j ~\ . i'I .. ..... UC1<n' t ., \<.-<. ..t:A 1It.I" .. __. ). . ~!~:.. U!'!fj'lll9 - ~ 1 s · J SECTION :2: ~1; 'A ~o ~~ n~ VI ~ .. I: I -'- illTr YzIJ CONTAINER (DUMPSTER) LOCATIONS CUSTOMER ADDRESS --- -. - -- J ~~~;~; Ou.1srrn HOMES (AHA) OAK POINT (AHA) DOGWOOD TERRACE (AHA) RICHARD E. ALLEN. JR. HOMES (AHA) CLEO P. UNDERWOOD HOMES (AHA) M.M. SCOTT REGENCY COMPLEX (AHA) CHERRY TREE CROSSING (AHA) GILBERT MANOR (AHA) AUGUSTA TRANSIT COMPANY AUGUSTA-RICHMOND COUNTY UBRARY AUGUSTA PUBUC WORKS (STABLES) CENTRAL SHOP CLEAN COMMUNITY COMMISSION AUGUSTA POUCE DEPARTMENT STATE CRIME LAB AUGUSTA FIRE HEADQUARTERS FIRE STATION No.7 FIRE STATION No.6 AUGUSTA GOLF COURSE JOINT LAW ENFORCEMENT CENTER CITY JAIL (STOCKADE) AUGUSTA TREES AND PARKS DEPT. PENDLETON KING PARK RIVERWALK WATER WORKS OPERATIONS ELECTRICAL DEPARTMENT ElSENHOWER BALL PARK GARY PLACE CONDOMINIMUN ASSOC. OLD GOVERNMENT HOUSE ONE MILL PLACE COUNTRY CLUB HOME OWNERS ASSOC. GEORGE TOWN CONDOMINIMUMS PORT ROYAL ARC (WEST\'IEW CEMETERY) BROAD S"TREET AT MILLEDGE ROAD EAST BOUNDARY AT EAST TAYlOR STREET SAVANNAH ROAD AT 1S.1h. AVENUE NEW SAVANNAH ROAD AT l.J\NEY-WALKER BLVD. F AIRHOPE ST. AT SAND BAR FERRY RD. SUMMER STREET AT l.J\NEY-WALKER BLVD. 1 Sib. AVENUE AT iUTT A VENUE UNIVERSITY PLA.CE AT GOSS ALl.EY 1516 WALL STREET 902 GREENE STREET 1568 BROAD STREET 1568 BROAD STREET 530 GREENE STREET 400 BL. WALTON WAY (BEHIND RED LOBSTI:R) 912 8ib.. STREET 1099 REYNOLDS STREET CENTRAL A VENUE AT TROUPE STREET WALTON WAY AT OLD BAIUE STREET 2023 HIGHl.J\ND AVENUE 41h STREET AT WALTON WAY WOOD STREET AT MILLEDGE ROAD #1 8.1h. STREET TROUPE STREET H8 8ib. STREET 2822 CENTRAL AVENUE 1708 HIGHl.J\ND AVENUE EISENHOWER DRIVE 2132 GARY STREET 41h STREET AT COURT HOUSE LANE 516 ONE MILL PLACE APT. 1-A COUNTRY CLUB CONDO. 2846 WALTON WAY 71h STREET AT RE'1'NOLDS STREET WESl'VlEW A VENUE AT DIVISION STREET TOTAL 15 10 16 8 10 6 22 11 1 1 1 1 1 1 1 1 , 1 1 1 , , 1 1 , 1 , 1 , , , 1 1 , ~ I I I I I I I I I I I I I I I I I I I REVISED AGREEMENT BETWEEN THE CITY OF NORTH AUGUSTA. SOUTH CAROLINA. AND RlCHMOND COUNTY, GEORGIA THIS AGREEMENT, made and entered inca this /fd day of tZ'7 ' J ,1996, by and among tbe City of North Augusta, South Carolina, hereinafter referred to as "North Augusta." and Richmond County, Georgia. hereinafter referred to as "Richmond County. " WITNESSETH ,; WHEREAS, North Augusta has constructed and is operating a Material Recovery Facility (MRF) at a site provided by and located in North Augusta, South Carolina, with said facility designed for the recycling of portions of household solid waste collected within the City of North Augusta, South Carolina, and certain nearby cities and counties; and WHEREAS, North Augusta and the City of Augusta, Georgia, initially entered into a contract dated November 6, 1992, and amended on June 6, 1994, wherein the City of Augusta would furnish "co-collected" solid waste and recyclable materials to the North Augusta MRF for recycling purposes. Said contract was for five years from initial .: startup (May 1, 1993-April 30, 1998); and ~ ,. :1 i I Richmond County, Georgia, consolidated governments, and the newly created governing WHEREAS, effective January 1, 1996, the City of Augusta, Georgia, and body of the Richmond County goverrunent and the City Council for the City of North I I I I I I I I I I I I I I I I I I I .! Augusta wish to enter into a revised contract that recogOlzes the needs and desires of Richmond County anJ conditions as they now exist. NOW THEREFORE. in consideration of the premises and the mutual promises by and among the parties hereto made, the benefits and detriments flowing to and from each of the parties hereto, it is agreed as follows: 1. Richmond County Responsibilities: A. Richmond County shall deliver to the North Augusta MRF for recycling all residential "co-collected" solid waste and recyclable materials collected by Richmond County Urban Services District, and such delivery shall be continued thereafter during the term of this agreement. The term "Richmond County" .shall include any agent of Richmond County authorized to collect and dispose of solid waste on behalf of Richmond County. The term "Urban Services District" shall mean the former Augusta corporate limits. The term "co-collected household solid waste and recvclable materials" as used herein ,. .' .. I! shall mean all solid waste exclusive of yard wastes and hazardous wastes collected from the Urban Services District by Richmond County from households and other non-industrial and non-commercial facilities within the Richmond County Urban Service District, along with source separated recyclable materials placed in 2.5 mil. blue plastic bags. Richmond County will deliver an ample supply of blue bags to its citizens wi.l.hin the Urban Services District on a regular basis and will encourage them to place their household recyclable materials in said bags. The blue bags, along with the recyclable contents, shall then be "co-collected" by Richmond County along DOCLIBRY/AGRAUGRC.DOC 2 6/6/96 I I I I I I I I I I I I I I I I I I I II Ii !, 'j with the remammg household garbage for delivery to the MRF III North Augusta. B. Richmond County shall coordinate the delivery of its "co-collected" solid waste to the MRF with North Augusta to facilitate the efficient operation of the MRF and the avoidance of mixing non-Richmond County waste with the Richmond County waste stream. 2. North Augusta Resoonsibilities: A. North Augusta shall maintain full responsibility for the uninterrupted operation of said MRF. North Augusta shall be responsible for all costs associated with the initial and subsequent construction, modification, operation, and maintenance of the MRF. B. During the recycling process, North Augusta shall remove said blue bags from the Richmond County waste stream. North Augusta shall also make a reasonable effort to recycle other loose readily visible recyclable materials which are present in the waste stream. It is realized by both parties, however, that even though reasonable efforts are made, not all recyclable materials will be recovered in this process. Cans (both ferrous and aluminum), newsprint, magazines, H.D.P.E. plastic, P.E.T. plastic, and glass shall then be removed from the blue bags and processed for recycling. C. Upon completion of removal of such materials, North Aug~ta shall reload and compact the non-recyclable residue of said household solid waste furnished by Richmond County into compaction trailers to be provided by North Augusta. Said residue shall then be transported by North Augusta to DOCLIBRY / AGRAUGRC.DOC 3 6/6/96 .: .1 II ,I .! il Ii H DOCLIBRYIAGRAUGRC.DOC I I I I I I I I I I I I I I I I I I I : I I ! ; ! , : i 3 I : ,. ,. ,. the Ricrunond County Landfill. All Ricrunond County Landfill tipping fees pertaining to said residue shall be billed directly to and paid for by Richmond County. 4. Costs: A. The sole compensation to be received by North Augusta for fulfilling its obligations during the tenn of this agreement (and Richmond County's sole obligation for making any payment hereunder) shall be the sum of $1.44 per month to be paid by Ricrunond County for each "customer" served by Richmond County Urban Services District during the initial term of this Agreement. B. The number of customers within Ricrunond County's urban service district for which Ricrunond County shall be billed shall be 16,500 for the duration of the initial period of this Agreement. Billing/Payment: North Augusta shall bill Richmond County on a monthly basis. All bills are due and payable within 30 days of receipt. Term/Renewal: A. This Agreement shall commence upon its execution by both parties and shall continue until April 30, 1998. B. This Agreement may be renewed on a year-to-year basis (May I-April 30) upon written agreement by the parties no later than 30 days prior to the scheduled end of the Agreement or any renewal term thereof. 5. 4 6/6/96 I I I I I I I I I I I I I I I I I I I ;1 ,I C. In the event that the Agreement is renewed during the renewal term, the rates provided for herein may be adjusted by the adjustment in the previous year's U. S. Department of Labor Consumer Price Index--AIl Urban Consumers-- Southeast Region. North Augusta shall advise Richmond County no later than Septemb/~r 1 prior to the scheduled end of the Agreement or any renewal term thereof of any rate so adjusted. 6. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective officers, directors, members, servants, employees, successors, legal representatives, and assigns. 7. Both parties are individually responsible for any hazardous or similar wastes delivered to the facility by such party. Any additional costs related to the handling of such wastes shall be the total responsibility of the party delivering same to the facility. 8. This Agreement shall be governed and interpreted according to the laws of the State of South Carolina. ~ DOCLIBRY/AGRAUGRC.DOC 5 6/6/96 I I I I I I I I I I I I I I I I ; j ~ I ., 'I !: I I " J. , 9. " I I: This Agreement represents the entire agreement of the parties and supersedes all previous agreements between the parties relating to its subject matter. There are no other understandings or agreements among the parties not specifically set forth herein. :' WITNESS: d~~~ , ~(11.~ WITNESS: DOCLlBRY/AGRAUGRC.DOC CITY OF NORTH AUGUSTA, SOUTH CAROLINA BY: ~~~.~ Thomas W. Greene, Mayor ATTEST~~/9~~ ~ BY: ATTEST:,. / , / # 6 6/6/96 I I I I I I I I I I I I I I I I I I I EXISTING SANITATION EMPLOYEES SECTION I C. Collins, Truck Driver A. Henley, Collector W. Baker, Collector SECTION II E. Ramsey, Truck Driver W. Rhodes, Collector R. Pugh, Collector C. Brown, Truck Driver C. Coates, Collector R. Williams, Collector SECTION III L. Strensrub, Truck Driver W. Lynn, Collector K. Dunn, Collector C. Ivey, Truck Driver S. Huff, Collector E. Watkins, Collector E. Hughes, Heavy Equipment Operator B. Robinson, Collector A. Mitchell, Collector B. Cradle, Collector TO BE PLACED 3ECTION IV T. Allen Truck Driver E. Alley, Collector T. Dougherty, Collector W. Johnson, Truck Driver SECTION V J. Harris, Truck Driver M. Mathis, Collector R. Green, Collector D. Boatright, Truck Driver J. Mealing, Collector A. Herndon. Collector Q. Jordan, Truck Driver D. D'Antignac, Heavy Equipment Operator S. Goggins, Collector D. Lester, Collector SECTION VI J. Boatright, Heavy Equipment Operator I I I I I I I I I I I I I I I I I I I SURPLUS EQUIPMENT INVENTORY TYPE SERIAL No. VEHICLE NUMBER DESCRIPTION FLATBED DUMP TRUCK MEDIUM GRAPPLE 1RUCK REFUSE lRUCK FRONT END WADER 33200 3.3204 33205 33210 33217 33223 33224 33225 33226 33229 33233 33234 33235 33238 33227 33231 33232 33237 33239 3'3221 33230 1983 FORD r~TBED DUMP TRUCK 1983 FORD F:...A TBED DUMP TRUCK 1992 INTERNATIONAL GRAPPLE TRUCK 1993 INTERNATIONAL GRAPPLE 'TRUCK 1987 INTERNATIONAL REFUSE GETTER 1990 INTERNATIONAL REFUSE GETTER 1990 FORD REFUSE G~ 1 989 INTERNATIONAL REF1JSE GETTER 1989 INTERNATIONAL REF1JSE GETTER 1981 INTERNATIONAL REFUSE GETTER 1 983 INTERNATIONAL REFUSE GETTER 1984 INTERNATIONAL REFUSE GETTER 1984 INTERNATIONAL REFUSE GETTER 1986 INTERNATIONAL REFUSE GETTER 1994 Ford Refuse Getter 1994 Ford RefUse Getter 1994 Ford Refuse Getter 1994 Ford Refuse Getter 1994 Ford Refuse Getter 1993 International Front End Lo.::ider 1993 International Front End Lo.::ider 1FDNF70H5DVA17500 1FDNF70H7DVA17501 1HTSCPHP6PH487701 1 HTSCPHP1PH487704 1HTIJnVR8HH471362NBODY 1 HTSHZ7R3MH340201 1 FDYU82AXL V A34 736NBODY 1HTIJnVR4KH665409NBODY SHOP 1H~H665408NBODY 2HTM1955BCA13044 2HTAF1954DCA12518 1 HT AFi 956EHA20260 1 HT AF1958EHA20244 1 Hn.KVR9GHA26579 1FDZW82E9SVA39619 IFDZW82E5SVA39617 1FDZW82E7SVA39618 1FDZW82EOSVA55398 IFDZW82E5SVA39620 1HTGHN6T5PH523759 1HTGHN6TXPH536197 I I I I I I I I I I I I I I I I I I I PUBLIC WORKS AND ENGINEERING ROOM 701 530 GREENE STREET AUGUSTA, GEORGIA 30911 (706) 821-1706 FAX (706) 821-1838 CHARLES DILLARD Commissioner of Public Works and Director of Engineering March 3, 1997 Mr. Kester Uzochukwu CSRA Waste Disposal POBox 211215 Augusta, GA 30917 RE: Collection of Solid Waste, Yard Waste and Bulky Waste Privatization Project Reference: 96-017(C) Dear Mr. Uzochukwu: Enclosed herewith are two (2) copies of the executed contract the contact documents and specifications for Collection of Solid Waste, Yard Waste and Bulky Waste Section IV and Section VI as prepared by the Engineering Department. Please forward one (1) to your surety. Cliffor . Goins Assista t Commissioner of Public Works and Director of Engineering CAG/psm Enclosure cc: Ms. Lena Bonner, Clerk of Commission-Council, w/copy of Contract Document Mr. Stewart Walker, License & Inspection Department Mr. A. B. McKie, Comptroller Mr. Jim Wall, Attorney, w/copy of Contract Document Ms. Sandy Wright, Risk Management, w/copy of Contract Document Mr. David Smith, Landfill, w/copy Contract Document I PRODUCER I I,NSURED I A.~t.I~I'" DATE (MMIDDIYY) 2/ J 1/97 TH!S - CERTI!=!CA TE IS ISSUED AS A MA TTE-R- OF INFORMATION ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. - -. ---- -- .--.------.--. COMPANIES AFFORDING COVERAGE CERTIFICATE OF INSURANCE Padgett Insurance & Realty 2 ]07 Harding Road Augusta, Ga. 30906 COMPANY A Assoc iated International Ins. Co. Kester Uzochukwu DBA. CSRA Waste Disposal P.O. Box 2112]5 Augusta, Ga. 30917 COMPANY B Southern General Ins. Co. COMPANY C COMPANY D ICOVERAGES- - ----. ---- --.---. ...---. ..-. -.----- THIS IS TO CERTIF" THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 'SSUED TO ThE: .NSUREC NAMED ABOVE FOR THE ?O!...lCY PERIOD 'NDICATED, NOTWITHSTANDING ANY P.EGUlrlEMENT, TERM OR CONDITION OF ANY CONTRACT OR OTIiER DOCUMENT WITH RESPECT TO WHICH THIS CERT:~ICATE MAV BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE D(JLlCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERIJ.S. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE 8EEN REDUCED BY P41D CLAIMS. I ---+- --. GARAGE UIIBILITY ANY AUTO I ----- -----" --- EXCESS UABILITY UMBRELLA FORM I OTHER THAN UMBRELLA FORM -- ---- WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY _ DESCRTp'TlON OF OPERA'f!ONS,LOCATIOtfSIVEHICLESlSPECIAL ITEMs I I I -CE-RTIACATE HOLDER I Ico LTR IA X I IB I I TYPE OF INSURANCE POLICY NUMBeR POLICY EFFECTIVE POLICY EX~IRATION DATE (MMlDDiYY) DATE (MMiDDIYY) LIMITS GENERAL L1ABIUTY GENERAL AGGREGATE $ 1,000,000. PRODUCTS.CO~IP OP AGG PERSONAL & ADV INJURY ;; EACH OCCURRENCE S I , ()(X), CXXl. FIRE DAMAGE (AllY one fire) S MED EXP (Anyone personl ;; CO\IMERCI,d.L GENERAL LIABILITY CLA!MS MADE X OCCUR OWNER.S & CONT PROT CCP031876 3/1/96 3/1/98 AUTOMOBILE UABILlTY ANY A:JTO A:"L O'NNED AUTOS X 3CH'::DULD ALTOS HIRED AllTOS r-.O~.O\VNED AUTOS COMBINED SINGLE LIMIT $ 1/5/97 1/5/98 CA06429] EACH OCCURRENCE S AGGREGATE $ $ THE PROPRIETOR' PARTN~RS/EXECUTIVE OFFICERS ARE: n-6'tHER ---- STATUTORY LIMITS E.ACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE $ S INCL EXCL Garbage Renv\Tal CANCEL LA liON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Augusta Richm:nd Ccx.mty Augusta, Ga. 3090 I EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, I I IACORD 25-S (3/93) BUT FAILURE TO MAIL SUCH NOTICF. SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPAN\', ITS AGENTS OR REPRESENTATIVES. I"""~"'""'~:;~~' . ~~AbRrn:oRPORAT10N 1993 I I I I I I I I I I I I I I I I I I I INDEX TO SPECIFICATIONS Title Section No. ADV IFB P BB NA A PB COA NP GC SC Advertisement for Bids Information for Bidders Proposal Bid Bond Notice of Award Agreement Performance Bond and Labor and Material Payment Bond Certification of Owner's Attorney Notice to Proceed General Conditions Special Conditions APPENDIX A Sketches of Bid Sections Appendix B Dumpster Container Locations Appendix C Surplus Equipment Inventory Appendix D Intergovernmental MRF Agreement Appendix E Existing Sanitation Department Employees To Be Placed Page No. 1 - 2 1 - 3 1 - 11 1 - 2 1 1 - 2 1 - 5 1 1 1 - 23 1 - 18 1 - 5 1 1 1 - 6 1 I I I I I I I I I I I I I I I I I I I BIDS WANTED SEALED BIDS for furnishing all materials, tools, machinery, ete. necessary for: BID ITEM #96-140 - The Collection of Residential/Commercial Solid Waste, Recyclable Materials, Yard Waste and Bulky Waste by Augusta-Richmond County Government at the Purchasing Dept, Room 605 Municipal Bldg/530 Greene Street, Augusta, GA. 30911 until 11 :00 a.m., Tuesday, November 12, 1996, at which time all bids will be publicly opened and read in the presence of those interested. All work shall be in accordance with the contract documents of the City Engineer and Commissioner of Public Works. Copies of the Contract Documents may be examined during regular business hours at the Engineering Office, 7th Floor Municipal Bldg, Augusta, GA and at the following locations: F.W. Dodge Division Plan Room, Augusta, GA.; C.S.R.A. Business League, Augusta, Ga. Copies may be obtained for bidding purposes at the Engineering Office upon payment of $25.00 (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 Item #96-1 40 - Collection of Residential/Commercial Solid Waste Bid Bids shall be completed and submitted as described in the Infonnation for Bidders section of the contract documents. A Bid Guarantee, Perfonnance Bond and a Labor & Material Payment Bond will be required. k No bid may be withdrawn for a period of sixty (60) days after the date and time set for the receipt of bids. NOTE: ALL BIDDERS WILL BE REQUIRED TO A lTEND A PRE-BID CONFERENCE TO BE HELD AT THE ENGINEERING OFFICE AT 2:00 P.M., WEDNESDAY, NOVEMBER 6, 1996. The Owner reserves. the right, to 'waive any infonnalities in bidding and to reject any or all bids. Publish: October 22, 25, 30, 1996 Ann B. Barker, Purchasing Director Augusta-Richmond County Government 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., Tuesday, November 12, 1996 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 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 wi thin 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 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 unsuccess ful 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 wi thin 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 wi thin 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. 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 of the IFB-2 I I I I I I I I I I I I I I I I I I I 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 City Engineer 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 City Engineer. 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 contractural 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 PROPOSAL FOR COLLECTION OF SOLID WASTE, YARD WASTE & BULKY WASTE Project Reference 96-017(C) 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 and 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 and to do all work and furnish all materials called for in accordance with the requirements of the City Engineer and the true intent of the Contract Documents and that 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.) P-l I I I I I I I I I I I I I I I I I I I SCHEDULE OF PRICES SECTION rv BASE BID + 1, 643 ani ts 1. Refuse Collection at Curbside Two (2) Days Per Week Pick-Up: 1997 1999 $110/b~O':4C 1b'l.\O, b3o':;Lo 1998 2000 $ ::2\0 I bSO-:10 <1 'J \ 0, 6so' 2.Q Add/Deduct for Change of Disposal Location from North Augusta MRF to Augusta/Richmond County Landfill: 1999 1998 $\'O~ 2000 $,\.DO ~ \. C~ 1. Refuse Collection at Curbside One (1) Day Per Week Pick-Up: 1997 1999 Alternate $\~~IS04-.\1o $ \ 6<6',5"04-' \6 1998 2000 $\bgJ~OIf.{b ~ \ fa 8' J ~Q Y. · I b Add/Deduct for Change of Disposal Location from North Augusta MRF to Augusta/Richmond County Landfill: 1999 1998 $. \. ~O 2000 $.1'0'0 S \.00 2. Yard Waste Collection at Curbside One (1) Day Per Week pick Up: 1997 1999 Base Bid $\\,ogs.g-o $ \ \, e ~f; · ~ 0 1998 2000 Alternate 2. Yard Waste Collection at Curbside <$ \1} O~~. g'O gt\\, OR~.<6\:) One Day Per Week Pick Up: March, April, May, June, October, November. p- {2. , , , , , , , , , , , , , , , , , II One day per two weeks pick up: August, September, December. 1997 $>'61 ~ bS" ~ 4- ~ ~, ~6 <2 . b t+ 1999 SECTION IV... CONTINUED January, February, July, 1998 <i<6"1~6~. b'-f ~ ~, S' b 8' b tf- 2000 3. Deduct for award of both refuse collection and yard waste collection. 1997 1999 1997 1999 1997 1999 1997 1999 Base bid refuse and Base bid yard waste $t(JOO,oo 1998 3,\OC'C'Du $ \ 0 ca. ~ \J 2000 st ~ 0 ~ O. 't)u Base bid Refuse and Alternate bid yard waste $~OO' sO ~~oo.oo $8~o' f:)C $ ~cO, ~C 1998 2000 Alternate bid Refuse and Base bid yard waste $\~CO. 00 1998 $\~OO.oo S\~Su'OO 2000 <!t\OOO.co Alternate bid Refuse and Alternate bid yard waste <;l ~QO, e-o 1998 S goo .Q'D $ ~O~, O'E. cs ~OO '\)0 2000 P_I (3 , , , , , , , , , , , , , , , , , , , SECTION IV - CONTINUED 4. Bid on surplus equipment: Type Vehicle # Description Price R~~c~ 35")....3:2- \~'\r.+ ~ R!c ~ 5b,~D.oQ , Base Bid 5. Bulky Waste Collection per written work Order by Augusta/ Richmond County: a. Per Each "White Good" : 1997 $30 1998 $30.~ 1999 & ~u 2000 1t:so. ~ b. Per Each Tire: 1997 $' 7- e--o 1998 1t 7 . 0-0 1999 $1.f:H) 2000 1t7-~ c. Per Two Cubic Yard Volume: 1997 <!? '1 v . -rO 1998 3t~OT ~ 1999 S10.0-0 2000 $30.e-a P-14 . . . . . 11 . . . . 11 , , , 11 , , , , SECTION VI 1. Refuse Collection for 124 Dumpster Containers at various locations. 124 @ $<6'06. 4-'+ <$ Cf q) c; cq ~ ' eo per each per year. TOTAL Add/deduct for for change of disposal location from North Augusta MRF to Augusta/Richmond County. 1998 .$\.00 ~ \. Du 1999 $\ .~~ 2000 P-19 . . . . . . . . . . . . . . . . . . . The Contract covering all work described above will be completed within the days specified in the "Notice to Proceed" of the City Engineer: subject to reductions, additions and deletions provided herein on the basis of measured quantities of completed work and the prices bid. It is understood that the Owner reserves the right to reject any or all proposals or to accept any proposal as deemed to be to the best interest of the Owner. It is also understood that the fOllowing addenda as issued during the bid period shall be included as part of the Contract Documents: Addendum Date The undersigned bidder understands and agrees that should the Owner accept this proposal, the bidder will within ten (10) days from the date of notification of acceptance of his proposal, execute the contract and furnish the Owner satisfactory performance and payment bonds in the amount equal to fifty percent (50%) of the total 1997 base bid sum. Enclosed herewith is a Bid Bond or a Certified Check in the amount of s.,'j(~ 1ho~~ J ~ E\~k.t.j s:,'X ()~. Dollars ($ llOt 0 ~b' 00 ) being not ess than 5 (5%) percent of the 1997 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. The successful bidder shall have a current Business License. The Owner is an Equal Opportunity Employer. Date: \ \ - \\1- - ~ b C 5 R ~ IN Q st e. b \ sf "0 S ""-) Name of Bidder ~C~) Signature & Title of Authorized Representatixe , \30<6 N~~ St:t\lth\Y\.A..,^ K.~~/ p.o. B 0)(. ~ I' :l \ 5, Business Address ~c.\.l>T~ I GE~4\~ City and State P - 20 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 , 1996. 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 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 BB- 1 . I I I I I I I I I I I I I I I I I I . . 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 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- 2 . . . II II II II II II II II II II II II . . . . SECTION NA NOTICE OF AWARD TO: PROJECT DESCRIPTION: The Owner has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated , and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of $ 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 granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of , 1996. BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged on this day of , 1996. BY: TITLE: NA-l . . . . . . . . . . . . . . ... . -- -- - - WIT N E SSE T H: 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 AND BULKY WASTE in compliance with the Contract Documents and within Sections IV and VI 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 Monday, February 3, 1997 and will continue said work for a term of two (2) years ending on February 2, 1999, 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. 4. The Contractor agrees to perform all the work described in the Contract Documents for the period February 3, 1997 1 - . . . . . . . . . . . . -- through February 2, 1998, for the following sums: Section IV: $220,715.00 Section VI: $99,999.00 The Contractor agrees to perform all the work described in the Contract Documents for the period February 3, 1998 through February 2, 1999, for the following sums: Section IV: $220,715.00 Section VI: $99,999.00 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 February 3, 1999 through February 2, 2000, for the following sums: Section IV: $220,715.00 Section VI: $99,999.00 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 February 3, 2000 through February 2, 2001, for the following sums: Section IV: $220,715.00 Section VI: $99,999.00 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 $160,357.00, which amount is equal to 50% of Contractor's total --- --- --- - 2 - I I I I 1997 base bid sum. 6. The term "Contract Documents" means and includes the following: I I I 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 Addenda: No.1, dated November 8, 1996 I 7. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions such I I I I I I amounts as required by the Contract Documents. 8. The parties acknowledge that, in connection wi th the proj ect referenced herein, Contractor was awarded the right to purchase certain surplus equipment from Owner as set forth on Exhibit "A" attached hereto and incorporated herein by reference, and Contractor hereby agrees to purchase said equipment for the amounts set forth In Exhibit "A" and pursuant to terms set by Owner. 9. Contractor agrees that it shall employ all of Owner's current employees for Sections IV and VI (as said Sections I are described in the Contract Documents), to-wit: I I 3 I I I I I I I I I I I I I I I I I I I Section IV: T. Allen, Truck Driver E. Alley, Collector T. Dougherty, Collector W. Johnson, Truck Driver section VI: J. Boatwright, Heavy Equipment Operator and that said employment shall be in accordance with the General conditions of the Contract Documents. 10. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 11. 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) copies, each of which shall be deemed an original on the date first above written. COUNTY COMMISSION (SEAL) TITLE: ATT;A ~ BY : tfh CLERK . . CONTRACTOR: CSRA WASTE DISPOSAL ~~ (SEAL) CSRA Waste Disposal 1308 New Savannah Road P.O. Box 211215 Augusta, GA 30917 BY: NAME: \(f.sl~ U~oc.14-U ~\NU (Type or Print) ATTEST: TITLE: OvJNft..rZ BY: AS ITS 4 I I EXHIBIT IIAII Type Vehicle Description Serial No. Price Number Front End 33230 1993 Int'l Front End 1HTGHN6TXPH536197 $60,000 Loader Loader 33232 1994 Ford Refuse Getter 1FDZW82E7SVA39618 $56,000 I I I I I I I I I I I I I I I 5 I I -I' I II ~ I I I I I I I I I I I I. I I I I BOND NO. P 2686086 Premium B~cei on T lli1.AL Contract Price SECTION PB PERFORMANCE BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE PB-3, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.) KNOW ALL MEN BY THESE PRESENTS: That CSRA Waste Disposal , as Principal, hereinafter called Contractor, and Reliance National Indemnity Company , a corporation organized and existing under the laws of the State of Wisconsin , with its principal office in the City of Madison , State of Wisconsin , as Surety, hereinafter called Surety, are held and firmly bound unto Augusta- Richmond County Commission-Council, Georgia, as Obligee, hereinafter called the Owner, in the penal amount of One Hundred Sixty Thousand Five Hundred and no/lOO---------------------- Dollars ($ $160,500.00***) 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 AND BULKY WASTE AT AUGUSTA, GEORGIA, in accordance with the 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 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. 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 PB-I ~I' -I ~I -I 1 I I I I 1 I 1 1 1 I 1 1 I I (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 h _ (number) of counterparts, each of which shall be deemed an original this 10th day of February , 19~7 ATTEST: CSRA Waste Disposal Principal ~~ (Principal) Secretary By (s) ~ (S~~~ ( itness as to Principal) BLANCHARD & CALHOUN (Address) l4:> UAVIS RO. 3~~57 P.O. BOX 212359 AUGUSTA, GA 30917-2359 \ ~o liS tJ c.w S M ~~ktI Address ~4u..>\ Pt J C,A ~O'1o) Reliance National Indemnity Company Surety ATTEST: PB-2 I' I I I I I I I I I I I I I I I I I I BY~~ tt n in-fact Mary Kay Harman 620 Hillcrest Rd, Suite 400 Address I2tl~ ~ (Surety) Secretary Li1burn GA 30247 (Seal) ~~wloo ~ Wft: as to Surety 620 Hillcrest Rd, Suite 400 Address Li1burn GA 30247 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 Premium Based ,on l.tNAL Contract Price BOND NO. P 2686086 SECTIQN U LABOR AND MATERIAL PAYMENT BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BONO ON PAGE PB-I, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.) KNOW ALL MEN BY THESE PRESENTS: That CSRA Waste Disposal , as Principal, hereinafter called Contractor, and Reliance National Indemnity Compnay , a corporation organized and existing under the laws of the State of Wisconsin , with its principal office in the City of Madison ,_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, for the use and benefit of claimants as hereinbelow defined in the amount of One Hundred Sixty Thousand Five Hundred and no/100-------------------- ----------------------------------------- Dollars ($ 160,500.00***********) 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, YARD WASTE AND BULKY WASTE in accordance with drawings and specifications issued by AUQUsta-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 I" I I I I I I I I I I I I I I I I I I (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. (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. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good fai th 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. PB-5 I' I I I I I I I I I I I I I I I I I I signed and sealed this A.D. titi. 1997. day of February 10th witness Attest witness Attest Note: CSRA Waste Disposal (Seal) (Contractor) BY~~ Bv: (Seal) K.aS'iE..t2.. U '2..Cc. t+-Ul.l.w u (Title) Reliance National Indemnity Company (Seal) (Surety) { Sea.l,) (Title) Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. PB-6 I #.- ~ , RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY REUANCE NATIONAL INDEMNITY COMPANY 00116 I V AUD ONLY IF NUMBER IS IN RED ADMINISTRATIVE OFFICE, PHIlADELPHIA, PENNSYLVANIA I POWfR OF ATTORNEY I KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY Is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by vlrtue of signature and seals do hereby make, constitute and appoint Mary Kay Hannan of Ulbum, Georgia their true and lawful Attomey(s)-1n-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed: I Contract Bonds - Maximum Penalty All other Bonds - Maximum Penalty $500,000 $10,000 I "ANY BOND OR INDEMNITY PROVIDED THAT WRITTEN AUTHORITY FROM AN OFFICER OF THE COMPANIES SPECIFICALLY AUTHORIZING ITS EXECUTION ACCOMPANIES THIS POWER OF ATTORNEY." I and to bind the Companies thereby as full and to the same extent as If such bonds and undertakings and other writings obligatory In the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attomey(s)-ln-Fact may do In pursuance hereof. I This Power of Attomey Is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now In full force and effect, reading as follows: I ARTICLE VlI- EXECUTION OF BONDS AND UNDERTAKING 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have.power and authority to (a) appoint Attomey(s)-ln-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Altomey(s)-in-Fact at any time and revoke the power and authority given to them. 2. Altomey(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attomey Issued to them, to execute deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory In the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Altorney(s)-In-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This POINef" of Attorney is signed and sealed by facsimile under and by authority of the following resolutions adopted by the Executive and Finance CommRtees of the Boards of Directors of United PacifIC Insurance Company and Reliance National Indemnity Company by Unanimous Consents dated as of February 28, 1994, by the Executive and Finance Committee of Reliance Insurance Company at a meeting held on March 10, 1994 and by the Executive and Finance Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994. "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile -- ---. . . I I I I I I I I SECTION PB PERFORMANCE 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.) 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, in the penal amount of Dollars ($_ "'<C I I I I I I I I I I ) 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 AND BULKY WASTE AT AUGUSTA, GEORGIA, in accordance with the 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 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. 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 PB-l I I I I I I I I I I I I I I I I I I I ~. RELIANCE NATIONAL INDEMNITY COMPANY Three Parkway, Philadelphia, Pennsylvania 19102 RIDER This rider is to be attached to and form a part of Performance and Payment Bond, Bond Number P2686086 between CSRA Waste Disposal, as Principal, and Augusta-Richmond County, as Obligee, and is amended as follows: The Bond Amount on the Performance and Payment Bond is decreased from: One Hundred Sixty Thousand Five Hundred and no/lOO ($160,500) Dollars to: Eighty Thousand One Hundred Seventy-Eight and 50/100 ($80,178.50) Dollars The expiration date for this bond shall be 2/10/99; at which time the Surety reserves the option to renew. This rider shall be effective as of the 18th day of March , 19 98 . All other provision, specifications and conditions remain the same. Dated this 20th day of Mav . 1998. Reliance National Indemnity Company By w Date lIlIs docuIntnl approved IS lD ~ suIlIcJeney and ~ ~ t;l7- B .. I ~ .. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY 00638 I VALID ONLY IF NUMBER IS IN RED ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA I POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of I Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Mary Kay Harman of Lilburn, Georgia their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed: I Contract Bonds - Maximum Penalty All Other Bonds - Maximum Penalty $500,000 $10,000 I "ANY BOND OR INDEMNITY PROVIDED THAT WRITTEN AUTHORITY FROM AN OFFICER OF THE COMPANIES SPECIFICAllY AUTHORIZING ITS EXECUTION ACCOMPANIES THIS POWER OF ATTORNEY" and to bind the Companies thereby as full and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said I Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full I force and effect. reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING I 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company. bonds and undertakings, recognizes, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney(s)-in-Fact at any time and revoke the power and authonty given to them. I 2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limtations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of the bonds and undertakings, recognizes, contracts of indemnity and other writings obligatory in the nature thereof. I 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of I the By-Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolutions adopted by the Executive and Finance Committees of the Boards of Directors of United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consents dated as of February 28, 1994, by the Executive and Finance Committee of Reliance Insurance Company at a meeting held on March 10, 1994 and by the Executive and Finance Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994. I I "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached." I I I I I , , , , , , , I I I I I I I I I , , , (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 , 19 ATTEST: Principal (Principal) Secretary By ( s ) (SEAL) Address (Witness as to Principal) (Address) Surety ATTEST: PB-2 II II II II II II II II II II II II II II II II II II II 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 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.) 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 Comrnission- 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 their heirs, executors, administrators, successors, jointly and severally, firmly by these presents. ) themselves, and assigns, WHEREAS, Contractor has by written agreement dated ____ entered into a contract with Owner for the COLLECTION OF SOLID WASTE, YARD WASTE AND BULKY WASTE in accordance with drawings and specifications issued by Auqusta-Richmond County Enqineerinq 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 II II II II II II II 11 11 11 , , , , , , , , , (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. (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. (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. PB-5 I I I I I I I I I I I I I I I I I I I Signed and sealed this A.D. 1996. day of Witness Attest Witness Attest Note: (Seal) (Contractor) By (Seal) (Title) (Seal) (Surety) By (Seal) (Title) Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. PB-6 . . . . . . . . . . . . II . . . . . . 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 representati ves; 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: COA-l I I I I I I I I I I I I I I I I I I I SECTION NP NOTICE TO PROCEED TO: DATE: PROJECT: You are hereby notified to commence work in accordance with the Agreement dated , 1996, within Ten (10) 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 , 19 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 , 1996. BY: TITLE: NP-l I I I I I I I I I I I I I I I I I I I Page No. GC-Ol. GC-02. GC-03. GC-04. GC-05. GC-06. GC-07. GC-08. GC-09. GC-I0. 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 Definitions 2 Additional Instructions and Detail Drawings 5 Schedules, Reports and Records 6 Drawings and Specifications 6 Shop Drawings 7 Materials, Services and Facilities 7 Inspection and Testing 8 Substitutions 9 Patents 9 Permits and Regulations 8 Protection of Work, Property and Persons 10 Supervision by Contractor 10 Changes in the Work 10 Changes in Contract Price 11 Time for Completion and Liquidated Damages 11 Suspension of Work, Termination and Delay 12 PaYments to Contractor 14 Insurance & Indemnity 15 Contract Security 17 Assignments 18 Indemnification 18 Subcontracting 18 Engineer's Authority 19 Land and Rights-of-Way 19 Taxes 19 Order and Discipline 19 Special Restrictions 20 GC-1 . . . . . . . . . . . . . . . . . . . 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 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 other than construction debris, tires or hazardous waste with weights or volumes greater than those allowed for containers. 7. CART: A plastic receptacle with wheels and lid with a capacity of 90-95 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. 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. GC-2 I I I I I I I I I I I I I I I I I I I 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 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 and Recyclable. Collection points will be at the curb or in centralized areas for multi-family housing, 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 or Hazardous Waste. GC-3 I I I I I I I I I I I I I 23. HAZARDOUS WASTE: Waste, in any amount, 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, paint, paint cans. 24. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the successful Bidder. 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 commodi ty agreed upon in wri ting by the City and Contractor. 29. REFUSE: All garbage and/or rubbish 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. I I I I I 33. SOLID WASTE: Is defined as garbage and trash, and 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. Residential solid waste shall not include discarded building materials, trees, brush and other material resulting from the acti vi ties of building contractors, commercial tree trimmers GC-4 I I I I I I I I I I I I I I I I I I I or commercial lawn services, large quantities of sod, dirt and trash from land clearing, and other materials requiring special handling. 34. SPECIFICATIONS: A part of the Contract Documents consisting of written descriptions of a technical nature or materials, equipment, collection 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. 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 four feet (4') in length, four inches (4") in diameter or forty pounds (40 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. 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-5 I I I I I I I I I I I I I I I I I I I 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 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 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 carrying out of the intent thereof, the Contractor is GC-6 I I I I I I I I I I I I I I I I I I I 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. 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. GC-7 I I I I I I I I I I I I I I I I I I I 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 Contract 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, 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-8 I I I I I I I I I I I I I I I I I I I 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 referred to in the Contract Documents by reference to brand 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 or 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-10. 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-11. 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 GC-9 I I I I I I I I I I I I I I 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. 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. 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. I I 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 - - GC-lO . I I I I I I I I I I I I I I I I I I I 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 Engineer 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, 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 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 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. 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 of such delay to the Owner or Engineer. GC-ll I I I I I I I I I I I I I I I I I I I 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 wi th 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, 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 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 workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment or if he disregards laws, 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, 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 GC-12 I I I I I I I I I I I I I I I I I I I 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's 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 of 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. 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 no 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-13 I I I I I I I I I I I I I I I I 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 monthly prorated share of the annual cost listed in the contract. 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 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 certification from the Contractor that it has fully and properly performed al 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 City Engineer Room 701, Municipal Bldg. 530 Greene Street Augusta, GA 30911 . . GC-14 II ... ... I I I I I I I I I I I I I I I I I I I 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 the 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, including loss of use resulting therefrom. GC-15 I I I I I I I I I I I I I I I I I I I 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 coverage 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 anyone accident; and a limit of liability of not less than $200,000 for any such damage sustained by two or more persons in any one 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. 5. 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 GC-16 I I I I I I I I I I I I I I I I I I I 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 lis t 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. INDEMNIFICATION: 1. The Contractor will indemnify and hold harmless the Owner and the Engineer and their agents and employees from an 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 GC-17 I I I I I I I I I I I I I I I I I I I 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. The 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 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-18 I I I I I I I I I I I I I I I I I I I 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 Document 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. 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 office 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 with the Engineer'S written consent. GC-19 , , , I I I I I I I , , , , , , , , , GC-27. SPECIAL RESTRICTIONS: 1. No work shall be allowed after the hours of darkness or on Sunday without permission of the Owner. GC-20 , , , I I I I I I I I I , - III , SPECIAL CONDITIONS SC-01. 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. 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. 8C-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-06. NOTICE TO PROCEED: . - r Since no interruption of the existing service is permis- sible, service transistion (from City-provided to Con- tractor-provided service) must be coordinated and -- --- II , II II II II II II II II II II II II II II .- .. -- -- SC-07. SC-08. SC-09. SC-10. executed on the starting date set forth in the Notice to Proceed. The City intends to issue the Notice to Pro- ceed within three months after award of the Contract. 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. SOLID WASTE ORDINANCES: Augusta-Richmond County Solid Waste Ordinances, avail- able upon request, are hereby incorporated into this Request for Proposals and the Cotnractor shall comply with the Ordinances in carrying out the Contractor's duties and obligations. SOLID WASTE DISPOSAL fACILITIES INTERLOCAL AGREEMENT: The Augusta-Richmond County/City of North Augusta, South Carolina Interlocal Agreement, included as an attachment and all amendments to such agreement signed by Augusta- Richmond County and the City of North Augusta, is hereby incorporated into this Request for Proposals. CONTRACTOR RESPONSIBILITIES: 1. Compliance with Laws and Ordinances: The Contractor shall comply with all applicable local, state and federal ordinances, statutes, laws, rules and regu- lations governing the collection, transportation and disposal of solid waste and refuse yard 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 regard- ing 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 pro- visions 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 I I I I I I I I I I I I I SC-11. - = ~ - -- .. .. - 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. 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 some means of individual identification such as uniform with name badges, name tags or identification cards. 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. Cor- rection 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, dis- courteous, belligerent, profane or in any way intimidating, either physically or verbally, the Contractor shall submit a written report to the City 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, within ten days, 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. , , , , , , , , , , , , , , , , , , I ... 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 prop- erty including shrubs, flowers and other plants. g. Additional Contractor Liability: The Contractor shall be held responsible for any damage to cus- tomers 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 reim- burse 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 nondis- crimination on the basis of race, color, re- ligion, 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 per- tinent data and records to the City, for the purpose of investigation to ascertain compliance with the nondiscriminaiton provisions of this Contract. c. The Contractor agrees that it will inform the City 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 compli- ance 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: com- pliance with the federal Drug-free Workplace Act, Substance Abuse and Mental Health Services Admini- stration (SAMHSA) standards and regulations, federal Department of Transportation laws and State law re- garding drug testing. I I I I I I I I I I I I I I I I I I I SC-12. 4. Displaced City Employees: The Contractor shall employ a prorated share of displaced City Employees of the Sanitation Department who choose to work for the Contractor. Employees will be subject to Con- tractor hiring policies including drug testing, Com- mercial Drivers License, etc. Minimum employment for displaced City Employees shall be for one year in a similar job within the Augusta Metropolitan Area. 5. Contractor Benefits for Displaced City Employees: The Contractor shall have sole responsibility for determining and providing benefits for the Displaced City Employees provided that the benefits offered will be essentially equivalent to or will exceed those offered by the City to its employees and/or Contractor's existing employees, whichever is greater. SCHEDULES, ROUTES AND PUBLIC INFORMATION: The Contractor shall submit detailed route maps to the City Engineer within thirty (30) working days prior to implementation of service. Those routes will be docu- mented 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 City Engineer prior to the initation of any service de- livery. Notification to customers will be issued by the Contractor within ten (10) working days prior to imple- mentation of service. Notification of customers is the Contractor's sole responsibility. Any subsequesnt changes of routing or schedule must be approved by the City 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 infor- mation, all materials and information that will be dis- seminated to customers must be pre-approved by the City Engineer before dissemination. It is the Contractor's responsibility to coordinate production and dissemina- tion of schedules to allow for reasonable review time by the City Engineer, as well as for revisions, and coordination of messages, as well as meeting City publi- cation deadlines, as applicable. All notices should provide City-wide information to minimize any confusion that might occur between City and II II II II II II II II II II II II II II II II II 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-13. 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-14. DAYS OF COLLECTION: Scheduled days of collection are limited to Monday thru Saturday. No regularly scheduled collection shall be allowed on Sunday without the prior approval of the City Engineer. HOLIDAYS: Collection by the Contractor will be suspended on the observed day of City HOlidays as shown below: NEW YEAR'S DAY M.L.K. 'S BIRTHDAY GOOD fRIDAY MEMORIAL DAY INDEPENDENCE DAY LABOR DAY THANKSGIVING DAY DAY AFTER THANKSGIVING CHRISTMAS EVE 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. I I I I I I I I I I I I I I i I SC-15. OFFICE: The Contractor shall maintain an office or such other facilities through which it can be contacted. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 am to 5:30 pm on regular collection days. The Contractor shall also provide a telephone number where the Contractor may be contacted at all other times. SC-16. 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. SC-17. CARE AND DILIGENCE: The Contractor shall exercise all reasonable care and diligence in collecting solid waste, 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. 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. The Contractor shall be solely responsible for all damages to containers and property resulting from the Contractor's actions or omissions. SC-18. COLLECTION VEHICLES: . The Contractor shall provide and maintain during the en- tire period of this Contract a fleet of solid waste col- lection vehicles sufficient in number and capacity to per- form the work and render the service required by this . . II II II II II II II II II II II II II II II II II II , 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. 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. 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. 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 shall collect materials only from Units in the Contract Area while in the I I I I , , , , I , , , I , , I I I I performance of its duties under this Contract. SC-19. 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. The Contractor may start solid waste, yard waste and bulky waste collection at 6:30 a.m. during the summer (defined as that time period during which Daylight Savings Time is in effect). SC-20. 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-21. 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-22. 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 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 type 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 I I I I I I I I I I I I I I I I 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-23. 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-24: DESIGNATED DISPOSAL FACILITIES: a. All refuse including bagged recyclables collected as part of this Contract shall be delivered to: Materials Recovery Facility (MRF) 101 Clay Pit Road North Augusta, South Carolina 29841 (803) 441-4242 CONTRACTOR WILL NOT BE RESPONSIBLE fOR DISPOSAL fEES. Contractor will provide in bid schedule any additional cost for alternate disposal facilities after April 30, 1998 should the Intergovernmental Agreement with the City of North Augusta not be renewed. Alternate disposal facility will be: 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 4330 Deans Bridge Road Blythe, GA 30805 (706) 592-9634 . CONTRACTOR WILL NOT BE RESPONSIBLE fOR DISPOSAL fEES. c. All bUlky waste collected as part of this Contract . - I I I I I I I I I I I I I I I I I I I 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. 2. Stoves, refrigerators, water tanks, washing machines and related items commonly known as white goods: Contractor shall submit his choice of disposal facility for approval. 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. 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. The Contractor shall observe the hours of operation of these facilities. SC-25. EMERGENCY PLAN: No later than ten (10) working days prior to initiation of service, the Contrator 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-26. 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 Wednesday 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 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 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 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 ajustments from prior reports. - A discussion of highlights and other noteworthy experiences along with measures to resolve problems, increase efficiency and increase participation. I I I I I I I I I I I I I I I . - 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 City Engineer 701 Municipal Bldg. 530 Greene Street Augusta, GA 30911 SC-27. COLLECTION REQUIREMENTS: 1. It is the purpose of the specifications to provide a framework for accomplishing the tasks which 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 both initial rollout containers, any replacement containers and additional containers to customers to be served. The number of containers distributed shall be solely the decision of the Contractor, however, the Contractor is required to provide a minimum of one rollout container per unit. Minimum rollout size will be 90 - 95 gallons. Specifications for rollout containers will be submitted for approval. Repairs to containers shall be performed by the Contractor. This includes replacements of wheels, lids, hinges, axles and handles. . . II I I I I I I I I I I I I I I 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 throughly 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) . I 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 . - 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 four (4) feet in height. Tree trunks larger than four (4) inches in diameter will not be collected. 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 seventy-five (75) pounds. No more than twenty (20) 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 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 leave a clearly explanatory printed or hand written notice for the customer and notify the City within two hours. Fallowing 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 Contrctor will be notifed by the City and must return and pick up the yard waste within eight 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: I I I I I I I I I I I I I I I I I I I The Contractor shall provide curbside collection of furniture, appliances, tires, 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. 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. 4. Container Collection - Dumpsters: The Contractor shall provide collection of refuse container at various locations as identified in attachment. a. Containers: Existing containers will be provided by 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. SC-28. 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. I I I I I I I I I I I I I I I I I I I 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 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-29. CUSTOMER COMPLAINTS AND NON-PERFORMANCE: 1. Complaint Receipt and Handling: All customer complaints shall be directed to the Contractor for handling. The Contractor shall notify City 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 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 an 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 I I I I I I I I I I I I I I 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 contractural requirement. SC-30. SURPLUS EQUIPMENT: Surplus equipment of the Sanitation Department will be offered for sale as a part of this Contract. Surplus equipment is listed in the attachment. Equipment may be inspected by appointment at the Sanitation Department. Contact person for appointment: Harry Hartley 1568 Broad Street Augusta, GA 30904 (706) 722-8762 Surplus equipment will be offered for sale to the highest bidder. . Surplus equipment will be sold in an "as is" condition. - ... An alternate deduct listed in the bid schedule may be accepted as payment for surplus equipment. 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A .L....,l - E;; ~......::f{). ,~ :!1' : ! . ! \ SECTION JL ~~~ ~o ~~ r-l-. VI . <> t: J: -, -'- T J:rrr YzlJ CONTAINER (DUMPSTER) LOCATIONS I CUSTOMER I I I I I I I I I I I I I I I OLMSTED HOMES (AHA) OAK POINT (AHA) DOGWOOD TERRACE (AHA) RICHARD E. ALLEN. JR. HOMES (AHA) CLEO P. UNDERWOOD HOMES (AHA) M.M. SCOTT REGENCY COMPLEX (AHA) CHERRY ffiEE CROSSING (AHA) GILBERT MANOR (AHA) AUGUSTA TRANSIT COMPANY AUGUSTA-RICHMOND COUNlY UBRARY AUGUSTA PUBUC WORKS (STABLES) CENTRAL SHOP CLEAN COMMUNITY COMMISSION AUGUSTA POUCE DEPARTMENT STATE CRIME LAB AUGUSTA FlRE HEADQUAR1t:RS FlRE STATION No.7 FlRE STA nON No.6 AUGUSTA GOLF COURSE JOINT LAW ENFORCEMENT CENTER CITY JAIL (STOCKADE) AUGUSTA TREES AND PARKS DEPT. PENDLETON KING PARK RIVERWALJ< WATER WORKS OPERATIONS ELECTRICAL DEPARTMENT EISENHOWER BALL PARK GARY PLACE CONDOMINIMUN ASSOC. OLD GOVERNMENT HOUSE ONE MILL PLACE COUNTRY CLUB HOME OWNERS ASSOC. GEORGE TOWN CONDOMINIMUMS PORT ROYAL ARC (WESTVlEW CEMETERY) ADDRESS BROAD STREET AT MILLEDGE ROAD EAST BOUNDARY AT EAST TAYlOR STREET SAVANNAH ROAD AT 151h AVENUE NEW SAVANNAH ROAD AT LANEY-WALJ<ER BLVD. F A1RHOPE ST. AT SAND BAR FERRY RD. SUMMER SffiEET AT LANEY-WALJ<ER BLVD. 1 51h AVENUE AT iUTT A VENUE UNIVERSllY PLACE AT GOSS AUEY 1516 WALL STREET 902 GREENE STREET 1568 BROAD SffiEET 1568 BROAD STREET 530 GREENE STREET 400 Bt.. WALTON WAY (BEHIND RED LOBSTER) 912 81h SffiEET 1099 REYNOLDS STREET CENffiAL A VENUE AT TROUPE STREET WALTON WAY AT OLD BAIUE STREET 2023 HIGHLAND A VENUE 41h STREET AT WALTON WAY WOOD Sffim AT MILLEDGE ROAD #1 8ih STREET TROUPE STREET (/:8 81h STREET 2822 CENTRAL A VENUE 1708 HIGHLAND AVENUE ElSENHO~ DRIVE 2132 GARY STREET 4ih STREET AT COURT HOUSE LANE 516 ONE MILL PLACE APT. 1-A COUNTRY CLUB CONDO. 2846 WALTON WAY 7.th STREET AT REYNOLDS STREET WESTVlEW A VENUE AT DIVISION STREET TOTAL NUMBER OF DUMPSTERS 15 10 16 8 10 6 22 l' 1 1 1 1 1 1 1 1 1 1 1 1 1 , 1 1 1 1 1 , , 1 1 , , 1 ...11L I I I I I I I I I I I I I I I I I I I I, REVISED AGREEMENT BETWEEN THE CITY OF NORTH AUGUSTA. SOUTH CAROLINA. AND RlCHMOND COUNTY, GEORGIA THIS AGREEMENT. made and entered into this It'd day of (/7<<....1- , 1996, by and among the City of North Augusta, South Carolina, hereinafter referred to as "North Augusta." and Richmond County. Georgia, hereinafter referred to as "Richmond County. " WITNESSETH :' WHEREAS, North Augusta has constructed and is operating a Material Recovery Facility (MRF) at a site provided by and located in North Augusta, South Carolina, with said facility designed for the recycling of portions of household solid waste collected within the City of North Augusta, South Carolina, and certain nearby cities and counties; and WHEREAS, North Augusta and the City of Augusta, Georgia, initially entered into a contract dated November 6, 1992, and amended on June 6, 1994, wherein the City of Augusta would furnish "co-collected" solid waste and recyclable materials to the North Augusta MRF for recycling purposes. Said contract was for five years from initial .: startup (May 1, 1993-April 30, 1998); and ~ ,. 'I I; ; i Ricrunond County, Georgia, consolidated governments, and the newly created governing WHEREAS, effective January 1, 1996, the City of Augusta, Georgia, and body of the Ricrunond County government and the City Council for the City of North I I I I I I I I I I I I I I I I I I I '! Augusta wish to enter into a revised contract that recognIzes the needs and desires of Richmond County anu conditions as they now exist. NOW THEREFORE. in consideration of the premises and the mutual promises by and among the parties hereto made, the benefits and detriments flowing to and from each of the parties herero, it is agreed as follows: 1. Richmond County Resoonsibilities: A. Richmond County shall deliver to the North Augusta MRF for recycling all residential "co-collected" solid waste and recyclable materials collected by Richmond County Urban Services District, and such delivery shall be continued thereafter during the term of this agreement. The term "Richmond CountY" shall include any agent of Richmond County authorized to collect and dispose of solid waste on behalf of Richmond County. The term "Urban Services District" shall mean the former Augusta corporate limits. The term "co-cullected household solid waste and recvclable materials" as used herein " .. .! shall mean all solid waste exclusive of yard wastes and hazardous wastes collected from the Urban Services District by Richmond County from households and other non-industrial and non-commercial facilities within the Richmond County Urban Service District, along with source separated recyclable materials placed in 2.5 mil. blue plastic bags. Richmond County will deliver an ample supply of blue bags to its citizens wilhin the Urban Services District on a regular basis and will encourage them to place their household recyclable materials in said bags. The blue bags, along with the recyclable contents, shall then be "co-collected" by Richmond County along DOCLIBRY/AGRAUGRC.DOC 2 6/6/96 I I I I I I I I I I I I I I I I I I I il Ii I; '! with the remammg household garbage for delivery to the MRF In North Augusta. B. Richmond County shall coordinate the delivery of its "co-collected" solid waste to the MRF with North Augusta to facilitate the efficient operation of the MRF and the avoidance of mixing non-Richmond County waste with the Richmond CGunty waste stream. 2. North Augusta Resoonsibilities: A. North Augusta shall maintain full responsibility for the uninterrupted operation of said MRFo North Augusta shall be responsible for all costs associated with the initial and subsequent construction, modification, operation, and maintenance of the MRF 0 B. During the recycling process, North Augusta shall remove said blue bags from the Richmond County waste stream. North Augusta shall also make a reasonable effort to recycle other loose readily visible recyclable materials which are present in the waste stream. It is realized by both parties, however, that even though reasonable efforts are made, not all recyclable materials will be recovered in this process. Cans (both ferrous and aluminum), newsprint, magazines, H.D.PoE. plastic, P.E.T. plastic, and glass shall then be removed from the blue bags and processed for recycling. C. Upon completion of removal of such materials, North Aug~ta shall reload and compact the non-recyclable residue of said household solid waste furnished by Richmond County into compaction trailers to be provided by North Augusta. Said residue shall then be transported by North Augusta to DOCLIBRY/AGRAUGRC.DOC 3 6/6/96 I I I I I I I I I I I I I I I I I I I .' ., the Richmond County Landfill. All Richmond County Landfill tipping fees pertaining to said residue shall be billed directly to and paid for by Richmond County. I' ., 3. Costs: ': A. The sole compensation to be received by North Augusta for fulfilling its obligations during the term of this agreement (and Richmond County's sole ., obligation for making any payment hereunder) shall be the sum of $1.44 per '. month to be paid by Richmond County for each "customer" served by Richmond County Urban Services District during the initial term of this " Agreement.. B. The number of customers within Richmond County's urban service district for which Richmond County shall be billed shall be 16,500 for the duration of the initial period of this Agreement. .' 4. Billing/Payment: North Augusta shall bill Richmond County on a monthly basis. All bills are due and payable within 30 days of receipt. 5. Term/Renewal: A. This Agreement shall commence upon its execution by both parties and shall continue until April 30, 1998. This Agreement may be renewed on a year-to-year basis (May I-April 30) upon written agreement by the parties no later than 30 days prior to the scheduled end of the Agreement or any renewal term thereof. " B. .1 ,. : ~ , ': '. :i II II .I !I II Jj DOCLIBRY/AGRAUGRC.DOC 4 6/6/96 I I I I I I I I I I I I I I I I I I I ;\ ,I C. In the event that the Agreement is renewed during the renewal term, the rates provided for herein may be adjusted by the adjustment in the previous year's U. S. Department of Labor Consumer Price Index--All Urban Consumers-- Southeast Region. North Augusta shall advise Richmond County no later than Septembl~r 1 prior to the scheduled end of the Agreement or any renewal term thereof of any rate so adjusted. 6. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective officers, directors, members, servants, employees, successors, legal representatives, and assigns. 7. Both parties are individually responsible for any hazardous or similar wastes delivered to the facility by such party. Any additional costs related to the handling of such wastes shall be the total responsibility of the party delivering same to the facility. 8. This Agreement shall be governed and interpreted according to the laws of the State of South Carolina. ;' ~ DOCLlBRY/AGRAUGRC.DOC 5 616/96 I I I I I I I I I I I I I I I I I I I I; I' I 9. II 1 I: This Agreement represems the entire agreement of the parties and supersedes all previous agreements between the parries relating to its subject matter. There are no other understandings or agreemems among the parries not specifically set forth herein. WITNESS: d,{~ff~ , ~c11.~ CITY OF NORTH AUGUSTA, SOUTH CAROLINA BY: ~t:U/~.~ Thomas W. Greene. Mayor ATTEST-t~~./ 9 4~ WITNESS: ~ BY: ATTEST:i ./ . /1/1.... /.4-::'.{..( ) at C,/f.,6;- I DOCLIBRY/AGRAUGRC.DOC 6 6/6/96 I I I I I I I I I I I I I I I I I I I EXISTING SANITATION EMPLOYEES SECTION I C. Collins, Truck Driver A. Henley, Collector w. Baker, Collector SECTION II E. Ramsey, Truck Driver W. Rhodes, Collector R. Pugh, Collector C. Brown, Truck Driver C. Coates, Collector R. Williams, Collector SECTION III L. Strensrub, Truck Driver W. Lynn, Collector K. Dunn, Collector C. Ivey, Truck Driver S. Huff, Collector E. Watkins, Collector E. Hughes, Heavy Equipment Operator B. Robinson, Collector A. Mitchell, Collector B. Cradle, Collector TO BE PLACED 3ECTION IV T. Allen Truck Driver E. Alley, Collector T. Dougherty, Collector W. Johnson, Truck Driver SECTION V J. Harris, Truck Driver M. Mathis, Collector R. Green, Collector D. Boatright, Truck Driver J. Mealing, Collector A. Herndon. Collector Q. Jordan, Truck Driver D. D'Antignac, Heavy Equipment Operator S. Goggins, Collector D. Lester, Collector SECTION VI J. Boatright, Heavy Equipment Operator I I I I I I I I I I I I I I I I I I I SURPLUS EQUIPMENT INVENTORY TYPE SERIAL No. VEHICLE NUMBER DESCRIPTION F1.A mED DUMP TRUCK MEDIUM GRAPPLE: 'TRUCK REFUSE "TRUCK FRONT END LOADER 33200 33204 33205 33210 33217 33223 33224 33225 33226 33229 33233 33234 33235 33238 33227 33231 33232 33237 33239 3'3221 33230 1983 FORD MmED DUMP TRUCK 1983 FORD F't..A TeED DUMP TRUCK 1992 INlERNATIONAL GRAPPLE TRUCK 1993 INTERNATIONAL GRAPPLE TRUCK 1987 INTERNATIONAL REFUSE GETIER 1990 INTERNATIONAL REFUSE GETTER 1990 FORD REFUSE GETTER 1989 INlERNA TIONAL REFUSE GETTER 1989 INTERNATIONAL REFUSE GETIER 1981 INTERNATIONAL REFUSE GETTER 1983 IN1ERNATIONAL REFUSE GETIER 1984 INTERNATIONAL REFUSE GETTER 1984 INTERNATIONAL REFUSE GETTER 1986 INTERNATIONAL REFUSE GETIER 1994 Ford Refuse Getter 1994 Ford Refuse Getter 1994 Ford Refuse Getter 1994 Ford Refuse Getter 1994 Ford Refuse Getter 1993 Internatimal Front End Loader 1993 International Front End Loader 1FDNF70H5DVA17500 1FDNF70H7DVA17501 1HTSCPHP6PH487701 1HTSCPHP1PH487704 1H~8HH471362NBODY 1HTSHZ7R3MH340201 1 FDYU82AXL V A34 736NBODY 1H~4KH665409NBODY SHOP 1H~H665408NBODY 2HT~955BCA13044 ZHTAF19540CA12518 1 HT AF1956EHA20260 1 HT AF1958EHA20244 1 HTI.KYR9GHA26579 1FDZW82E9SVA39619 IFDZW82E5SVA39617 1FDZW82E7SVA39618 1FDZW82EOSVA55398 lFDZW82E5SVA39620 1HTGHN6T5PH523759 1HTGHN6TXPH536197