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HomeMy WebLinkAbout2019-01-29 Meeting Minutes Engineering Services Committee Meeting Commission Chamber - 1/29/2019 ATTENDANCE: Present: Hon. Hardie Davis, Jr., Mayor; M. Williams, Chairman; Hasan, Vice Chairman; Garrett and Frantom, members. ENGINEERING SERVICES 1. Discuss putting clean up accountability measures in place - storm water contractor areas, 311 reporting, and employee responsibilities/pride for the city of Augusta. (Requested by Mayor Pro Tem Sean Frantom) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information and getting a report back from the Administrator with a recommendation. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Brandon Garrett Passes 2. Discussion regarding addressing blighted areas in Augusta. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve the implementation of the plan. Motion Passes 4-0. Commissioner Brandon Garrett Commissioner Ben Hasan Passes 3. Authorize the Augusta Engineering Department, on behalf of the Downtown Parking Task Force, to proceed with the Procurement RFQ Process to hire a qualified parking management firm to address the downtown parking challenges. (Requested by Mayor Hardie Davis) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 4. Motion to approve the minutes of the Engineering Services Committee held on January 8, 2019. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Result Approve Motion to approve. Mr. Hasan out. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 5. Request approval of an Agreement with Waste Management for Landfill Disposal pending completion of final negotiations, and approve the execution of the Agreement by the Mayor. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan out. Motion Passes 3-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes www.augustaga.gov Engineering Services Committee Meeting 1/29/2019 1:15 PM Attendance 1/29/19 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 1/29/2019 1:15 PM Clean up accountability measures Department: Presenter:Mayor Pro Tem Frantom Caption:Discuss putting clean up accountability measures in place - storm water contractor areas, 311 reporting, and employee responsibilities/pride for the city of Augusta. (Requested by Mayor Pro Tem Sean Frantom) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 1/29/2019 1:15 PM Discussion regarding addressing blighted areas in Augusta Department:Environmental Services Presenter:Lori Videtto Caption:Discussion regarding addressing blighted areas in Augusta. Background:At the Commission meeting on December 18th, a presentation was provided to the Commission which discussed the inter- departmental approach to addressing this issue, progress made to date by various departments, and research into programs that other city/counties have implemented. In addition, a key discussion point was presented to the body – should Augusta choose a target area to focus resources and activities. Analysis:Augusta has made progress with the inter-departmental activities to date. The Richmond County Marshal’s office and Code Enforcement have made great strides in holding residents accountable and issuing citations when appropriate. Housing and Community Development has a proven redevelopment strategy which has been successfully implemented in the Laney Walker- Bethlehem neighborhood – a program which can also be used in any other designated target area. Environmental Services has cut hundreds of vacant lots, demolished many structures, and cleaned up many illegal dump sites. Further, Augusta has programs in place to spur redevelopment via the Land Bank – programs which will be furthered once the Land Bank leadership is formalized. With all the accomplishments, however, more work is needed to tackle this issue. A proposed target area was identified – an area bounded by 15th Street, MLK Jr. Blvd, Clay Street, and Poplar Street. Also, there were 5 key steps to implementation that were identified during the last discussion: 1) effectively utilize the Land Bank’s abilities and programs; 2) apply for grants and standardize the program funding; 3) establish priorities and timelines for each department’s activities; 4) continue to review ordinances and recommend needed updates; 5) incorporate the use of “zones”. Financial Impact: Alternatives: Recommendation:Possible recommendations and action items include: 1. Establish a target area for each department to focus current resources to include Code Enforcement, Law Enforcement, vacant lot cutting, demolition, and others. 2. Implement the HCD redevelopment model in the target area. 3. Research and have staff return with a firm recommendation regarding program funding Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 1/29/2019 1:15 PM Downtown Parking Task Force Department: Presenter:Mayor Hardie Davis, Jr. Caption:Authorize the Augusta Engineering Department, on behalf of the Downtown Parking Task Force, to proceed with the Procurement RFQ Process to hire a qualified parking management firm to address the downtown parking challenges. (Requested by Mayor Hardie Davis) Background:They are ready to take the next step and hire a firm to propose solutions to impacted downtown parking based on the feedback received. The Procurement Department Request for Qualifications (RFQ) process will be utilized to hire a qualified firm to propose various solutions for the Augusta Commission to consider. Analysis:For a period of approximately six months, a task force consisting of members of local government and prominent city leaders was assembled to discuss and learn about the issues facing parking availability in downtown Augusta. After several meetings and information provided on various options open to Augusta, Commissioners were invited to attend the last few gatherings to hear about what the task force had learned and give input on the various alternatives presented. Financial Impact:There will be no fiscal impact to proceed with the RFQ process and procure the services of a qualified firm. The Parking Task Force is looking for a parking management firm to propose turn- key solution alternatives for the Augusta Commission to consider. There may be a future fiscal impact depending on the chosen alternative by the Commission based on the various options presented to them through this process. Alternatives:1)Approve and authorize the Augusta Engineering Department, on behalf of the Parking Task Force, to proceed with the Procurement RFQ process to hire a qualified parking management firm to address the downtown parking challenges. 2) Do not approve. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Engineering Services Committee Meeting Commission Chamber - ll8l20l9 ATTENDANCE: Present: Hons. M. Williams, Chairman; Hasan, Vice Chairman; Garrett and Frantom, members. Absent: Hon. Hardie Davis, Jr., Mayor. ENGINEERING SERVICES 1. Approval Additional Funding of Professional Services Contract to implement Item Cityworks AMS software and Integrate with enQuesta CIS Software in the Action: amount of $200,000.00. Approved Motions Motion Motion Textrype Motion to. aDDrove.APProve vtotion Passes 4-0. Commisioner Commissioner Sean Frantom Brandon Garrett Passes Made By Seconded By Made By Seconded By Motion Result Motion Result 2. Approve the Award of Bid Item l8-278 - Articulated Dump Truck to Yancey ItemBrothers. Action: Approved Motions Motion Motion TextI ype Motion to ^ aDDrove.APProve r"rotiot passes 4-0. 3. Motion to approve RFQ #18-263: Task Order Program (2018) for Utilities Item Department in the amount of $6,000,000.00 for execution by Beam's Action: Construction, Inc.; Blair Construction, Inc.; Garnto Southern Construction, Approved Commisioner Commissioner Sean Frantom Brandon Garrett Passes Inc.; Gearig Civilworks, LLC; Legacy Pipeline Management, Inc.; Reynolds selected contractors. Motions *::"' Motion Text Made Byrype Motion to ^ aDDrove.APProve vtotion passes 4-0. LLC; North American LLC as qualified and Water Group, Construction, Commisioner Commissioner Sean Frantom Brandon Garreff Passes Seconded By Commisioner Commissioner Sean Frantom Brandon Garrett Made By Seconded By Motion Result Motion Result Passes Motion Result 4. Consider proposal from Zimmerman, Evans and Leopold, Inc. (ZEL Item Engineers) to provide engineering services to design the Utilities Action: Department's Fort Gordon B Street Water Main Replacement project at a cost Approved of $80,295.00. Motions ryJ:"' Motion Text Made By seconded By Motion to ^ aDDrove.APProve vtotion passes 4-0. 5. Consider Award of Bid #18-294 for the Construction of Brussels Street Pump Item Station Abandonment Project to CBH Excavation in the Amount of Action:$139,560.40. Approved Motions Motion Motion Textr ype Motion to ^ aDDrove.APProve vtotion passes 4-0. Commisioner Commissioner Sean Frantom Brandon Garrett Passes 6. Motion to approve the minutes of the Engineering Services Committee held Item on December I l, 2018. Action: Approved Motions []11"" Motion Text Made By seconded By Motion Type -'---- -r Result Motion to ^ approve. Commisioner CommissionerApprove ilorion passes Sean Frantom Brandon Garrett Passes 4-0. 7. Approve entering into a Project Framework Agreement with the Georgia Item Department of Transportation for ADA and Sidewalk Improvements Along Action: Kissingbower Road (Marschalk Rd to White Rd, PI #0015958) as requested Approved by AED. Motions Motion Motion:*""" Motion Text Made By Seconded ByType '.---- -" -------- -J Result Motion to ^ approve. Commisioner CommissionerApprove illtion passes Sean Frantom Brandon Garrett Passes 4-0. 8. Approve entering into a Project Framework Agreement with the Georgia Item Department of Transportation for ADA and Sidewalk Improvements Along Action: Walton Way (7th Street to 1lth Street, PI #0015959) as requested by AED. Approved Motions X:11'" Motion Text Made By seconded By Motion'I'ype - ----- -'t -------- -'l Result Motion to ^ approve. Commisioner CommissionerApprove viotion passes Sean Frantom Brandon Garrett Passes 4-0. www.augustaga.gov Engineering Services Committee Meeting 1/29/2019 1:15 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Engineering Services Committee held on January 8, 2019. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: SOLID WASTE DISPOSAL AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ___________, 2019 by and between WASTE MANAGEMENT (hereinafter called "Customer") and AUGUSTA, GEORGIA, a political division of the state of Georgia, (hereinafter called "Augusta"). WHEREAS, Customer desires to transport Customer's non-hazardous waste to the AUGUSTA Landfill for disposal, and AUGUSTA desires to provide such disposal services for the Customer in accordance with and subject to the terms and conditions for this Agreement. NOW, THEREFORE, in consideration of the premises and the following mutual agreements and covenants, the Customer and AUGUSTA, each intending to be legally bound, agree as follows: 1.0 DEFINITIONS 1.01 Customer Waste -Any Solid Waste or approved Special Waste collected or controlled by Customer. Customer's Waste will be delivered to the AUGUSTA Landfill by Customer in waste collection vehicles containing only Customer Waste. 1.02 Disposal Fee -The amount set forth in Section 7.01 hereof, as adjusted, charged by AUGUSTA for the performance of disposal services hereunder. 1.03 Governmental Approvals -All permits, licenses and approvals required for the expansion, construction and/or operation of the AUGUSTA Landfill. 1.04 Hazardous Waste -Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or by any State having jurisdiction to be "hazardous" as that term is defined by or pursuant to federal or state law. 1.05 Non-Conforming Waste -Any waste excluded from the definition of Solid Waste and any Special Waste which has not been approved by AUGUSTA and, if required, by any governmental agency having jurisdiction. 1.06 AUGUSTA Landfill -The Deans Bridge Road MSW Landfill, which is owned and operated by AUGUSTA and located at 4330 Deans Bridge Road, Blythe, Georgia. 1.07 Solid Waste -Any garbage, trash, rubbish, brush and other waste material allowed under the Governmental Approvals issued for the operation of the AUGUSTA Landfill but excluding (a) any Hazardous Waste, and (b) any other material not allowed pursuant to applicable laws and regulations. 1.08 Special Waste -Any Customer Waste which requires special processing, handling or disposal techniques which are different from the techniques normally utilized for handling or disposal or contains and added element of expense to transport or dispose of as determined by AUGUSTA or requires approval from any State agency and/or AUGUSTA. Examples of such Special Waste types may include, but are not limited to: white goods, tires, mining wastes, fly ash, combustion ash, sludges, drilling fluids and drill cuttings, asbestos, industrial wastes, liquid wastes, infectious wastes and residue, pollution control residue, debris or contaminated soil and water from the cleanup of a spill. Special Waste requires a Waste Profile be submitted for approval prior to disposal. 1.09 Construction and Demolition Waste – Any Customer Waste which meets the definition of such per current Georgia EPD Rules. 1.10 Prohibited Wastes – AUGUSTA shall not accept any such prohibited wastes as identified by the current Solid Waste Handling Permit issued to Augusta. In addition, Augusta will not accept any quantity Coal Ash or Coal Ash Residue. 2.0 SCOPE OF SERVICES 2.01 Landfill Disposal - Subject to the terms and conditions hereof, Customer agrees that it will deliver or cause to be delivered all Customer Waste to the AUGUSTA Landfill for disposal and AUGUSTA agrees that it will accept such Customer Waste for disposal services at the AUGUSTA Landfill from and after the date hereof in accordance with and subject to the terms and conditions of this Agreement. 2.02 Transfer Station- This Agreement provides for the exclusive use of the Transfer Station located on Goshen Industrial Blvd by AUGUSTA, per the terms of the Lease dated December 2018. 3.00 DISPOSAL SERVICES 3.01 Disposal Operations -From and after the date hereof, AUGUSTA shall accept, upon delivery, all Customer Waste and such approved Special Waste delivered by the Customer in waste collection vehicles containing only Customer Waste or approved Special Waste to the AUGUSTA Landfill for disposal. 3.02 Inspection of AUGUSTA Landfill- The Customer may, on a reasonable basis as the Customer deems necessary and after giving AUGUSTA advance written notice, make inspections of the AUGUSTA Landfill during normal business hours, however, such inspections shall be made only by authorized employees or agents of the Customer accompanied by the AUGUSTA Director of Environmental Services Department or any other person designated by the AUGUSTA Director. Such inspections shall not unreasonably interfere with AUGUSTA's performance of any of its operations at the AUGUSTA Landfill. Customer is under no duty to inspect the operations of AUGUSTA and the failure to inspect shall not, in any way, create liability on the part of the Customer to AUGUSTA. 3.03 Compliance with Laws and Permits -AUGUSTA shall conduct disposal operations with respect to services performed hereunder in accordance with all applicable federal and state laws, rules and regulations, and the terms and conditions of the Governmental Approvals issued for the operation of the AUGUSTA Sanitary Landfill. 3.04 Holidays -The following shall be holidays for purposes of this Agreement: New Year's Day, Thanksgiving Day, Christmas Day, July 4th, Memorial Day, Labor Day AUGUSTA may decide to observe any or all of the above-mentioned holidays by suspension of landfill operations on the holiday. AUGUSTA will give the Customer advance written notice of AUGUSTA's observance of any holiday. 3.05 Title- Title to Customer Waste delivered by the Customer shall pass to AUGUSTA when accepted by AUGUSTA at the Landfill. Acceptance is completed upon delivery by Customer to the AUGUSTA Landfill and non-rejection by AUGUSTA within a reasonable amount of time. Notwithstanding any provision of this Agreement to the contrary, title to and liability for Non- Conforming Wastes shall remain with the Customer and shall never pass to or be assumed by AUGUSTA. 3.06 Special Waste -Where requested by AUGUSTA, the Customer shall assist AUGUSTA in identifying each generator of Special Waste and shall also require each generator of Special Waste, in addition to any label, marking, manifest or other such documentation required by any applicable law, regulation, or permit, to provide to AUGUSTA, in advance of any shipment of Special Waste, a representative sample of the Special Waste to be disposed of by AUGUSTA, and a detailed written physical and chemical description or analysis of the Special Waste, including, without limitation, a listing of unique characteristics and safety procedures, if such exists, that would be of significance to the handling of such Special Waste ("Waste Profile Sheet" or "WPS"). The customer shall promptly furnish to AUGUSTA any information regarding known, suspected or planned changes in composition of any such Special Waste and the Customer shall accordingly update the WPS. The Customer agrees that all Special Waste specified in a WPS and delivered to AUGUSTA Sanitary Landfill shall conform to the description set forth on the WPS. Such Special Waste shall not be delivered to AUGUSTA for disposal until such WPS and representative sampling are analyzed and approved by AUGUSTA. AUGUSTA shall have the right to reject loads of bulky Special Wastes if in AUGUSTA's judgment such loads would disrupt any normal operating procedures. 3.07 Non-Exclusive Use of AUGUSTA Landfill- The use of the AUGUSTA Landfill by the Customer shall be non-exclusive and, in addition to the disposal of Customer Waste pursuant to this Agreement, AUGUSTA shall have the absolute and unrestricted right to accept for disposal any waste materials not covered by this Agreement and brought to the AUGUSTA Landfill by any other municipality or other body, corporation, person or other entity, public or private, for disposal, and the absolute and unrestricted right to establish from time to time all fees, deductions, discounts, credits and allowances, and charge and retain such fees, for disposal of any waste material (other than Customer Waste). 3.08 Inspection of Customer Waste -AUGUSTA shall have the right to inspect any incoming loads of Customer Waste delivered to the AUGUSTA Landfill for disposal for compliance hereunder and reject any Non- Conforming Waste. Customer shall remove and properly dispose of all such Non-Conforming Waste at Customer's expense. 3.09 Covenant for Delivery of Waste - The Customer covenants and agrees that it will deliver or cause to be delivered all Bladen Solid Waste to the Bladen County Transfer Station for disposal at the AUGUSTA facility. To the extent allowed by law, the customer shall: (I) exclusively use the AUGUSTA facility for disposal of Bladen County Waste;(II) not contract with any other person for services which are the same or similar to those provided by AUGUSTA pursuant to this agreement and; (III) not establish or operate a solid waste management facility within the county offering the same or similar services as those provided by AUGUSTA pursuant to this agreement. 4.00 EFFECTlVE DATE This Agreement shall be effective upon the execution of this Agreement by the Customer and AUGUSTA, and the delivery of Customer Waste to the AUGUSTA Landfill and performance of disposal services by AUGUSTA hereunder shall commence on the date hereof in accordance with the terms and conditions of this Agreement. 5.0 INDEMNITY 5.01 Indemnity of AUGUSTA -AUGUSTA will indemnify and save harmless the Customer from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and reasonable attorneys' fees incurred by the Customer to the extent resulting from (a) any breach by AUGUSTA of any of its agreements hereunder, and (b) any negligent act or omission of AUGUSTA, its employees or agents in the performance of services under this Agreement; provided, however, that AUGUSTA shall not be obligated to indemnify the Customer from and against any suits, actions, legal proceedings, claims, demands, damages, costs, expenses or attorneys' fees to the extent resulting from negligent act or omission of the Customer or of any of its officers, agents, servants, employees or contractors or to the extent resulting from any breach by the Customer of any of its agreements hereunder . 5.02 Indemnity by Customer -The Customer will indemnify and save harmless AUGUSTA from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and reasonable attorneys' fees incurred by AUGUSTA to the extent resulting from (a) any breach by the Customer and any of its agreements hereunder, and (b) any negligent act or omission of the Customer or any of its officers, agents, servants, employees or contractors; provided, however, that the Customer shall not be obligated to indemnify AUGUSTA from and against any suits, actions, legal proceedings, claims, demands, damages, costs, expenses or attorneys' fees to the extent resulting from any negligent act or omission of AUGUSTA or of any of its officers, agents, servants, employees or contractors or to the extent resulting from any breach by AUGUSTA of any of its agreements hereunder. 5.03 Termination for Convenience – AUGUSTA shall have the right to terminate this Agreement without cause by providing Customer sixty (60) days written notice. 6.0 TERM This Agreement is for an initial term of ten (10) years from and after the date of execution of this Agreement to and including December 31, 2029. An additional ten (10) year term may be mutually agreed upon by both parties. 7.0 RATES FOR WASTE DELIVERED TO THE LANDFILL 7.01 Base Rate -For Customer Waste (exclusive of any Special Waste) disposal services rendered hereunder, AUGUSTA will charge and the Customer will pay to AUGUSTA, the posted gate rate for 0-5000 tons per month; however should the Customer dispose over 5000 tons per month the rate will be __________ and 00/100 Dollars ($XX.00) per Ton of Customer Waste, as adjusted in accordance with the terms and provisions of Sections 7.02, 7.03, and 7.04 hereof, for each Ton of Customer Waste accepted at the AUGUSTA Landfill for disposal. This Base Rate includes the current $0.75 per ton EPD fee and includes any Environmental Fees AUGUSTA may charge. MSW - $XX/ton (if over 5000 tons per month) MSW - $XX /ton (if over 10,000 tons per month) Special Waste - $XX/ton; or by mutual agreement Asbestos-Containing Waste - $XX/yard C&D Waste - $XX/ton AUGUSTA further agrees that the Base Rate applies to the disposal of Customer Waste in a landfill disposal cell that is lined in accordance with applicable laws and regulations. 7.02 CPI Adjustment – On January 1, 2020 and every January 1 thereafter during this agreement and any additional terms of this agreement, the Base Rate then in effect shall be increased by the increase, if any, of the percentage of increase in the Consumer Price Index for All Urban Consumers (All Items -U.S. City Average), Water, Sewer and Trash-Garbage and Trash-Sub-Index as published by the U.S. Department of Labor, Bureau of Labor Statistics (CPI). The measurement period will be the immediate preceding January through December with the July 1, 2020 increase based on December 2018 statistics. 7.03 Change in Law Fees, Etc. - AUGUSTA shall have the right to increase the Base Rate at any time to due to changes in Local, State and Federal regulations. These additional costs will be billed as a straight pass through to the Customer. The Customer will be notified thirty (30) days in advance of any such increase and will be provided documentation to substantiate any additional charge. 7.04 Special Wastes -The Disposal Fee shall apply with respect to Special Waste, however asbestos-containing materials waste will be charged at the current posted landfill gate rate. The charge for the disposal of large quantities of Special Waste shall be set by mutual agreement of the parties on a periodic, case-by-case basis; with the approval of the Augusta Administrator and Director of Environmental Services. Request of a project-rate shall be made 30-days in advance of any such disposal. 7.05 Billings to Customer- AUGUSTA will invoice the Customer on a monthly basis for disposal services rendered during the preceding calendar month and the Customer will remit payment for each invoice without set-off or deduction to AUGUSTA within twenty-five (30) working days of the date of such invoice. Such billing shall be based on the Disposal Fee as adjusted pursuant to Sections 7.02, 7.03 and 7.04 hereof. 9.0 DEFAULT Except as otherwise provided herein, if either party breaches any of the material provisions of this Agreement and fails to cure such breach within a period of thirty (30) days after receiving written notice setting forth a detailed description of such breach from the other party, unless a longer period of time is required to cure such breach and the party breaching shall have failed to commence to cure such beach within said thirty (30) day period and pursue diligently to completion thereof, then the other party may terminate this Agreement; provided, however, that the foregoing provisions relating to notice of breach and cure shall not apply to any failure of Customer to pay AUGUSTA for services rendered hereunder . 10.0 MISCELLANEOUS 10.01 Transferability -No assignment of this Agreement or any right accruing under this Agreement shall be made in whole or in part by the Customer without the express prior written consent of AUGUSTA or by AUGUSTA without the express prior written consent of the Customer, except that AUGUSTA without the consent of the Customer may assign and delegate any of its rights and obligations under this Agreement or subcontract the performance of any services to be rendered hereunder to any corporation or other entity which controls, or is controlled by, or is under common control with AUGUSTA. 10.02 Force Majeure -The obligations of AUGUSTA hereunder are subject to and excused in the event of the occurrence of any contingency beyond its reasonable control including, without limitation, (i) strikes, riots, wars, acts of God, accidents, (ii) compliance with any law, regulation, order or decree, and (iii) the denial, loss, suspension, expiration, termination, revocation or failure of issuance or renewal of any permit, license of other governmental approval required to construct and/or operate the AUGUSTA Landfill. 10.03 Severability -In case anyone or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect or its inclusion shall result in the invalidity, illegality or unenforceability of this Agreement, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein; provided, however, that it is the intention of the parties hereto that in lieu of each term, clause, or provision that is help to be invalid, illegal or unenforceable, there shall be added as a part of this Agreement a term, clause or provision as similar in terms to such invalid, illegal or unenforceable term, clause or provision as may be possible and be valid, legal or enforceable. 10.04 Cumulative Remedies -all rights, remedies and powers shall be deemed cumulative and not exclusive of any rights, remedies or powers available. No delay or omission to exercise any right, remedy or power shall impair such right, remedy or power or shall be construed to be a waiver of any breach or any acquiescence therein. Any such right, remedy or power may be exercised from time to time, independently or concurrently, and as often as shall be deemed expedient. No single or partial exercise of any right, remedy or power shall preclude other or further exercise thereof. 10.05 Independent Contractor -No Agency-AUGUSTA will act hereunder as an independent contractor and not as an agent of the Customer. Similarly, the Customer is not an agent of AUGUSTA or empowered or authorized to obligate AUGUSTA in any way. 10.06 Entire Agreement -This Agreement constitutes the entire agreement and understanding between the parties relating to the subject matter hereof and cancels and supersedes all prior negotiations, representations, proposals, understandings and agreements, either written or oral, relating to the subject matter hereof. 10.07 Modifications and Waiver – The parties must mutually agree upon any changes in the Agreement and must be incorporated by written amendments to the Agreement. The Augusta Administrator or their designee shall have the authority to amend the Agreement on behalf of Augusta. This Agreement shall not be modified, altered, changed or amended unless in writing and signed by the parties. EXECUTED by their duly authorized representatives, who hereby certify that their signatures below bind the parties to the terms and conditions of this Agreement, as of the day and year first above written. WASTE MANAGEMENT AUGUSTA, GEORGIA By: By: Printed Name: Printed Name: Title: Title: ATTEST: By: By: Printed Name: Printed Name: Title: Title: Engineering Services Committee Meeting 1/29/2019 1:15 PM Request Approval of an Agreement with Waste Management for Landfill Disposal Pending completion of final Negotiations, and Approve the Execution of the Agreement by the Mayor Department:Environmental Services Presenter:Lori Videtto Caption:Request approval of an Agreement with Waste Management for Landfill Disposal pending completion of final negotiations, and approve the execution of the Agreement by the Mayor. Background:Waste Management is one of the landfill’s largest customers, based on tonnage into the facility, and has been for some years. As a means of solidifying this relationship, Augusta Environmental Services is requesting an Agreement be approved so that a minimum tonnage is guaranteed to come to the landfill, at a set rate for a defined period of time. The negotiation of the agreement is underway. Analysis:Augusta’s landfill generates revenue by garbage coming into the facility. Having an Agreement in place with one of the facility’s top ten customers will allow the landfill to better project revenues each year, and guarantees that garbage continues to come to the Landfill. At this time, Waste Management is in agreement in concept with this model. This allows the landfill to know the minimum tonnage the customer will bring to the facility each year, allowing for more accurate budgeting of revenues and operational expenses; most importantly, it insures no loss of tonnage to the facility. At this time, ESD is requesting permission to finalize negotiations approve the concept of entering into a disposal agreement with customers that are amenable to the concept. Should this model be approved, ESD will pursue other agreements with additional customers. Financial Impact:Waste Management brings approximately 2800 tons to the landfill each month, however with their recent expansion, more may become available. This generates revenues of approximately $1M per year. It is to Augusta’s benefit to solidify and grow this relationship via a disposal agreement. An agreement of this kind will guarantee the minimum intake of garbage and therefore revenues per year. Alternatives:Allow the finalization of the negotiations and agree to enter into the agreement. Permit the Mayor and execute the agreement with Law Department consent. Require ESD to return with the final agreement and provide approval at that time for the Mayor to execute the agreement with Law Department consent. Recommendation:Approve the Agreement to be finalized and executed. Funds are Available in the Following Accounts: No funds are needed. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission