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HomeMy WebLinkAboutCONTRACT WITH AUGUSTA LAWN & TURF FOR GROUNDS AND LANDSCAPING AT AUGUSTA REGIONAL AIRPORT � .. r' p �y' r:;;,, 1, � �,� �i � �� �� CONTR.ACT FOR GROUNDS AND LANDSCAPING MAINTENANCE AT THE AUGUSTA REGIONAL AIRPORT Between AUGUSTA-RICHMOND COUNTY And AUGUSTA LAWN & TURF, INC. 1 Augusta Lawn & Turf Ina Contract This Contract for Grounds and Landscaping Maintenance (hereinafter designated as the "Contract") made and entered into as of � a� (DATE), by and between AUGUSTA-RICHMOND COUNTY FOR THE AUGUSTA REGIONAL AIRPORT, (hereinafter designated as "Airport") and AUGUSTA LAWN & TURF, INC. (hereinafter designated as "Contractor"), WITNESSETH: WHEREAS, Augusta-Richmond County is the owner and operator of a full service commercial airport known as the Augusta Regional Airport; WHEREAS, Augusta-Richmond County has solicited a bid for Contract Grounds and Landscaping Maintenance for the Airport and the Contractor submitted a Bid for said services which was accepted by Augusta-Richmond County on behalf of the Airport; NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, Augusta-Richmond County and the Contractor hereby agree as follows: The Services of the Contractor shall be in accordance with the scope of services and all provisions provided herein. SECTION I GENERAL CONDITIONS 1.1 DEFINTIONS In addition to the terms that may be defined in the Bid document, which are incorporated herein by reference; the following terms have the following meanings 2 Augusta Iawn & TurFInc. Contract l whenever used in the Contract Documents (defined below), or in related documents, the terms or pronouns used in place of them shall be defined as follows: 1.1.1 Administrator- the employee assigned to administer this Contract 1.1.2 Airport — Augusta Regional Airport 1.1.3 Aviation Commission- the Commissioners tasked with the overall administration of the Airport. L 1.4 Aviation Director - Gary LeTellier, the person tasked with the day to day operations of the Airport. 1.1.5 Augusta-Richmond County - Augusta-Richmond County Commission 1.1.6 Change Order - A written order initiated by the Administrator or Aviation Director directing the Contractor to perform changes, additions, or deletions in the work. 1.1.7 Contractor - The individual, partnership, or corporation who enters into a Contract with Augusta-Richmond County for the services as described in the General Conditions and the Performance Work Statement. 1.1.8 Contract Documents — The Bid, Form of Contract, General Conditions; Special Conditions, Performance Work Statement; Contractor's Technical and Cost inclusive, together with all addenda, supplemental change orders, required exhibits, and schedules. 1.1.9 Contract - The written agreement between Augusta Richmond County and the Contractor for the performance of the work in accordance with the requirements of the Contract Documents. 3 Augusta Lawn & Turf Ina Contract 1.1.10 General Manager - The person authorized by the Contractor to act fully on behalf of the Contractor in administering this Contract. l.l.11 Performance Work Statement — The documents which describe the manner of performing the work, including detailed technical requirements as to labor, materials, equipment, and methods by which such work is to be performed, and describing the relations between Augusta-Richmond County and the Contractor. 1.1.12 Routine Work - As specified in the Performance Work Statement. 1.1.13 Subcontractor - Any individual, partnership, or corporation who is contractually bound to the Contractor to perform a specific portion of the total work package under this Contract which is limited to special projects approved by the Administrator. 5�' 1.1.14 Term - That period of time beginning T,��e �� 2011 and ending �� �A � 2012. 1.2 INDEPENDENT CONTRACTOR/SUBCONTRCTOR Contractor is acting, in performance of this Contract, as an independent contractor. Personnel supplied by the Contractor or its agents or subcontractors hereunder are not Augusta-Richmond County's or the Airport's employees or agents and Contractor assumes full responsibility for their acts. Contractor shall be solely responsible for the payment of compensation to Contractor's employees. Augusta- Richmond County shall not be responsible for payment of worker's compensation, disability benefits, and unemployment insurance or for withholding and paying employment taxes for any Contractor employee, or Contractor's subcontractors or agent's 4 Augusta Lawn & Turf Ina Contract employees, but such responsibility shall be solely that of Contractor. This clause of the contract does not prevent Airport from requiring Contractor to have its employees follow normal rules and guidelines for work performance, redirecting the efforts of the employees to meet the needs of the facilities, performing safety or from requiring Contractor to perform the requirements of this Contract satisfactorily, according to the General Conditions and Performance Work Statement. 1.3 CONTRACTOR'S PERFORMANCE 1.3.1 Contractor shall, at its own expense, furnish all necessary management, supervision, labor, technical support and other accessories and services for maintenance, and the performance of other services as described in these Contract Documents. Such services shall be performed in strict accordance with the General Conditions and Performance Work Statement. 13.2 All performance shall be subject to inspection and approval by the Aviation Director or his designee as provided in said Performance Work Statement. If the Contractor's performance is, or becomes unsatisfactory, as determined by the Aviation Director, an appropriate reduction in payment due will be made from Contractor's invoice and Contractor will be directed to correct the unsatisfactory performance. The correction of unsatisfactory performance shall be at no additional cost to Airport. 1.3.3 No Partnership or Joint Venture; Independent Contractor. Nothing contained in this Contract will be deemed to create a partnership or joint venture between Augusta-Richmond County and Contractor or cause 5 Augusta Lawn & Turf Ina Contract Augusta-Richmond County to be responsible for the debts or obligations of Contractor or any other party. Contractor must not represent to anyone that its relationship to Augusta-Richmond County is other than as Augusta-Richmond County's Contractor. Contractor must act as an independent agent and not as the agent of Augusta-Richmond County in performing this Contract, maintaining complete control over its employees and all of its lower-tier suppliers and subcontractors. Nothing contained in this Contract or any lower tier purchase order or subcontract awarded by Contractor will create any contractual relationship between any lower-tier supplier or subcontractor and Augusta-Richmond County. No act or direction of Augusta-Richmond County shall be deemed to be the exercise of supervision or control of the Contractor's performance hereunder. 1.4 AUTHORIZED REPRESENTATIVES 1.41 AUGUSTA-RICHMOND COUNTY/AIRPORT'S REPRESENTATIVE Airport's Representative shall be Gary LeTellier, Aviation Director or his designee. 1.4.2 CONTRACTOR'S REPRESENTATIVE(S) Contractor must designate in writing a person(s) acceptable to Airport to serve as its representative ("Contractor's Representative") in all dealings with Airport. The initial Contractor's Representative will be Contractor's Representative may be changed upon prior written notice � delivered to Airport's Representative. 6 Augusta Lawn & Turf Ina Contract 1.5 PATENT INDEMNITY Except as otherwise provided, the Contractor agrees to indemnify Augusta- Richmond County and its Board of Commissioners, officers, agents and employees against liability, including costs and expenses for infringement upon any letters or patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of Augusta-Richmond County of supplies furnished or construction work performed hereunder. 1.6 CHANGES Augusta-Richmond County may, during the Contract period, make changes to the Scope of Work, which may result in changes to the general scope of the Contract and its provisions. Written agreements, changes, or amendments to this Contract shall not be binding upon Augusta-Richmond County unless signed by the Aviation Commission. 1.7 TERM The term of this Contract shall commence on �Tur+2 � 5 � ,2011, and shall continue for a period of one (1) year from that date, unless terminated by Airport as provided in paragraph hereof. The Contract may be renewed for one additional year at the sole option of Augusta-Richmond County. Augusta-Richmond County shall notify the Contractor at least ninety (90) days prior to the expiration date of its intent to renew this Contract. � 1.8 TERMINATION 1.8.1 Augusta-Richmond County may, at its sole option, terminate the Contract with or without cause at any time upon thirty (30) days written notice by 7 Augusta Lawn & Turf ]nc. Contract certified mail to the Contractor without prejudice to any other right or remedy it may have. 1.8.2 This Contract shall terminate immediately upon written notice by Augusta-Richmond County upon the occurrence of any of the following circumstances: 1.8.2.1 If, with or without the Contractor's consent, a receiver, liquidator, trustee or similar administrator is appointed to take charge of all, or substantially all, of its assets; 1.8.2.2 If either the Contractor is adjudged, or becomes bankrupt or insolvent, is unable to pay its debts as they become due, or makes an assignment for the benefit of its creditors; 1.8.2.3 Of any judicial proceedings are commenced by or on behalf of the Contractor pursuant to any bankruptcy, insolvency or debtor relief law; 1.8.2.4 If the Contractor voluntarily or involuntarily undertakes to dissolve or wind-up its affairs. 1.8.3 Augusta-Richmond County shall be the sole judge of non-performance, which shall include any failure on the part of Contractor to accept the award, to furnish required documents, and/or to fulfill any portion of this Contract within the time stipulated or within thirty (30) days, whichever is earlier. 1.8.4 Upon failure of Contractor to perform any of its obligations hereunder and its failure to cure the default within ten (10) days after notice thereof, 8 Augusta Lawn & Turf Inc. Contract Augusta-Richmond County may, at its option, terminate this Agreement and or pursue any other remedy at law or in equity. All such remedies are cumulative and may be exercised concurrently or separately. Contractor shall pay Augusta-Richmond County's all costs and expenses, including attorney's fees, incurred by Augusta-Richmond County in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereof. 1.8.5 Notice of elective termination pursuant to this paragraph shall be deemed effective on the third business day after the postmark date of the certified mail notice. 1.8.6 This Contract shall terminate automatically and immediately upon the closing of the Airport facilities by Augusta-Richmond County, or if Augusta-Richmond County loses the funding necessary to maintain the Contract. Cancellation will be at no cost to Augusta-Richmond County, except for services already provided. 1.9 COMMERICAL ACTIVITIES Neither Contractor nor its employees may establish any commercial activity or issue concessions or permits of any kind to third parties for establishing activities at the Airport. 1.10 RECORDS AND AUDIT Contractor and its subcontractors shall maintain records and accounts in connection with all aspects in the performance of this Contract, including those which will accurately document incurred costs, both direct and indirect, of whatever nature, 9 Aug�sta Lawn & Turf Inc. Contract during and for a period of three (3) years from the expiration or other termination of this Contract, unless otherwise specified by applicable law. Augusta-Richmond County may examine and copy, at all reasonable times, with advance notification, those records and accounts. Contractor shall maintain all records in a central location in Augusta-Richmond County. 1.11 CONTINGENT FEES Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Contract; and that Contractor has not paid or agreed to pay any company, association, corporation, firm or person, other than a bona fide employee working for Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this warranty and upon a finding after notice and hearing, Augusta-Richmond County may terminate the Contract and, at its discretion, may deduct from the Contract Sum, or otherwise recover the full amount of any such fee, commission, percentage, gift or consideration. 1.12 RIGHTS AND REMEDIES The rights and remedies of Augusta-Richmond County provided in this paragraph are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 1.13 NON-APPROPRIATIONS Notwithstanding anything contained in this Contract, if sufficient funds have not been appropriated to support continuation of this Contract for an additional calendar year or an additional term of the Contract, this Contract shall terminate absolutely and without 10 Augusta Lawn & Turf Inc. Contract further obligation on the part of Augusta-Richmond County at the close of the calendar year of its execution or if Augusta-Richmond County suspends performance pending the appropriation of funds. 1.14 REPRESENTATIONS AND WARRANTIES Contractor's Representations and Warranties Regarding Capacity to Contract and Perform Work/Services. In order to induce Augusta-Richmond County to enter into this Contract, Contractor hereby represents and warrants to Augusta- Richmond County as of the date above written that: 1.14.1 Contractor is duly organized and validly existing in good standing under the laws of the state of Georgia in which it is organized, is qualified to do business in all jurisdictions in which it is operating, and has the power and authority to execute and deliver and to perform its obligations under this Contract and the documents to which it is signatory; and 1.14.2 The execution, delivery and performance by Contractor and its undersigned representative(s) of this Contract and other documents to which Contractor is a signatory do not require the approval or consent of any other person, entity or government agency and do not result in any breach of any agreement to which Contractor is a party or by which it is bound; and 1.14.3 The execution, delivery and performance by Contractor of this Contract and other documents to which it is a signatory have been duly authorized by all necessary action, and constitute legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with its terms; 11 Augusta Lawn & Turf Inc. Contract 1.14.4 No action, suit or proceeding to which Contractor is a party is pending or threatened that may restrain or question this Contract, or any other document to which it is a signatory, or the enjoyment of rights or benefits contemplated herein; and 1.14.5 Contractor has all State of Georgia Licenses and permits required for the performance of Landscaping and Grounds Maintenance services and shall only use properly licensed and trained persons to perform such services. 1.15 ASSIGNMENT Without the prior written consent of Augusta-Richmond County, Contractor may not assign, transfer or convey any of its interests under this Contract, nor delegate any of its obligations or duties under this Contract except as provided herein. 1.15.1 Consent of Augusta-Richmond County Required. Any assignment of this Contract or rights under this Contract, in whole or part, without the prior written consent of Augusta-Richmond County will be void, except that, upon ten (10) calendar days prior written notice to Augusta-Richmond County, Contractor may assign monies due or to become due under this Contract. Any assignment of monies will be subject to proper setoffs in favor of Augusta-Richmond County and to any deductions provided for in this Contract. 1.15.2 No Relief of Responsibilities. No assignment will be approved which would relieve Contractor of its responsibilities under this Contract. 12 Augusta Lawn & Turf Inc. Contract 1.15.3 Parties Bound. This Contract will be binding upon and inure to the benefit of Augusta-Richmond County and Contractor and their respective successors and assigns. 1.16 NOTICES 1.16.1 Delivery. All notices given by either party to the other under this Contract must be in writing and may be delivered by: (i) regular mail, postage prepaid; (ii) certified or registered mail; (iii) facsimile; or (iv) hand- delivery, to the parties at the addresses and facsimile numbers set forth in the Clause titled "Addresses". 1.16.2 Receipt. Notices sent by mail will be deemed to be received upon deposit in the mail, properly addressed. Notices sent by certified or registered mail will be deemed to be received upon the date of the acknowledgment. Notices sent by facsimile will be deemed to be received upon successful transmission to the proper facsimile number. Notices delivered by hand- delivery will be deemed to be received upon acceptance by the respective party or its agent. 1.16.3 Change of Address or Facsimile Number. Either party may, at any time, change its respective address or facsimile number by sending written notice to the other party of the change. 1.16.4 Addresses. To AUGUSTA-RICHMOND COLTNTY: For all notices to Augusta-Richmond County the address will be: Airport Director 13 Augusta Lawn & Turf Inc. Contract Augusta Regional Airport 1501 Aviation Way Augusta, Georgia 30906 With a copy to: Augusta General Counsel Augusta Richmond County Department of Law 501 Greene St. Augusta, Georgia 30901 To CONTRACTOR: For all notices to CONTRACTOR the address will be: Augusta Lawn & Turf, Inc. 3618 Phillips Drive Martinez, GA 30907 (706) 868-8696 Telephone (706) 863-0999 Fax Attn: Larry Price, Jr. 1.17 WAIVER The failure of Augusta-Richmond County to seek redress for any violation of or to insist upon the strict performance of, any term of this Contract will not prevent a subsequent violation of this Contract from being actionable by Augusta-Richmond County. The provision in this Contract of any particular remedy will not preclude Augusta-Richmond County from any other remedy. 1.18 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor covenants and agrees that it, its agents and employees will comply with all Georgia, county, state, and federal laws, rules, regulations, and ordinances applicable to the work to be performed under this Contract, and that it shall obtain all necessary permits, pay all license fees and taxes to comply therewith. Further, Contractor 14 Augusta Lawn & Turf Inc. Contract agrees that it, its agents, and employees will abide by all rules, regulations, and policies of Airport during the term of this Contract, including any renewal periods. In the event that any governmental authority imposes new or materially increased taxes upon the Contractor's operations, the parties agree to negotiate changes in billing reflecting such increased tax costs. L 19 INSURANCE 1.19.1 During the term of this Contract, Contractor shall provide, pay for, and maintain with companies reasonably satisfactory to Augusta-Richmond County and the Aviation Commission, the types of insurance as set forth in Augusta-Richmond County Code, and Georgia law as the same may be amended from time to time, and as described herein. All insurance shall be issued by insurance companies eligible to do business in the State of Georgia and Best Rated A- or equivalent. In the event of a conflict between the provisions of Augusta-Richmond County Code and this Contract, the more stringent requirement shall govern. In no event shall Contractor maintain any insurance less than the requirements set forth in Augusta-Richmond County Code, as amended. 1.19.2 All liability policies of Contractor and its subcontractors shall provide coverage that includes, or has the same substantive effect as the following: 1.19.2.1 Augusta-Richmond County and each of its Commissioners, officers, agents, elected representatives, Aviation Commission, volunteers, and employees, in their respective 15 Augusta Lawn & Turf Inc. Contract capacities as such, shall be additional insured hereunder with respect to the products, premises, and operations of the named insured. 1.19.2.2 It is agreed that this insurance policy shall apply as primary, and any insurance and/or self-insurance as may be maintained by Augusta-Richmond County or its Commissioners, officers, agents, elected representatives, volunteers, and employees shall apply in excess of, and shall not contribute with insurance provided by this policy." 1.19.2.3 This insurance shall not be materially changed, altered, canceled, or non-renewed until after thirty (30) days advanced written notice has been given to Augusta-Richmond County except that only ten (10) days notice shall be required in the event of cancellation due to non-payment of premium." 1.19.3 All such evidence of insurance shall be in the form of certificates of insurance satisfactory to Augusta-Richmond County and its Risk Manager, accompanied by a certified true copy of an endorsement to each policy containing the above language. The insurance coverage and limits required shall be evidenced by properly executed certificates of insurance. These certificates shall be signed by the authorized representative of the insurance company shown on the certificate. The required policies of insurance shall be in compliance with the laws of the State of Georgia. 16 Augusta Lawn & Turf Inc. Contract 1.19.4 If at any time the Aviation Director requests a written statement from the insurance company as to any impairment to the aggregate limit, Contractor shall promptly authorize and have delivered such statement to the Aviation Commission. Contractor authorizes the Aviation Commission and/or Augusta-Richmond County's Risk Manager to confirm with Contractor's insurance agents, brokers, and insurance companies all information furnished. 1.19.5 The acceptance of delivery to Augusta-Richmond County and the Aviation Commission of any certificate of insurance evidencing the insurance coverage and limits required under this Contract does not constitute approval or acceptance by Augusta-Richmond County or the Aviation Commission that the insurance requirements in this Contract have been met. No operations shall commence at the Airport unless and until the required certificates of insurance are in effect and approved by Augusta-Richmond County. 1.19.6 The Contractor and Augusta-Richmond County understand and agree that the minimum limits of the insurance herein required may, from time to time, become inadequate, and Contractor agrees that it will increase such minimum limits upon receipt of written notice defining the basis of the increase. The Contractor shall furnish Augusta- Richmond County, within sixty (60) days of the effective date thereof, a certificate of insurance evidencing that such insurance is in force. 1� Augusta Lawn & Turf Inc. Contract 1.19.7 Contractor's insurance companies or its authorized representative shall give Augusta-Richmond County and the Aviation Commission thirty (30) days prior written notice of any cancellation, intent not to renew, or material reduction in any policy's coverage, except in the application of the Aggregate Limit Provisions. In the event of a reduction to the Aggregate Limit, it is agreed that immediate steps will be taken to have the prior Aggregate Limit reinstated. 1.19.8 If at any time the Airport Director requests a written statement from the insurance companies as to any impairments to the Aggregate Limit, prompt authorization and delivery of all requested information will be given to the Aviation Commission. Renewal Certificates of Insurance must be provided to Augusta-Richmond County and Aviation Commission as soon as practical but in every instance prior to expiration of current coverage. 1.19.9 The amounts and types of insurance shall conform to the following minimum requirements with the use of Insurance Service Office policies, forms, and endorsements or broader, where applicable. Notwithstanding the foregoing, the wording of all policies, forms, and endorsements must be reasonably acceptable to Augusta-Richmond County and Aviation Commission. 1.19.10 Workers' Compensation and Employer's Liability Insurance shall be maintained in force by Contractor during the term of this Agreement for all employees engaged in the operations under this Agreement. The 18 Augusta Lawn & Turf [na Contract limits of coverage shall not be less than: Workers' Compensation Georgia Statutory Employer's Liability $1,000,000 Limit Each Accident $1,000,000 Limit Disease Aggregate $1,000,000 Limit Disease Each Employee 1.19.11 Property Damage. Property damage liability insurance including coverage of motor vehicle, business auto liability insurance, including Hired and Non-Owned Automobile Liability with limits not less than $5,000,000, naming Augusta-Richmond County and the Aviation Commission as an additional insured. 1.19.12 Contractor shall maintain in force throughout the term of this Agreement, $1,000,000 (One million dollars) in Broad Form Comprehensive General Liability insurance. L 19.13 Automobile Liability Insurance - Covering all owned, non-owned and hired vehicles, used in connection with the work as set forth in section 1.19.11 above. These policies must be endorsed to indicate that any premium, whether deposit or final, will be the sole obligation of the Contractor. 1.19.14 Contractual Liability Insurance - Covering all liability arising out of the � terms of the Contract Documents, in amount as indicated above. 19 Augusta Lawn & Turf Ina Contract 1.19.15 The Commercial General Liability Insurance coverage as required in the paragraph above shall include those classifications, as listed in Standard Liability Insurance Manuals, which are applicable to the operations of the Contractor in the performance of this Contract. 1.19.16 Herbicide and pesticide environmental liability coverage with limits no less than $5,000,000. 1.19.17 An insurance binder letter or a Certificate of Insurance must be sent to: Augusta-Richmond County of Augusta Risk Manager 530 Greene Street Room 217 Augusta, Ga. 30901 (706) 821-2502 (Fax) 1.20 INDEMNIFICATION AND HOLD HARMLESS Except where, and to the extent caused by the gross negligence of Augusta- Richmond County, its agents, employees, contractors, officers or the Board of the Aviation Commission, Contractor shall protect, defend, reimburse, indemnify, and hold Augusta-Richmond County, the Aviation Commission, its members, agents, employees, and elected officers and each of them, free and harmless at all times as set forth in Augusta-Richmond County Code, and particularly Article 1, Chapter 3, Division 1, Section 1-3-8.5, Indemnity and Insurance, as the same may be amended from time to time, and described herein. In the event of a conflict between the provisions of Augusta- Richmond County Code and this Contract, the broader requirement shall govern. 20 Augusta Lawn & Turf ]nc. Contract 1.21. FORCE MAJEURE 1.21.1 Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation, except the payment of money, is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of the affected party, or by a strike, lockout or other labor difficulty, the settlement of which shall be within the sole discretion of the party involved. � 1.21.2 Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Contract. In the event either party is prevented or delayed in the performance of this obligation by reason of such Force Majeure, there shall be an equitable adjustment of the schedule. 1.21.3 Contractor will not be liable for failure to perform or for delay in performance as a result of Force Majeure, including the following: 1.21.3.1 any cause beyond its reasonable control; 1.21.3.2 any act of God; 1.21.3.3 inclement weather; 1.21.3.4 earthquake; 1.21.3.5 fire; 1.21.3.6 explosion; 21 Augusta Lawn & Turf Ina Contract 1.21.3.7 flood; 1.21.3.8 strike or other labor dispute; 1.21.3.9 any shortage or disruption of or inability to obtain labor, material, manufacturing facilities, power, fuel or transportation from unusual sources, or any other transportation facility; 1.21.3.10 delay or failure to act of any governmental or military authority; 1.21.3.11 any war, hostility or invasion; 1.21.3.12 any embargo, sabotage, civil disturbance, riot or insurrection; 1.21.3.13 any legal proceedings; or 1.21.3.14 failure to act by Contractar's suppliers due to any cause which Contractor is not responsible, in whole or in part. 1.22 PERMITS Contractor shall obtain and maintain at all times all necessary licenses, permits and certifications to perform the work described in the Contract. Contractor shall furnish copies of all licenses, permits, and certifications to the Administrator. 1.23 WORK PERMITS REQUIRED Contractor agrees and acknowledges that its employees and agent's employees, as well as any subcontractors or subcontractors' personnel, working on the Contract must be United States citizens, or must be lawfully admitted for residence and be permitted to 22 Augusta Lawn & Turf Inc. Contract work in the United States under the Immigration and Naturalization Act, 8 U.S.C. 1101, et seq. 1.24 NON-DISCRIMINATION The Contractor shall not discriminate against any employee, or applicant for employment, because of race, creed, religion, color, sex or national origin, marital status, physical handicap or sexual orientation. Further, Contractor agrees, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use Airport, (2) in the furnishing of services at Airport, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination, and (3) Contractor shall use Airport facilities in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152 and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as such Title and Regulations may be amended. 1.25 AIRPORT SECURITY REQUIREMENTS/ SPECIAL IDENTIFICATION DISPLAY AREA (SIDA) BADGES Contractor's employees may be required to operate in Airport secure areas. Contractor shall be required to obtain the Airport's Special Identification Display Area (SIDA) badges for any employee working in the secured area. Contractor shall comply, at its own expense, with the Transportation Security Authority (TSA) and the Airport's security requirements for the Airport including, but not limited to employee training and 23 Augusta Lawn & Turf Ina Contract badges. Contractor shall cooperate with the TSA and the Airport on all security matters and shall promptly comply with any project security arrangements established by the Airport. Compliance with such security requirements shall not relieve Contractor of its responsibility for maintaining proper security for the above-noted items, nor shall it be construed as limiting in any manner Contractor's obligation with respect to all applicable federal, state and local laws and regulations and its duty to undertake reasonable action to establish and maintain secure conditions at and around the Premises and throughout the Airport. All employees shall be properly badged and comply with all Airport safety and security rules. 1.25.1 To qualify for the badge, individual must be fingerprinted and have a background investigation completed. In addition, the Airport will conduct a background inquiry and require finger printing of all individuals who will be working on the secured side of the Airport screening point. This may also include collection of appropriate criminal history information, contractual and business associations and practices, employment histories, reputation in the business community and credit reports for the Contractor, as well as, its employees. 1.25.2 Contractor consents to such an inquiry and agrees to make available to the Airport such books and records the Airport deems necessary to conduct the review. 1.25.3 Contractor shall pay all costs associated with providing SIDA badges. 1.26 HAZARDOUS MATERIALS. 24 Augusta Lawn & Turf Inc. Contract Contractor shall not cause or permit any Hazardous Material to be brought, kept or used in or about the P Airport by Contractor, its agents, employees, subcontractors, or invitees. Without limiting the foregoing, if the presence of any Hazardous Material in the Airport caused or permitted by Contractor results in any contamination of the Airport, Contractor shall promptly take all actions at its sole expense as are necessary to return the Airport to the conditions existing prior to the introduction of such Hazardous Material to the Airport; provided that Airport's approval of such actions, and the corrective actions to be used by Contractor in connection therewith, shall first be obtained. The term "Hazardous Material" means any hazardous or toxic substance, material, or waste, which is or becomes regulated by any local governmental authority or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance which is (i) defined as a"hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" or similar term under any laws now or hereafter enacted by the United States or the State of Georgia or any political subdivision thereof, or (ii) designated a"hazardous substance" pursuant to the Federal Water Pollution Control Act, 33 U.S.C. § 1317, or (iii) defined as a"hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C.§ 6901 et seq., or (iv) defined as a"hazardous substance" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. SECTION 2 SCOPE OF SERVICES 25 Augusta Lawn & Turf Inc. Contract 2.1 The Contractor shall provide all necessary management, supervision, labor, tools, equipment, materials, vehicles, plants, mulch and any other such items required to complete any or all of the following services at any or all of the landside facilities of the Airport: 2.1.1 litter control/pickup; 2.1.2 power blowing; 2.1.3 planted bed maintenance; 2.1.4 lawn mowing/turf management; 2.1.5 application of fertilizer, pesticides, herbicides and other necessary treatment; 2.1.6 miscellaneous support depending on Masters' Week and other events; 2.1.7 leaf removal; 2.1.8 seasonal planting; 2.19 tree maintenance; and 2.20 other related landscape and ground maintenance activities as requested. 2.2 The services described above and in the Performance Work Statement are to be provided to the following area types: The required grounds/landscaping work is described, by area, below. Any workers assigned to work in a secured area are required to pass the background and security checks in order to be "badged" or they must be escorted by a"badged" Contractor employee the entire time they are in these secured areas. AREA TYPE APPROXIMATE QUANTITY Parking Lots 25.1 acres 26 Augusta Lawn & Turf lnc. Contract Roadway 4.4 acres (9,500 lineal feet) Sidewalks 39,700 square feet Grass 0.13 acres Mulched beds (trees) 16,800 square feet Pianted/mulched beds 46,600 square feet Forest/other 15.0 acres Trees` 460 each Area 1: interior ardens — Secured Concourse Area Task Times/ Year Quantit Units Police/litter control 261 13,400 Square Feet Seasonal lantin 2 2 Planters Weed beds/ round cover 20 5,610 Square Feet Edge lawns, beds, ground 14 850 Lineal Feet cover Trim shrubs/hed es 4 5,610 Square Feet Prune shrubs/hed es 1 1,220 S uare Feet Replenish mulch/turn beds 6 5,610 Square Feet Fertilize/treat beds 2 5,610 S uare Feet Mow lawn 42 0.13 Acre Aerate lawn 1 0.13 Acre Fertilize/treat lawn 6 0.13 Acre Area 2: Passen er Terminal Perimeter Task Times/ Year Quantit Units Seasonal lantin 2 11 Planters Weed beds/ round cover 12 5,900 S uare Feet Edge lawns/beds/ground 14 850 Lineal Feet cover Trim shrubs/hed es 4 5,900 S uare Feet Prune shrubs/hed es 1 1,220 Square Feet Replenish mulch/turn beds 6 5,900 S uare Feet Fertilize/treat beds 2 5,900 Square Feet Area 3: Balance of Airside Site Task Times/ Year Quanti Units Seasonal lantin 2 2 Areas Litter control/ olicin 52 25.10 Acres Power blow parkin lots 12 25.10 Acres Weed beds/ round cover 12 28,500 Square Feet Ed e lawns/beds/ round 14 11,500 Lineal Feet 27 Augusta Lawn & Turf Inc. Contract cover Trim shrubs 4 28,500 Square Feet Trim hed es 3 6,600 Square Feet prune shrubs/hed es 1 35,100 Square Feet Replenish mulch/turn beds (trees) 2 16,800 Square Feet Fertilize/treat beds 2 35,100 Square Feet Tree maintenance 1 460 trees Trees Leaf collection and removal 6 20 acres Acres 2.3 PERFORMANCE WORK STATEMENT The Contractor shall provide comprehensive maintenance and upkeep of the grounds and landscaping on the Airport site as described. This shall include, but not be limited to, the operation and maintenance of irrigation systems, fencing, sidewalk, parking lot, driveway, patio, plaza, benches, lawns, ground cover, steps, plantings, beds, shrubs, flowers, trees, signage, preparation for special events, policing, litter removal, emptying and maintenance of exterior trash containers, leaf collection and removal, turf management and related activities. 2.4 GROUNDS/LANDSCAPING MAINTENANCE PERFORMANCE METRICS These tasks and functions must be performed routinely, and done in a workman- like manner in order to achieve the highest level of quality necessary to the appearance of the Airport landside site. 2.5 LITTER CONTROL Contractor personnel shall be responsible on a daily basis for the pickup and disposal of litter, trash, and other debris from the designated sites. Emphasis is to be placed on the policing and cleaning of areas such as parking lots, walkways, and 28 Augusta Lawn & Turf Inc. Contract roadways. This function must be performed on a priority basis, and shall be the first daily activity. The site shall be completely free from litter, debris, trash, and any other unwanted substances or items on the ground, in shrubs, flowerbeds, paved areas, or trees. 2.6 LAWN MOWING The frequency for grass cutting will vary depending on the season. Generally, the grass should be maintained on a four (4) to seven (7) day cycle during the rapid growing season and a ten (10) to fourteen (14) day cycle in the slow growing season. Grass cutting shall include the uniform mowing of all lawns, weed-eating around obstacles, edging of all sidewalks and surface areas which abut the grass areas and blowing off and/or removing mowing grass clippings and debris from roadways, walkways, and parking lots. Contractor shall ensure that all assigned personnel wear proper and appropriate personal protective gear, eye and hearing protection, and boots. 2.6.1 The grass mowing shall be done to provide a uniform and consistently appearing 2'/2 inch level of grass by removing no more than 1/3 of the length of the grass at each mowing The grass shall not be allowed to grow to more than 3'/2 inches. The grass mowing shall be on a scheduled, continuous basis to present a consistent appearance. 2.6.2 The Contractor shall ensure cutting blades on the mowing equipment is sharp at all times. All safety devices provided with this machine and all other types of equipment shall always remain in good working condition and shall not be removed. 2.6.3 During the edging procedures, no steel blade edges shall be used along sidewalks with brick pavers or other masonry-like materials. These areas 29 Augusta Lawn & Turf Inc. Contract shall be trimmed using weed-eaters with synthetic string, to avoid damage to the adjacent area. 2.6.4 While the grass mowing is being completed, the worker shall be especially cognizant and aware of pedestrians and other traffic in the area and shall act in a courteous manner when interrupted, and shall always keep the safety of the pedestrians foremost in their minds. 2.7 SHRUB AND BED MAINTENANCE The shrubbery and other plantings within the described sites are the responsibility of the Contractor. The maintenance of the shrubbery also includes the maintenance of beds around the shrubbery, and other adjacent ground cover and beds within the area. 2.7.1 On a daily basis, all beds shall be policed for litter and other foreign debris. Weeds shall be removed from the beds on a bi-weekly basis, or as they appear. As the mulch or ground cover becomes matted, it is to be turned and freshened as necessary. All shrubs and other plantings which require pruning should be pruned no more than one (1) time per year and should be trimmed approximately six (6) times or as needed per year in order to maintain an attractive appearance. 2.7.2 Comprehensive bed maintenance shall be performed for combined shrub and flower beds a minimum of four (4) times per year. This comprehensive maintenance shall include: 2.7.2.1. fertilization of the plantings; 2.7.2.2. turning, refreshing, and replacement of mulch and ground cover; 2.7.2.3. trimming along the edges of the beds; and 30 Augusta Lawn & Turf Ina Contract 2.7.2.4. replacement of any protective barriers. 2.8 SPRAYING/FERTILIZER MAINTENANCE The application of various chemicals shall be limited to those chemicals that are deemed acceptable by the Environmental Protection Agency and have been approved for use at Airport. Basically, the application of these chemicals shall be as follows: 2.8.1 apply insecticide and fungicide to plant life as determined by the designee or as needed; 2.8.2 dry fertilizer applied to lawn areas three (3) times per year in March, July, and November; 2.8.3 dry fertilizer applied to plants, trees, and other plantings two (2) times per year, in March and November; 2.8.4 foliage spray fertilizer shall be applied on an ongoing basis during the year; and 2.8.5 shall provide MDS sheets. 2.9 TREE TRIMMING/REMOVAL This function shall take place on a routine basis and as needed depending upon needs caused by severe weather, wind, or other occurrences Low tree branches, shaping (consistent to a height of 6'0"), dead wood removal and dead tree removal shall be routine. The trimming of large hedges, shrubs, bushes, trees and other plants shall be an ongoing process which will be determined on a priority basis for trees, and as needed for other plants. 31 Augusta Lawn & Turf Inc. Contract 2.9.1 The appearance of the trees will be consistent throughout the site. The � final shape of hedges and trees will be consistent with the guidelines provided by the Administrator. 2.9.2 Contractor shall not remove any tree except as provided by Augusta- Richmond County's Tree Ordinances, unless directed to do so by the FAA, other federal agency, or as directed by the Administrator. 2.10 IRRIGATION The Contractor shall be responsible for the irrigation of the lawns, shrubs, and other landscaped areas. The irrigation shall be accomplished by using the existing irrigation system, and individual placement of sprinklers and watering devices as needed. The Contractor shall continuously evaluate the need for irrigation, and shall so schedule the irrigation work on an as-needed basis. Grounds keeping workers shall manually irrigate as required. 2.11 AERATING AND TOP DRESSING Grass and turf areas shall be aerated as necessary. Also, when poor soil conditions become evident, the Contractor shall aerate and use a top dressing material such as silica sand on these turf areas to improve the soil structure. 2.12 PRE-RAPID GROWTH SEASON Depending upon conditions, seasonal commencement of activities usually begins between early to mid-March. Activities should include: 32 Augusta Lawn & Turf Inc. Contract 2.12.1 All outlying grounds shall be checked for accumulation of debris, including branches, leaves and miscellaneous trash. Cleanup should include the entire site; 2.12.2 All mulch beds should be refurbished. Turn over the top layer of mulch and add material as needed, maintaining two to three inches of cover; 2.12.3 Conduct soil testing, on a 2 to 3 year cycle, including turf areas and shrub and planting beds; 2.12.4 A one-time application of dormant oil spray is applied during this period; 2.12.5 Apply soil sterilants to walks, islands and other paved surface areas, as needed; 2.12.6 Edging of all curbs, walks and mulch areas; 2.12.7 In some areas, an initial mowing of all turf areas to remove dormant or dead accumulation of grass; and 2.12.8 Complete seasonal planting in all prescribed areas, islands, and planters. 2.13 GROUNDS MAINTENANCE METHODS. The following tasks shall be undertaken to ensure proper grounds maintenance: 2.13.1 Litter and Trash Removal: Trash removal shall be conducted on a daily basis. Groundskeepers shall collect and properly dispose of wind-blown paper, beverage cans and bottles, broken glass and other trash and debris. Trash should be collected in disposable plastic bags, which, when full, shall be sealed using ties or closures or by tying knots in the bags, to prevent spillage of debris. 33 Augusta Lawn & Turf Inc. Contract Groundskeepers shall wear gloves to protect themselves from cuts, scratches, or punctures. 2.13.2 All collected trash and debris should be placed in the nearest available container, or placed at the appropriate pick-up point. 2.13.3 The above tasks shall take place daily, prior to any other grounds functions. At no time should mowing begin prior to completion of trash removal. 2.14 MOWING Prior to commencing any mowing, equipment operators should, on a daily basis, check all fluid levels, gasoline supply, and lubrication needs. Additional inspection of belts, hoses and blades should be conducted as needed. Equipment operators shall wear safety glasses and steel-toed shoes at all times. Operators shall not leave the machine while it is running. Operators or mechanics shall not perform any adjustments or maintenance while the equipment is operating or in view of the public. 2.14.1 For maximum efficiency and to prevent damage to grasses, mower blades should be kept sharpened. Avoid mower damage by keeping area free of wire, sticks, bottles, cans, rocks, branches, stumps or other harmful objects. Paper and litter should be collected prior to mowing. Operating speeds for walk behind mowers should not exceed a moderately fast walking pack, allowing the operator to continuously scan all adjacent areas. 34 Augusta Lawn & Turf Inc. Contract 2.14.2 Contractor shall not perform any close mowing that starves the grass roots because of inadequate top growth, permits soil moisture to evaporate more rapidly, or aids the growth of crab grass. Contractor acknowledges that shallow, weak-rooted turf provides poor cover and permits invasion of weeds. 2.14.3 Mowing patterns are determined by desired results and by the site layout. In each case, every corresponding cutting path should overlap the preceding lap by 3 to 6 inches for walk behind mowers, up to 12 to 18 inches for larger mowers. 2.14.4 Grass clippings may be redistributed so long as they are kept short. Operations should cut no more than 1/3 of the grass blade at each mowing. Clippings shall then be short enough to deteriorate quickly and return nutrients to the soil. A season's worth of clippings equates to one application of commercial fertilizer. The reuse of clippings can be used as a form of recycling and a component of good solid waste management practices. 2.15 EDGING AND TRIMMING Prior to or immediately after mowing, edging and trimming should occur around all buildings, walkways, trees, shrubs, beddings, fences, walls, curbs or other fixed ar permanent structures. 2.15.1 Prior to commencing edging or trimming, the equipment operator should check gasoline levels and other fluid levels, and inspect the trimmer for safety and performance, including trimming string spool supply, loose 35 Augusta Lawn & Turf Ina Contract fittings, bolts or screws. For trimmers/edgers with rigid blades, the blade shall be kept sharp and it shall be replaced when it becomes shorter than manufacturers' recommendations. 2.15.2 The equipment operators shall wear safety glasses at all times when operating a trimmer/edger. The operator shall be aware of pedestrians near the work area and shall cease edging/trimming if a pedestrian is close enough to be struck by loose material thrown by the equipment. 2.15.3 Edging should be completed approximately every 2 to 4 mowings and should produce a 1/2 "by 2"trench at the transition edge. 2.15.4 At no time should a rigid blade edger be used along walks with brick pavers, quarry tile, ceramic tile or other such surfaces. String trimmers shall be used in those areas. 2.16 MULCHING Mulching shall be used as a practical means to reduce evaporation, prevent excessive soil temperatures and also provide an acid condition of surface soil for acid- loving plants. Peat, wood chips, decomposed sawdust, pine straw, hay and similar materials are suitable for mulching. These shall be applied in surface layers to 2 to 3 inch depths around the base of plants, extending as far from central stems as the leaf canopy. Planting beds shall be mulched completely within the defined borders of the bed. The mulch should be replenished each spring, or as needed due to decay or material dispersal. 2.17 AERATION All turf areas shall be aerated a minimum of once per year by means of removing soil material from the ground, which includes a cylindrical core or spoon. Areas 36 Augusta Lawn & Turf Inc. Contract susceptible to excessive foot traffic and compaction, should be aerated a minimum of two times per year. In heavy and compacted soils it may be necessary to utilize slit aeration as the means of penetration. Aeration should be a standard practice in association with fertilizing, liming, and over-seeding. Care should be taken in any spring aeration so as not to interfere with a barrier layer of pre-emergent chemicals. 2.17.1 Prior to operation, the aeration equipment should be inspected for fluid levels, belts, drives and other operating deficiencies. A checker board pattern is recommended with a 3-6 inch overlap for walk behind machines and 12-18 inch overlap for towed units, to assure aeration of all turf areas. 2.18 FERTILIZATION Fertilizers shall be applied to soil to establish and maintain healthy and vigorous growth. The Contractor shall utilize commercial fertilizers which generally contain nitrogen, phosphate, and potash. Contractor acknowledges that the amount of each element required depends upon the type of soil, the vegetation desired, and the climate and shall perform an analysis of the soil to determine the type of fertilizer necessary. Types of fertilizers, times of application, and the amount to be applied each time should be included in the exterior maintenance plan or landscaping maintenance plan. 2.18.1 Fertilizers containing one or more of the three main elements are available commercially and the percentage of each element is indicated on the tag or label of the bag. 2.18.2 The principal plant food elements are to be properly balanced when growing grasses and that this balance be maintained after the vegetation is 37 Augusta Lawn & Turf Inc. Contract established. The rate of application, therefore, should vary and should be governed by the results of soil tests and the amount of rainfall. 2.18.3 Improved areas require two to three pounds of nitrogen per one thousand square feet. Divide the annual amount into two applications per year when fertilizing cool season grasses on improved areas. With two applications, apply one in early spring and the other in early fall. 2.18.4 Contractor shall insure that fertilizing occurs prior to the foliage of trees, shrubs and ground covers takes on a yellow-tinge and the leaves become sparse and small. 2.19 THE FOLLOWING GUIDELINES SHOULD BE OBSERVED WHEN FERTILIZING TREES, SHRUBS AND VINES: 2.19.1 Trees: Apply recommended fertilizer (depending upon the type of tree, condition of soil, etc.) per inch of trunk diameter at the drip line of the tree. Punch holes with a crowbar about 18 inches deep at a three foot spacing along the drip line, so the fertilizer can get to the roots. For large trees, punch holes every three feet along a circular path three feet inside the drip line, in addition to those along the drip line. Stagger holes in the two circles. 2.19.2 Shrubs: Apply recommended amounts of fertilizer to the shrubs, the amount depending on the size. Scatter the fertilizer at the base of the shrub, work it into the soil and then water to carry it into the soil (except in seasons of heavy rainfall). 38 Augusta Lawn & Turf Ina Contract 2.19.3 Vines: While the foliage is dry, scatter fertilizer by hand or with a broadcast spreader in quantities and types depending upon the type of vines. 2.20 PRUNING TREES Existing trees (except conifers) shall be pruned as needed by a qualified worker to thin out any overly dense crowns, to shorten long ar weak limbs, and to remove dead, dying, diseased, or injured wood. Young trees should be pruned at planting time to compensate for loss suffered in transplanting. Shrubs and vines should be pruned to remove undesirable growth, dead branches to develop a desirable shape. 2.20.2 Prune trees at the time of planting to improve structure and to reduce top growth to compensate for roots lost in moving. Do not prune trees that have been pruned at the nursery. 2.20.3 When removing a branch, make the cut flush with the main branch. Do not leave a short stub, because the healing callus cannot close over the stub, which will decay and may prematurely injure the tree. When cutting back a branch, cut to a bud so as not to leave a stub. 2.20.4 Hold back the spread of the limbs by pruning as the young transplant grows until the trunk develops and becomes able to support a large crown. 2.21 PRUNING SHRUBS 2.21.1 Evergreen shrubs and vines: Remove undesirable growth periodically. Cut dead branches back to live wood. Remove exceptionally long branches to well inside the main body of the shrub. Shrubs shall be made to remain constantly fresh, neat, and limited to relatively new wood by 39 Augusta Lawn & Turf Ina Contract selection and thinning. Most shrubs should be encouraged to grow in sprays, either somewhat stiffly, or arching outward (depending on the type of shrub), covered with flowers and berries and thus obtaining the greatest natural beauty. Plants of prostrate habit, planed as ground coverage, should be forced to remain prostrate by cultivating their lateral growth and by pruning away all erect branches. 2.21.2 Deciduous shrubs: Prune these immediately after the flowering stage. Old wood, easily recognizable by rougher, darker colored bark, should be pruned back or taken out entirely. These shrubs bloom on the new growth and this growth should be encouraged to reach its greatest strength and fullness before a new spring arrives. 2.21.3 Vines: Shall not be pruned except to remove loose ends and branches that encroach upon windows and doors and threaten to work their way under roofing tile or into trees. Vines should be lead and fastened on trellises or fences. 2.22 WEED CONTROL Weeds and brush must be controlled to permit the vigorous growth of desired plantings, to prevent erosion of drainage ways and reservoirs, to eliminate objectionable plants, and reduce fire hazard. Where it is necessary to control weeds for protection of desirable covers, complete eradication is seldom justified. Contractor may employ various techniques to effectively control weeds. Weeds may be controlled by: 2.22.1 use of chemicals (herbicides); 40 Augusta Lawn & Turf Inc. Contract 2.22.2 mowing and chopping; 2.22.3 tilling the soil; 2.22.4 planting the area with other types of vegetation that have superior competitive characteristics; 2.22.5 changing the soil's fertility or acidity so that problem weeds will be less able to compete with the desired vegetation; and 2.22.6 manipulation of water level at critical times to destroy some water-weeds. 2.23 WEED PROGRAM Although it is usually a relatively simple matter to kill most weeds, it is often difficult to prevent their return from seed or still living portions of plants. A complete program should be developed in cooperation with specialists before weed control projects are undertaken at the Airport. 2.24 BED MAINTENANCE Routine maintenance of shrubbery and landscape beds should include trash collection and removal, mulch restoration, the removal and replacement of individual plantings, fertilization and weed control. Fertilization may be accomplished in the spring using a balanced controlled release fertilizer in a granular liquid form. Weed control in most areas may be in the form of a pre-emergent spring application. In addition, a combination of contact sprays and minimal manual cultivation shall be required on a bi- weekly or monthly schedule. 2.25 WATERING 41 Augusta Lawn & Turf Inc. Contract Turf and bedding areas should be watered at such frequencies as weather conditions require to replenish soil moisture. Watering should be done usually in early mornings, except in periods of high winds. Watering should be of such duration as to prevent excessive moisture run-off. 3.0. DUTIES OF THE ADMINISTRATOR AND CONTRACT COORDINATOR 3.1 The person responsible for the performance of this Contract on behalf of AIRPORT is the Administrator. The instructions of the Administrator will be strictly and promptly followed in every case. The Administrator shall have free access to the materials and the work at all times for measuring and inspecting the work. The Contractor is to afford the Administrator all necessary facilities and assistance for so doing. 3.2 The Administrator will decide any and all questions that may arise as to the quality and acceptability of work performed, and as to the manner of performance and rate of progress of the work. The Administrator will decide all questions that may arise as to the interpretation of the Performance Work Statement, and plans relating to the work and to the fulfillment of the Contract on part of the Contractor. The Administrator will determine the amount and quality of the various kinds of work performed and materials furnished which are to be paid for under the Contract. However, such instructions shall not change the status of the Contractor to that of an employee or agent of Augusta-Richmond County. 42 Augusta Lawn & Turf Inc. Contract e The Administrator's or designee's decisions upon all claims, questions, and disputes will be final and conclusive upon the parties to this Contract. 3.3 The Administrator or his designee may make temporary changes in the routine tasks or task frequencies if such changes do not increase or decrease the Contractor's costs. Such changes shall not be considered modifications of the Contract and shall not affect the amount or method of payment to the Contractor. 4.0. CONTRACTOR'S EMPLOYEES 4.1 Contractor shall provide trained, qualified personnel to perform the duties required in accordance with the Performance Work Statement. Any Contractor employee assigned to work in the gardens located in secure Airport areas shall undergo a bacicground check to receive the clearance necessary for the employee to wark in "Secure Areas" without an escort. The Contractor will bear the cost far any background checks. 4.2 Subject to controlling law, the Administrator will refuse to permit the Contractor to use any employee on this job if the Administrator reasonably deems that individual to be unfit to work at the Airport facilities in any respect. 4.3 Contractor shall instruct its employees that no gratuities shall be solicited for any reason whatsoever from occupants or other persons using the Airport facilities or any other person. 4.4 All Contractor employees shall strictly adhere to Airport regulations while on the Airport premises, including but not limited to Augusta-Richmond 43 Augusta Lawn & Turf Inc. Contract County, County, and Transportation Security Administration and Federal Aviation Administration regulations governing access to buildings, personal conduct, and possession of prescribed substances, parking, and traffic. The Airport reserves the right to require the removal of Contractor employees from assignment to its site. 5.0 CONTRACTOR'S COMPENSATION 5.1 Contractor's bid amount for completion of the work contemplated herein was fifty two thousand five hundred eight two dollars ($52,582.00). Contractor shall be compensated on a monthly basis for the completion of satisfactory work. The monthly amount to be invoiced is four thousand three hundred eighty one and 83/100 dollars ($4,381.83); minus any deductions for unsatisf'actory work. 5.2 The Airport will make every effort to insure the Contractar's invoice is paid within fifteen (15) working days after receipt of the invoice. 5.3 Contractor shall submit invoices to: Finance Department Augusta Regional Airport 1501 Aviation Way Augusta, Georgia 30906 6.0 ENTIRE AGREEMENT This Contract, together with all of the Bid Documents, shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Contract shall not be binding upon either party except to the 44 Augusta Lawn & Turf Inc. Contract extent incorporated in this Contract. The Contractor's bid is incorporated by reference as if fully set forth herein. 6.1 GOVERNING LAW This Contract will be construed under Georgia law, including the Georgia Uniform Commercial Code; all remedies available under that code are applicable to this Contract. Contractor and Augusta-Richmond County fix jurisdiction and venue for any action brought with respect to this Contract in Augusta-Richmond County, Georgia. 6.2 LEGAL CONSTRUCTION If any provision contained in this Contract is held to be invalid, illegal or unenforceable, that invalidity, illegality or unenforceability will not affect any other provision of this Contract and this Contract will be construed as if the invalid, illegal or unenforceable provision had never been contained in this Contract. 6.3 PRIOR CONTRACTS SUPERSEDED This Contract and the Contract Documents constitute the sole and only agreement between Contractor and Augusta-Richmond County with respect to the subject matter of this Contract and supersede any prior understandings or written or oral contracts respecting the subject matter of this Contract. 6.4 COUNTERPARTS This Contract may be executed concurrently in one or more counterparts, each of which will be deemed to be an original, but all of which will together constitute one Contract. 6.5 FURTHER ACTS 45 Augusta Lawn & Turf Ina Contract Augusta-Richmond County and Contractor each agrees to perform any additional acts and execute and deliver any additional documents as may reasonably be necessary in order to carry out the provisions and effectuate the intent of this Contract. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their appropriate officials, as of the date first written above. SIGNATURES ON FOLLOWING PAGE CONTRACTOR: COUNTY AUGUSTA LAWN & TURF, INC. AUGUSTA-RICHMOND COUNTY; .-�;�: ; : � : ; : ; � ', � � � (}� � � r �� �� � � BY: , BY: C- ' • ' • . , 111 � n David Copenhaver, Mayor Title: 1'feSi c1e� � ' ' . . Printed Name: �rr�� �r�c���. , Attest: � '� ,, � le k °�a f' 1� � o ' � / Corpo�aie Secretary/Assistant (Se��� � R -_��� aG',Z / . �' • .,�* � � � , � �ecr�;t�ry �;� � � �� , „� / �r � � � • �rf:a�� �' c /��+ s•` ,i� '�'� _ � � � �', �`� " �—��.�— � � � ����= c ' ; , c,, � �sa�. o � �a � C� � �'"y+�, 3996 O �! Ii�✓ ,,.f�Q��CWpO����� � Approved: � �' '`:��� �°� 1 �� Chai n, Augusta Aviation Commission 46 Augusta Lawn & Turf lna Contract Appro�re As To F . � ; f � '�.� ..�� � �'.'-� County A � rney � 47 Augusta Lawn & Turf Inc. Contract