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Home My WebLink About BMS ENTERPRISES INC AGREEMENT CONSULTANT DEANS BRIDGE SOLID WASTE j~ h' /7%.s% C0NSULTANTSERVICESAGREEMENT BETWEEN PUBLIC WORKS & ENGINEERING DEPARTMENT AND "B.M.S. ENTERPRISES, INC." FOR DEANS BRIDGE ROAD MUNICIPAL SOLID WASTE LANDFILL PROFESSIONAL PROJECT MANAGEMENT CONSULTING SERVICES TABLE OF CONTENTS Services Agreement Consulting Criteria Amnunt Of Contract Page 2 3 4 GENERAL CONDITIONS Consultant Coordination Accuracy Of Work Change In The Work Additional Services Assistant Director of Solid Waste Delivery Of Notices Supervision And Control Employment Of County's Personnel Review Of Work Responsibility For Claims And Liability Insurance Compensation Acceptance Of Final Payment As Release Indemnification Contract Disputes Separate Contracts Subcontracting Taxes, Permits And Licenses Special Restrictions Time For Completion And Liquidated Damages Contract Termination Personnel Electronic Documents Confidentiality 5 5 5 5 6 6 7 7 7 7 8 8 8 9 10 10 10 11 12 12 13 14 14 14 15 SIGNATURE PAGE 15 SCOPE OF SERVICES 16 EXHIBIT A 17 1 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December' 2004 CONSULTANT SERVICES AGREEMENT BETWEEN DEP ARTMENT OF PUBLIC WORKS AND ENGINEERING AUGUSTA, GEORGIA COMMISSION AND "B.MS. ENTERPRISES, INC" This Agreement is made and entered into this _\ \.{ ...(A..day of ~, 20J"y and between Augusta, Georgia, hereinafter called the "Owner" and B.M.S. EN RPRISES. INC a Corporation authorized to do business in Georgia, hereinafter called the "Consultant." Whereas"the Owner desires to engage a qualified and experienced consulting firm to furnish professional services for: "Professional Project Management Consulting" Whereas, the Consultant has represented to the Owner that it is experienced and qualified to provide the services contained herein and the Owner has relied upon such representation. Now, therefore, in consideration of the mutual promises and covenant herein contained, it is agreed by and between the Owner and the Consultant that the Consultant shall provide the professional services of the project (see Professional Project Management Consultant Plan). 2 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 CONSULTING CRITERIA The Consultant shall gather from the Owner all available data and information pertinent to the performance of the services for the Project. The Owner shall have the final decision as to what data andit1formation is pertinent The Consultant shall ensure that the data and information meet applicable standards as specified herein. The Consultant shall report in writing any discovery of errors or omissions contained in the data and information furnished by the Owner. The Consultant shall visit and become familiar with the Project site and shall become acquainted with local conditions involved in carrying out this Agreement. The Consultant may request that a representative of the Owner be present during the site visit. The Consultant shall recommend and secure the Owner's written approval of, the manner of project plans presentation and the methods to be used in the plan preparation so that these plans can be best utilized, as determined by the Consultant and approved by the Owner, in the orderly preparation of the detailed construction contract plans, specifications, and contracts. Upon receipt of the Owner's written approval of the manner of the project plan presentation and methods of plan preparation, the Consultant shall proceed with implementation of plan preparation. 3 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 AMOUNT OF CONTRACT It is agreed that the compensation hereinafter specified to perform the services (see Professional Project Management Consultant Plan) required by this Agreement includes both direct and indirect costs chargeable to the project as further defined in Professional Project Management Consultant Plan. The maximum obligation of the Owner to the Consultant under the terms of this Agreement shall be: $310,000 4 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 GENERAL CONDITIONS CONSULTANT COORDINATION The Consultant shall cooperate fully with Federal and State official, consultants on adjacent projects, municipalities and local government officials, utility companies, railroads, and others, as may be directed by the Owner. Such cooperation shall include attendance at meetings, discussions, and hearings, as may be requested by the Owner, furnishing plans and other data produced in the course of work on the Project, as may be requested from time to time by the Owner to effect such cooperation and compliance with all directives issued by the Owner in accordance with this agreement. It is understood and agreed that Federal and State regulators may have access to the work and be furnished information as directed by the Owner. ACCURACY OF WORK The Consultant shall be responsible for the accuracy of the work and shall promptly correct its errors and omissions without additional compensation. Acceptance of the work by the Owner will not relieve the Consultant of the responsibility for subsequent correction of any errors and the clarification of any ambiguities. At any time during the construction of the improvement provided for by the plans or during any phase.of work performed by others based on data secured by the'Consultant under the Agreement, the Consultant shall confer with the Owner for the purpose of interpreting the information obtained and to correct any errors or omissions made by it. The Consultant shall prepare any plans or data required by the Owner to correct its errors or omissions. The above consultation, clarification, or correction shall be made without added compensation to the Consultant. The Consultant shall give immediate attention to these changes so there will be a minimum of delay to others. CHANGE IN THE WORK The Owner may at any time as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. 5 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 The Owner reserves the right to make at any time such alterations in ~he charact~r ofthe workas the Owner may consider necessary or desirable to complete the proposed work in a satisfactory manner and consistent with the intent of these Contract Documents. Notice of every such alteration or change shall be given in writing to the Consultant by the Owner, and no such alteration or change' shall be considered as constituting a waiver of any of the provisions of these Contract Documents or as nullifying or invalidating any of such provisions. Should any such alteration or change result in an increase or decrease in the quantity or the cost of the work described in these Contract Documents, the total amount payable under the Contract will be accordingly modified. If alterations or changes are thus made, the contract time will be correspondingly modified, if the Consultant so requests, before commencing the work attributable to such alterations or changes. It is understood and agreed that the Consultant shall perform all extra work that may be ordered in writing by the Owner arising out of the modification of the Specifications or Drawings made or approved by the Owner. For this extra work, the Consultant shall be compensated as provided hereinafter and in the Change Order covering the additional services. All Change Orders must be approved by the Owner and those governmental agencIes whose approval is required. ADDITIONAL SERVICES The Consultant may be required to perform additional services or tasks related to the work outlined in the Scope of this Agreement that are specific to site conditions and are not typical in nature. The Consultant shall, at the Owner's request, submit a proposal indicating man hours and costs to the Owner for approval. The Consultant shall not begin. on any task until the Owner issues written authorization to proceed. ASSISTANT DIRECTOR OF SOLID WASTE The Assistant Director of Solid Waste or his duly appointed representatives shall act as the Liaison Project Manager between the Consultant and the Owner and all utilities, and authorities or governments whose properties will be affected. The Consultant shall arrange for conferences and exchanges of data and information and for necessary approvals. All correspondence, data, information, and reports shall be directed to the Assistant Director of Solid Waste to provide for proper distribution to the parties concerned. The Consultant shall meet with the Owner for review of the work or submit in writing a project status update on a regular monthly basis as determined by the Owner. The Assistant Director of Solid Waste will expedite any necessary decisions affecting the performance of the Consultant's Agreement, but the Consultant shall not make use of the Assistant Director of Solid Waste services on trivial or minor matters normally to be decided by the Consultant. 6 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 DELIVERY OF NOTICES All written notices, demands, and other papers or documents to be delivered tOI the Owner Under this Agreement shall be delivered to the Owner's office, 4330 &ans Bridge Road, Augusta, Georgia 30805, Attention: Assistant Director of Solid Waste, or at such other place or places as may be subsequently designated by written notice to the Consultant. All written notices, demands, and other papers or documents to be delivered to the Consultant under this Agredment shall be directed to or at such a place or places subsequently to be designated in writing by the Consultant to the Owner. I SUPERVISION AND CONTROL The Consultant shall perform the services required to accomplish the work plan as stated above under such control and supervision by the Owner as the Owner may deem appropriate. I I EMPLOYMENT OF COUNTY'S PERSONNEL The Consultant shall not employ any person or persons in the employ of the Owner for any work required by the terms of this Agreement, without the written permission of the Owner except as may otherwise be provided for herein. REVIEW OF WORK Authorized representatives of the Owner may at all reasonable times review and inspect the project activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computations prepared by or for the Consultant, shall be available to authorized representative of the Owner for inspection and review at all reasonable times in the main offices of the Owner. Acceptance shall not relieve the Consultant of its professional obligation to correct, at its expense, any of its errors in work. The Public Works and Engineering Department may request at any time and the Consultant shall produce progress prints or copies of any work as performed under this Agreement. Refusal by the Consultant to submit progress reports and/or plans shall be cause to withhold payment to the Consultant until the 'Consultant complies with the Owner's request in this regard. The Owner's review recomInendations shall be incorporated into the plans by the Consultant. I 7 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 RESPONSIBILITY FOR CLAIMS AND LIABILITY I The Consultant shall be responsible for any and all damages to properties of persons caused by its employees, subcontractors, or agents, and shall hold harmless the Owner, it~ officers, agents, and' emI?!oyees from all suits, claims, actions, or damages of any nature whatsoever to the extent found to be resuiting from the Consultant, its subcontractors, or agents in the negligent performance or non- performance of work under this Agreement. These indemnities shall not be libited by reason of the listing of any insurance coverage. I INSURANCE The Consultant shall obtain certificates to the Owner for the following Linimum amounts of Insurance: A. Workmen's Compensation Insurance in accordance with the laws of the State of Georgia. B. General Liability Insurance in an amount of not less than One Hundred Thousand ($100,000.00) Dollars for injuries, including those resulting in death to anyone person, and in an amount of not less than Three Hundred Thousand ($300,000.00) Dollars on account of anyone occurrence. , C. The Consultant shall procure and maintain, at his own expense, <;luring the life of the Contract, in accordance with the provisions of the laws of the state :in which the work is performed, Workman's Compensation Insurance, including occupatio~al disease provisions, for all of his employees at the site of the project and in case any work is sublet, the Consultant shall require such Subcontractor similarly to provide Workman s Compensation Insurance, including occupational disease provision for all of the latter's employees unless such employees are covered by the protection afforded by the Consultant. In case any class of employees engaged in hazardous work under this Contract at the site of the Project is not protected under Workman's Compensation statute, the Consultant shall provide and shall cause each Subcontractor to provide adequate and suitable insurance fqr the protection of his I ' employees not otherwise protected. D. Each insurance policy shall be renewed 10 days before the expiration date thereof. E. Insurance policies must be carried by a recognized insurance cOD;1pany licensed to do business in the state in which the project is constructed and approved by the Owner's Attorney. COMPENSATION The Owner shall compensate the Consultant for services, which have been authorized by the Owner under the terms of this Agreement. I The Consultant may submit to the Owner a monthly invoice, in a form acceptable to the Owner and accompanied by all support documentation requested by the Owner, I for payment for the services, which were completed during the billing period. I I 8 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 The Owner shall review for approval said invoices. The Owner shall hav(, the right to reject payment of any invoice or part thereof if not properly supported, or if the costs requested or a part thereof, as determined solely by the Owner, are unreasonably in excess of the actual stage of completion of each phase. The Owner shall pay each such invoice or portion thereof as approved, , provided that the approval or payment of any such invoice shall not be considered to be evidence of performance by the Consuitant to the point indicated by such invoice, or of receipt of acceptance by the Owner of the services covered by such invoice. The Owner shall pay any undisputed items contained in such invoices. The Consultant will indemnify and save the Owner or the Owner's agents harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the work. The Consultant shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Consultant fails to do so the Owner may, after having notified the Consultant, either pay unpaid bills or withhold from the Consultant's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Consultant shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Consultant, his Surety, or any third party. In paying any unpaid bills of the Consultant, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Consultant and the Owner shall not be liable to the Consultant for any such payments made in good faith. It is understood and agreed that the approval of the progress payment request and the paying of a partial payment shall not be construed as acceptance of any work, materials, or products and shall not relieve the Consultant in any way from his responsibilities and obligations under these Contract Documents. A partial payment will not be made when, in the judgment of the Owner or the Owner's, the work is not proceeding in accordance with any of the provisions of these Contract Documents. ACCEPTANCE OF FINAL PAYMENT AS RELEASE The acceptance by the Consultant of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Consultant other than claims in stated amounts as may be specifically excepted by the Consultant for all things done or furnished in connection with this work and for every act and neglect of the Owner and other relating to or arising out of this work. Any payment, however, final or otherwise, shall not release the Consultant or his Sureties from any obligations under the Contract Documents. 9 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 INDEMNIFICATION The Consultant will indemnify and hold harmless the Owner and their agents and employees from' and ('lgainst all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the work, provided that any such claim; damage, loss or expense is attributable to bodily injury, sickness, disease or-death, or to injury to or destruction of tangible property, including the loss' of use resulting there from; and is caused in whole or in part by any negligent or willful act or omission of the Consultant and Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. In any and all claims against the Owner or any of their agents or employees, by an employee of the Consultant, Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any Subcontractor under Workman's Compensation acts, disability benefit acts or other employee benefits acts. CONTRACT DISPUTES This Agreement shall be deemed to have been executed in Augusta Richmond County, Georgia, and all questions of interpretation and construction shall be governed by the Laws of the State of Georgia. All claims, disputes and other matters in question between the Owner and the Consultant arising out of or relating to the Agreement, or the breach thereon shall be decided in the Superior Court of Richmond County, Georgia. The Consultant, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. SEPARATE CONTRACTS The Owner reserves the right to let other contracts in connection with this Project. The Consultant shall afford other contractors/consultants reasonable opportunity for the execution of their work and shall properly connect and coordinate his work with theirs. If the proper execution or results of any part of the Consultant's work depends upon the work of any other Consultant, the Consultant shall inspect and promptly report to the Assistant Director of Solid Waste any defects in such work that render it unsuitable for such proper execution and results. The Owner may perform additional work related to the Project by himself or he may let other contracts containing provisions similar to these. The Consultant will afford the other Consultants who are parties to such contracts (or the Owner, if he is performing the additional work himself), reasonable opportunity for the execution of the work and shall properly connect and coordinate his work with theirs. 10 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 If the performance of additional work by other Consultants or tbe Owner is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to' the Consultant prior to starting any such additional work. If the Consultant believes that the performance of such additional work by the Owner or others involves him in additional expense or entitles him to an extension of the contract time, he may make a claim therefore as provided in Sections "Change in the Work" and "Change in Contract Price". SUBCONTRACTING The Consultant may utilize the services of specialty Subcontractors on those parts of the work, which, under normal contracting practices, are performed by specialty Subcontractors. The Consultant shall not award work to Subcontractor(s), in excess of fifty (50%) percent of the Contract Price, without prior written approval of the Owner. The Consultant shall be fully responsible to the Owner for the acts and omISSIOns of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him. The Consultant shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind the Subcontractors to the Consultant by the terms of the Contract Documents insofar as applicable to the work of Subcontractors and to give the Consultant the same power as regards terminating any subcontract that the Owner may exercise over the Consultant under any provision of the Contract Documents. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. The Consultant shall give his personal attention to the fulfillment of the Contract and shall at all times keep the work under his control. The Consultant may subcontract portions of the work; however, he shall not award any work to any subcontractor without prior written approval of the Owner. The Owner's approval will not be given until the Consultant submits to the Owner a satisfactory statement concerning the proposed award to a subcontractor. "Work" as used herein, shall include the procurement and/or fabrication and the installation of the equipment described in the Specifications. The Consultant shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for acts or omissions of persons directly employed by him. All subcontractors shall be deemed to be agents of the Consultant. 11 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 The approval of the Owner of any subcontractor shall not, under :my circumstances, operate to relieve the Consultant or his sureties of any of his or their obligations under these Contract' Documents. It is understood and agreed that all subcontracts and approvals of subcontractors shall be based upon the requisite of performance by the subcontractor in accordance with these Contract' Docll;IDents; and should any subcontractor fail to perform his work to the satisfaction of 'the Engineer, the Owner shall have the absolute right to rescind his approval at once and to require the performance of such work by the Consultant or entirely or in part through other approved subcontractors. The Consultant shall submit a list of the names and addresses of proposed subcontractors, together with the type of work to be provided, with his bid. The Consultant will not be allowed to make changes in the list without the Owner's approval. The Consultant shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Consultant by the terms of these Contract Documents insofar as applicable to the work of subcontractors and to give the Consultant the same power as regards terminating any subcontract that the Owner may exercise over the Consultant under any provision of these Contract Documents. The Consultant shall inspect all work performed by subcontractors for compliance with these Contract Documents. TAXES. PERMITS AND LICENSES The Consultant shall pay all applicable taxes levied by federal, state, and local governments and obtain all permits on any part of the work as required by law in connection with the work. It is understood and agreed that the cost of said taxes is included in the contract price( s) for the work. The Consultant shall procure all temporary and permanent permits and licenses necessary and incidental to the due and lawful prosecution of the work and shall pay all charges and fees, and all costs thereof shall be deemed to be included in the contract price(s) for the work. SPECIAL RESTRICTIONS No site work shall be allowed after the hours of darkness or on Sunday and Holiday without permission of the Owner. 12 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 TIME FOR COMPLETION AND LIQUIDATED DAMAGES The date of beginning and the time for completion of the work are essential conditions of the ContHiCt Documents and the work embraced shall be commenced on the date specified in the NotiCe to Proceed. The Consultant will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the Consultant and the Owner, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. If the Consultant shall fail to complete the work within the contract time or extension of time granted by the Owner, then the Consultant will pay to the Owner the amount for liquidated damages the sum of $100.00 for each calendar day that the Consultant shall be in default after the time stipulated in the Contract Documents. The Consultant shall not be charged with liquidated damages or any excess cost when the delay in completion 'of the work is due to the following and the Consultant has promptly given written notice of such delay to the Owner or Assistant Director of Solid Waste. 1. To any preference, priority or allocation order duly issued by the Owner. 2. To unforeseeable causes beyond the control and without the fault of negligence of the Consultant, including but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather; and 3. To any delays of subcontractors occasioned by any of the causes specified in Paragraphs I and 2 of this Article. The assessment of liquidated damages for failure to complete the WORK within the CONTRACT TIME shall not constitute a waiver of the Owner's right to collect any additional damages, which the OWNER may sustain, by failure of the Consultant to carry out the terms of his CONTRACT. Time extensions, however, will not be granted for rain, wind, flood or other natural phenomena of normal intensity for the locality where WORK is performed. For purpose of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for at least any continuous one-fourth of the CONTRACT PERIOD involved with the average of the preceding 5 year climatic range during the same time interval based on US Weather Bureau statistics for the locality where the WORK is performed. 13 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 ~ CONFIDENTIALITY The Consultant agrees that its conclusions and any reports are for the confidential information of the ()wner and that it will not disclose its conclusions in whole or in part to any person whatsoever, other than to submit its written documentation to the Owner, and will 6dy discuss the same with it or its authorized representatives. Upon completion of this agreement term, all documents, reports, maps, data and studies prepared by the Consultant pursuant thereto shall become the property of the Owner and be delivered to the Assistant Director of Solid Waste. Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this agreement shall not be presented publicly or published without prior approval writing of the Owner. It is further agreed that if any information concerning the project, its conduct, results, or data gathered or processed should be released by the Consultant without prior approval from the Owner, the release of same shall constitute grounds for termination of this agreement without indemnity to the Consultant, but should any such information be released by the Owner or by the Consultant with such prior written approval, the same shall be regarded as public information and no longer subject to the restrictions of this agreement. IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below. Executed on behalf of Consultant. RECOMMENDED FOR APPROVAL: !/i& Title: ' Title: 15 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 SCOPE OF SERVICES General Scope of Services The services to be furnished by the Consultant under this Agreement shan be necessary for "Professional Project Management Consulting" Services shall be provided in accordance with the Professional Project Management Consultant Plan as requested in Augusta, Georgia. See attached Professional Project Management Consultant Plan (Exhibit A) 16 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 PROFESSIONAL PROJECT MANAGEMENT CONOUL T ANT PLAN Scope of Services Professional Project Management Consultant will provide project management services, but are not limited to, for the following projects: · Deans Bridge Road MSW Phase III Cell I Landfill Construction Project · Scale House Building Construction · Administration Building Construction · Maintenance Building Construction · Customer Drop Off Area · Regional Groundwater Study · Deans Bridge Road MSW Phase II Cell 2-C Landfill Closure · Truck Wash and Leachate Pumps Installation Typical duties to be performed by the consultant shall include, but are not limited to, the following: 1 Assist Augusta Richmond County (ARC) with the pre-bid, bidding and selection process activities on an as-needed basis. ' 2. Provide technical and administrative management services for the project, coordination and oversight of all activities related to the construction of the project, maintain close liaison with ARC's Assistant Director of Solid Waste, and copy the ARC's Assistant Director of Solid Waste on all correspondence. 3. Maintain project files at the job site. At a minimum, project files shall include the following: . All contract documents (i.e. Instructions to Bidders. Contract/Agreement) . Proposal, Bid schedule, Sub-contractors listing, Bonds, Non-Collusion . Affidavit, General Conditions. Special Conditions. Technical . Specifications, and Construction Quality Assurance Requirements). . Relative permits and requirements from local governments or regulatory agencies. . Appropriate reference specifications, standards, and standard plans. . Notice to Proceed and contract time accounting procedure and documentation. . Equipment and material submittal log., (The construction contract shall he reviewed for submittal requirements and due dates shall be established). . Correspondence log. . Progress payment format in compliance with ARC's Assistant Director of Solid Waste. . Project personnel and emergency phone numbers. . Contract change order documentation and approval procedures. . Daily construction report format. (Supplemented by daily Geotechnical reports or CQA reports prepared on printed forms). 18 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 . Required safety documentation and equipment. . Project photographic log. . Record drawing format. 4. Prepare and review agendas for the pre-construction conference and weekly progress meetings. 5. Prepare and reVIew minutes for the pre-construction conference and weekly progress meetings. 6. Review and monitor the contractors schedule through weekly meetings, daily inspections records, weekly status reports, and correspondence related to project activities. 7. Identify actual and potential problems associated with the construction project and consult with the design engineer and ARC's Assistant Director of Solid Waste to implement engineering solutions. Problems shall he brought to the contractors attention immediately so that corrective action can he taken as soon as possible to minimize the impact on the overall construction schedule. 8. Maintain an awareness of health and safety requirements and enforce applicable contract provisions for the protection ofthe public and project personnel. 9. Consultant shall confer with and advise the ARC's Assistant Director of Solid Waste regarding the status of any significant items, and verify that appropriate notifications and/or coordination for specific events have taken place. 10. Coordinate submittal reviews with the design engineer. 11. Prepare progress payments to contractor, for ARC's Assistant Director of Solid Waste approval. 12. Review contractors as-built drawing markups pnor to submission to ARC's Assistant Director of Solid Waste. 19 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 ~ , 21. 22. 1- 23B. Office of The Administrator George R. Kolb Administrator Room 801 - Municipal BWlding 530 Greene Street- AUGUSTA, GA.30911 (706) 821-2400 - FAX (706) 821-2819 www.augustaga.gov March 4-, 2003 Ms. Teresa Smith Public Works & Engineering Director 1815 Marvin Griffin Road Augt.tsta, GA 30906 Dear Teresa: , The Augusta Commission, at their regular meeting held Tuesday March 4-, 2003 took action on the following items. '. 18. , , Approved the permanent repairs of the Windsor Spring Road sinkhole at an estimated cost of $500,000 funded from SPL05T Phase IV. (Approved by Engineering Services Committee February 24-, 2003) Authorized Public Works and Engineering to award a contract to Aqua Design Systems of Fayetteville, GA for design and construction of the replacement of the fountain at the 8th Street Plaza on Riverwalk. As designed, the cost is $114-,700 to be funded from capital ,account 272-04-2260-54-.1211 o. (Approved by Engineering Services Committee February 24-, 2003) Authorized the 1Jse of One Percent Sales Tax Phase 111 and Phase IV Paving Dirt Roads Program Funds for improvements to the Belair Hills Estates Subdivision. (Approved by Engineering Services Committee February 24-, , 2003) Approved up to a six-month extension of professional services support for BMS Enterprises in an amount not to exceed $70,000 to provide program management to the Solid Waste Division. Funding for this extension is from unused salaries in this program because of management positions being vacant. (Approved by Engineering Services Committee February 24-, 2003) Ms. Teresa Smith March 4, 2003 Page 2 30. Postponed until next Commission Meeting the recommendation from the Deputy Administrator/Public Works Director regarding he request by Ms. Pearline Franklin for a second trash can for trash pickup. No Recommendation from Engineering Services Committee February 24, 2003) lfyou have any questions, please contact me. Yours truly, {~ Frederick L Russell Deputy Administrator cc: Ms. Geri Sams Mr. David Persaud Ms. Donna Williams 03-04-03: #18, #21, #22, #238, #30, t Office of The Administrator George R. Kolb Administrator Room 801 - Municipal Building 530 Greene Street- AUGUSTA, GA. 30911 (706) 821-2400 - FAX (706) 821-2819 September 17, 2002 Ms. Teresa Smith Public Works & Engineering Director 1815 Marvin Griffin Road Augusta, GA 30906 Dear Teresa: The Augusta Commission, at their regLilar meeting held Tuesday, September 17, 2002 took action on the following items. ' 37. Directed Utilities/Public Works Departments to provide a report in the 9/23/02 Engineering Services Committee Meeting as to when 1l10mas J. Norris can get a resolution on the water drainage problems and road work at 1704 Orange Avenue. (Deferred from July 8 Engineering Services) 39. Approved Capital Project Budget (CPB# 324-05201150420) in the amount of $95,050 to be funded from Special Purpose Local Option Sales Tax (SPLOST) Phase IV for Records Retention Roof Replacement. Also authorize Public Works and Engineering to award a contract to the low bidder, Osborn and Son Construction Management, in the amount of $30,960.00 to install a new standing seam metal roof over the existing' roof subject to exerution of contract and receipt of proper bonds. 46. Awarded contract to Empire" Tree and Turf in the amount of $18,730.75, subject to execution of signed contractual documents, for the Tree Removal Project (CPB # 324-06-201160011) funded fr0111 the One Cent Sales Tax, Phase IV. 47. Approved a budget amendment to increase both 2002 budget and revenue for the Augusta Richmond Coun~ Solid Waste Disposal Facili~by $1,040,720. 48. Approved Proposed 2003 LARP Program List. .f I /7 // it Ms. Teresa Smith September 17, 2002 Page 2 49. Approved a six-month extension of professional services support with BMS Enterprises, Inc. in an amount not to exceed $70,000 to provide program management support to the Solid Waste Division of the Public Works and Engineering Department. Funding for this extension is from lapsed salaries in this program because of management positions being vacant. If you have any questions, please contact me. Yours truly, ~ {,/J( Frederick L. Russell Deputy Administrator cc: Mr. Max Hicks Ms. Geri Sams Mr. David Persaud Ms. Donna Williams 09-17-02: #37, #39, #46 - #49 : ,. " Date: To: From: Subject: Project No.: File Reference No.: Public Works and Engineering Department Teresa Co Smith, P.E., Director 1815 Marvin Griffin Road Augusta, Georgia 30906 (706) 796-5040 Fax (706) 796-5045 MEMORANDUM OF TRANSMITTAL h'/u rW- t+~ ~j (DIL (0)1 5 October 6, 2003 Beverly Rowell Elizabeth Carrera Admin. Assistant BMS Supplemental Agreement - Landfill 03-008 We are sending you 0 attached 0 under separate cover: # Copies Dated 1 9-2-03 Description BMS Enterprise Inc. Supplemental Agreement Comments: Please update P.O. Cc: Doreen Holmes, Purchasing Main File ,\, AUGUST A-RICHMOND COUNTY' DEPARTMENT OF PUBLIC WORKS & ENGIN SUPPLEMENTAL AGREEMENT '....'.91. .... / fse~ ~~j!.n(~~_ :::.. I (. ) i/) /1' .,..-, ", ~ ~ )L.\....l~~-~".,J. SUPPLEMENTAl r'-'''- /" --r-t I..i( . . t I" -~,"--- ~~'4t"-. ; i /... ,~;;. !\l J f /. d}.,.' " , '-"1 l.L-i/' ,i , T- ',,"," I WHEREAS, We, BMS Enternrises Inc. , entered into a contract with Augusta-Richmond County on , for Consulting & LFL MGMT Services providing Program Management Support associated with the A R(' Solid Waste Facility, PO No. P59977 File Reference No. 03-008. WHEREAS, certain revisions to Consulting & LFL MGMT Services providing Program Management Support requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental 'Agreement to-wit: Additional performance requirements to add Add one ac::lditiol:JaJ month It is agreed that as a result of the above modification the contract amount is extended for September 2003 (9/02/03 thru 9/30/03) - $9,700.00 This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, BMS Enterprises. Inc , hereby agree to said Supplemental Agreement consisting of the above mentioned.items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, e~ept insofar as it might be modified by this Supplemental Agreement. ~ ThiS~ dayo~J~mb~r ,2003_. OMMEND FOR APPROVAL: q)MS f;:,L~sr<I1nf. " ,-' .,...-"'"'- Approved: Date (1- Ii) ~ cJ), [ATTACHED CORPORATE SEA!.,] .~ Sit. Title: January 2001 ... ." AUGUSTA-RICHMOND COUNTY DEP ARTMENT OF PUBLIC WORKS & ENGIi~EERING SUPPLEMENTAL AGREEMENT FILE PO No. P59977 SUPPLEMENTAL AGREEMENT NO:.l. WHEREAS, We, BMS Enternrises Inc. , entered into a contract with Augusta-Richmond County on , for Consulting & LFL MGMT Services providing Program Management Support associated with the A R(' Solid Waste Facility, PO No. P59977 File Reference No. 03-008. WHEREAS, certain revisions to Consulting & LFL MGMT >Services providing Program Management Support requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Additional performance requirements to add 4c;Jc;J onp ~ddjtjoual month It is agreed that as a result of the above modification the contract amount is extended for November 2003 (11/01/03 thru 11/30/03) - $9,700.00 This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, BMS Entervrises. Inc , hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made. a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. day of Or?f,:;biZ V , 2003_. 10 /~t fa!;; I I January 2001 .. . . \ AUGUST A-RICHMOND COUNTY DEPARTMENT OF PUBLIC WORKS & ENGINEERING .sUPPLEMENTAL AG_~F;J!:l\:1F;l'JIuumumuuuuuuU"'HHU'U' .... Deleted: CONSULTANT SERVICES PO No. f59977........{ Deleted:_ SUPPLEMENTAL AGREEMENT NO.3 I WHEREAS, We, BMS Enterprises Inc. , entered into a contract with Augusta-Richmond County on , for ~<;:.<?~~l!!t~~K.ft LFI"'uMGl\.1J.". ___~eleted: Environmental 1 Services providing Program Management Support associated with the l..RC Selid V.'aste ......fDeleted: and Landfill Management l 1.~a~ilit~..P~ .~~: .~5:?~?: ~JI~ :~e:f~~~:::~: ~~': ::~~~0:8~::::.:::::::::::::::::::::::::::::::::: ::::::::::::::::::::: 1-:::::=;~;': N~!.~i9hIi9~.t'1 WHEREAS, certain revisions to Consulting & LFL MGMT Services providing Program Management Support requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following j)uPt'I~lTI.~~ta}u"""'{ Deleted: Consultant Services Agreement to-wit: I. ....,.. .i\clcliti.OTl<lIl?(lr~TIaDZ':'~~~lIi:~~r~l~itdu. m.. m.. u u uu u. u m m.... u.u m. HH H' u....... Deleted: ' To provide environmental consultant services and landfill management services as specified in the attached Solid Waste Emergency Action Plan,ll It is agreed that as a result of the above modification the contract amount is extended for..., Deleted: December 2003 in the amount of $9,700.00. November 2003 (11/01103 thru 11/30103) - $9,700.00 ..,.,.,......:. u .u.,.... u... u..,.. uu... u....... .h.H'U'U U HUHH" ...h....... .UU. .UUU uuu. H.... u.... 'H:"::O<' ..{ Formatted: Font: 12 pt ) This agreement in no wav modifies or changes the original contract of which it becomes ..tForm~~~.: Normal!~~i,r.~9_..___J a part. except as specifically stated herein. NOW, THEREFORE, We, BMS Enterprises. Ine , hereby agree to said j)uRpleIl1eI1t(t1 !~gl~.eIl1e~!. ~ol?-~.ist~I).K ~f ~~. .~~~Y.~. Il1~~!i~n.~cl_ ~~eIl1~. ~~~. .P~.i'~~'~" .~cl. ag~.ee..... --- { Deleted: Consultant Services that this j)l!RP1.e~~~~!a}. ..i\g~~eIJlent .is. he.re~)' .Il1<':lcl~.. (t. .P.~. .oK .ttJ..e. .<?~ig!~~L.c~~t.~~~t. t~. ~e...... ,.' { Deleted: agreement performed under the specifications thereot: and that the original contract is in full force and effect, except insofar as it might be modified by ~tJ..is .~.l!l?l?!eIl1~.I).~1..i\g~~eIJl~~L U m........... { Deleted: a This- ' day (If , 2003_ RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY AUGUSTA, GEORGIA George Kolb, City Administrator Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] ATTEST: Title' January 2001 .. " " Public Works and Engineering Depar~ment Teresa C. Smith, P.E., Director Office of Solid Waste 4330 Deans Bridge Road Blythe, Georgia 30805 (706) 592-9634 Fax (706) 592-1658 MEMORANDUM GEORGE KOLB rlAfMINISTRATOR THROUGH)~ksA C. SMITH, P.E. DIRECTOR OF PUBLIC WORKS AND ENGINEERING ~ ' MARK JOHNSON ASSISTANT DIREC OR SOLID WASTE DIVISION TO: FROM: DATE: MAY 10, 2004 SUBJECT: SUPPLEMENTAL AGREEMENT FILE REFERENCE: 04-008B Attached is a supplemental agreement for your review and approval. This agreement will allow BMS Enterprises to Develop, Draft, and Finalize a bid, four RFQ's and two RFP's. All of these items relate to the immediate environmental needs, or the future construction to be completed at the Landfill. Should you have any questions or concerns, please do not hesitate to contact the Solid Waste Division at (706) 592-9634. Cc: Solid Waste Facility File ~ AUGUSTA-RICHMOND COUNTY DEPARTMENT OF PUBLIC WORKS & ENGINEERING SUPPLEMENTAL AGREEMENT PO No. 86484 SUPPLEMENTAL AGREEMENT NO:..! WHEREAS, We, BMS Enterprises Inc., entered into a contract with Augusta-Richmond County on January 6. 2004, for Environmental Consulting Services providing Program Management Support associated with the ARC Solid Waste Facility, PO No. P86484 File Reference No. 04-008. WHEREAS, certain revisions to Consulting & LFL MGMT Services providing Program Management Support requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Additional performance requirements to add the following; I. An all inclusive bid package for new leachate pumps to be delivered no later than 4/28/04 and all corrections and changes as required by Public Works and Engineering will be made as needed. 2. An all inclusive RFQ including rates for a project manager to oversee all Landfill projects including QA/QC, Landfill Construction, Facility Design, and Facility Construction. This shall be delivered by 5/7/04 and all corrections and changes as required by Public Works and Engineering will be made as needed. 3. An all inclusive RFQ including rates for Landfill QA/QC to be delivered by 5/15/04. Corrections and changes will be made as required by Public Works and Engineering. 4. An all inclusive RFQ and RFP for Landfill Construction will be delivered by 5/15/04. Corrections and changes will be made as required by Public Works and Engineering. 5. An all inclusive RFQ and RFP for Facility construction at the landfill. This will include a new administration building, scale facility, customer drop off area, and maintenance shop. This shall be delivered by 6/1 0/04 and all corrections or changes will be made as required by Public Works and Engineering. It is agreed that as a result of the above described modification the contract amount is increased by $9,800 from $60,100 to a new total of $69,900. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. January 2001 .l NOW, THEREFORE, We, BMS Enterprises. Inc , hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, e;-~..;ept insofar as it might be modified by this Supplemental Agreement. This day of ,2004. RECOMMEND FOR APPROVAL: 6;11g af0 '%/Jrk I Approved: Date [ATTACHED CORP ATTEST: Title' January 2001 ~ , . Public Works and Engineering Department Teresa C. Smith, P.E., Director Mark Johnson Assistant Director, Solid Waste Facility MEMORANDUM From: ~\I~alerie Jenkins IY' ~terim Office Manager To: Doreen Holmes Date: June 10, 2004 Subject: Supplemental Agreement-BMS File Reference- 04-008B 4330 Deans Bridge R()ad Blythe, Georgia 30805 (706) 592-9634 Fax (706) 592-1658 www.augustaga.gov Attached is Supplemental Agreement Number One for BMS Enterprises, Inc., in the amount of $9,800. This will increase Purchase Order No. P86484 from $60,100 to $69,900. This agreement will allow BMS Enterprises to Develop, Draft, and Finalize a bid. All of these items relate to environmental needs or future construction to be completed at the landfill., Funding for this agreement will come from account number 541-04-4210-52.12999. If you should have any questions, please contact me at 592-9634. /vrj Attachment Cc: Mary Boswell, Finance SW File ~ ". " Public Works and Engineering Department Teresa C. Smith, P.E., Director Office of Solid Waste 4330 Deans Bridge Road Blythe, Georgia 30805 (706) 592-9634 Fax (706) 592-1658 MEMORANDUM TO: GEORGE KOLB "AfMINISTRATOR THROUGH)1'JtmSA C. SMITH, P.E. DIRECTOR OF PUBLIC WORKS AND ENGINEERING FROM: MARKJOHNSON~ ASSISTANT DIRECmR SOLID WASTE DIVISION DATE: MAY 10, 2004 SUBJECT: SUPPLEMENTAL AGREEMENT FILE REFERENCE: 04-008B Attached is a supplemental agreement for your review and approval. This agreement will allow BMS Enterprises to Develop, Draft, and Finalize a bid, four RFQ's and two RFP's. All of these items relate to the immediate environmental needs, or the future construction to be completed at , the Landfill. Should you have any questions or concerns, please do not hesitate to contact the Solid Waste Division at (706) 592-9634. Cc: Solid Waste Facility File AUGUST A-RICHMOND COUNTY DEPARTMENT OF PUBLIC WORKS & ENGINEERING SUPPLEMENTAL AGREEMENT PO No. 86484 SUPPLEMENTAL AGREEMENT NO:..l WHEREAS, We, BMS Enterprises Inc., entered into a contract with Augusta~Richmond County on January 6, 2004, for Environmental Consulting Services providing Program Management Support associated with the ARC Solid Waste Facility, PO No. P86484 File Reference No. 04-008. WHEREAS, certain revisions to Consulting & LFL MGMT Services providing Program Management Support requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Additional performance requirements to add the following; 1. An all inclusive bid package for new leachate pumps to be delivered no later than 4/28/04 and all corrections and changes as required by Public Works and Engineering will be made as needed. 2. An all inclusive RFQ including rates for a project manager to oversee all Landfill projects including QNQC, Landfill Construction, Facility Design, and Facility Construction. This shall be delivered by 5/7/04 and all' corrections and changes as required by Public Works and Engineering will be made as needed. 3. An all inclusive RFQ including rates for Landfill QNQC to be delivered by 5/15/04. Corrections and changes will be made as required by Public Works and Engineering. 4. An all inclusive RFQ and RFP for Landfill Construction will be delivered by 5/15/04. Corrections and changes will be made as required by Public Works and Engineering. 5. An all inclusive RFQ and RFP for Facility construction at the landfill. This will include a new administration building, scale facility, customer drop off area, and maintenance shop. This shall be delivered by 6/10/04 and all corrections or changes will be made as required by Public Works and Engineering. It is agreed that as a result of the above described modification the contract amount is increased by $9,800 from $60,100 to a new total of$69,900. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. January 2001 NOW, THEREFORE, We, BMS Enterprises. Inc , hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, :'~Tcept insofar as it might be modified by this Supplemental Agreement. This day of ,2004. RECOMMEND FOR APPROVAL: 6A~at~JJ:uL I Approved: Date [ATTACHED CORP ATTEST: Title' January 2001 Public Works and Engineering Department Teresa C. Smith, P.E., Director 4330 Deans Bridge Road Blythe, Georgia 30805 (706) 592-9634 Fax (706) 592-1658 www.augustaga.gov Mark Johnson AssistantDirector, Solid Waste Facility MEMORANDUM TO: GEORGE KOLB, ADMINISTRATOR . FROM:) d TERESA SMITH, P.E., DIRECTOR DATE: MARCH 11,2004 SUBJECT: CONSULTANT SERVICE AGREEMENT FILE REFERENCE: 04 - 008 Enclosed you will find a contract agreement between BMS Enterprises and Augusta Richmond County which requires your signature. The Commission allowed Public Works to enter an agreement between BMS Enterprises, INC. and the Department Of Public Works And Engineering for environmental consulting. TS/vh Cc: Mark Johnson, Assistant Director of Solid Waste Facility File: ./ CONSULTANT SERVICES AGREEMENT BETWEEN PUBLIC WORKS & ENGINEERING DEPARTMENT AND "ENGINEERING CONSULTANT" FOR ,DEANS BRIDGE ROAD MUNICIPAL SOLID WASTE LANDFILL PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES , '\ Augusta-Richmond County Landfill Engineering Consultant Service Agreement o January 2004 . . TABLE OF CONTENTS Page CvNSULTANTSERVICESAGREE~ffiNT 2 CONSULTING CRITERIA 3 AMOUNT OF CONTRACT 4 GENERAL CONDITIONS 5 Consultant Coordination Accuracy of Work Change In The Work Additional Services Assistant Director Of Solid Waste Delivery Of Notices Supervision And Control Employment Of County's Personnel Review Of Work Responsibility For Claims And Liability Insurance Compensation Acceptance Of final Payment Indemnification ' Contract Disputes Separate Contracts Subcontracting Taxes, Permits and Licenses Special Restrictions Time For Completion and Liquidated Damages Contract Termination Personnel Electronic Documents Confidentiality 5 5 6 6 7 7 7 7 8 8 9 10 10 11 12 12 13 14 14 14 15 Scope Of Services 16 General Scope of Services 16 Exhibit A 17 Solid Waste Environmental 4 Month Action Plan Proposal Sole Source 17 17 17 Augusta-Richmond County Landfill Engineering Consultant Service Agreement 1 January 2004 Justification Finished Products CONSULTANT SERVICES AGREEMENT BETWEEN DEPARTMENT OF PUBLIC WORKS AND ENGINEERING AUGUSTA GEORGIA COMMISSION AND "BMS ENTERPRISES, INC" 17 18 This Agreement is made and entered into this 27th day of January 2004, by and between Augusta, Georgia, hereinafter called the "Owner" and BMS ENTERPRISES, INC a Corporation authorized to do business in Georgia, hereinafter called the "Consultant." Whereas, the Owner desires to engage a qualified and experienced consulting firm to furnish professional services for: "Environmental Engineering, Consulting" Whereas, the Consultant has represented to the Owner that it is experienced and qualified to provide the ,services contained herein and the Owner has relied upon such representation. Now, therefore, in consideration of the mutual promises and covenant herein contained, it is agreed by and between the Owner and the Consultant that the Consultant shall provide the professional services of the project (sees Solid Waste Environmental 4 Month Action Plan). ' Augusta-Richmond County Landfill Engineering Consultant Service Agreement 2 January 2004 CONSULTING CRITERIA Investigations and evaluations are required in order to complete the Solid Waste Environmental 4 Month action Plan for Deans Bridge Road MSW Subtitle D landfill compliance requirements. The Consultant shall gather from the Owner all available data and information pertinent to the performance of the services for the Project. The Owner shall have the final decision as to what data and information is pertinent The Consultant shall ensure that the data and information meet applicable standards as specified herein. The Consultant shall report in writing any discovery of errors or omissions contained in the data and information furnished by the Owner. The Consultant shall visit and become familiar with the Project site and shall become acquainted with . local conditions involved in carrying out this Agreement. The Consultant may request that a representative of the Owner be present during the site visit. The Consultant shall recommend and secure the Owner's written approval of, the manner of project plans presentation and the methods to be used in the plan preparation so that these plans can be best utilized, as determined by the Consultant and approved by the Owner. Upon receipt of the Owner's written approval of the manner of the project plan presentation and methods of plan preparation, the Consultant shall proceed with implementation of plan preparation. ; i Augusta-Richmond County Landfill Engineering Consultant Service Agreement 3 January 2004 AMOUNT OF CONTRACT It is agreed that the compensation hereinafter specified to perform the services (see Solid Waste Environmental 4 Month Action Plan) required by this Agreement includes both direct and indirect costs chargeable to the project as further defined in Solid Waste Environmental 4 Month Action Plan. The maximum obligation of the Owner to the Consultant under the terms of this Agreement shall be: $60,100 Augusta-Richmond County Landfill Engineering Consultant Service Agreement 4 January 2004 GENERAL CONDITIONS CONSULTANT COORDINATION The Consultant shall cooperate fully with Federal and State official, consultants on adjacent projects, municipalities and local government officials, utility companies, railroads, and others, as may be directed by the Owner. Such cooperation shall include attendance at meetings, discussions, and hearings, as may be requested by the Owner, furnishing plans and other data produced in the course of work on the Project, as may be requested from time to time by the Owner to effect such cooperation and compliance with all directives issued by the Owner in accordance with this agreement. It is understood and agreed that Federal and State regulators may have access to the work and be furnished information as directed by the Owner. ACCURACY OF WORK . The Consultant shall be responsible for the accuracy of the work and shall promptly correct its , errors and omissions without additional compensation. Acceptance of the work by the Owner will not relieve the Consultant of the responsibility for subsequent correction of any errors and the clarification of any ambiguities. At any time during the' construction of the improvement provided for by the plans or during any phase of work performed by others based on data secured by the Consultant under the Agreement, the Consultant shall confer with the Owner for the purpose of interpreting the information obtained and to correct any errors or omissions made by it. The Consultant shall prepare any plans or data required by the Owner to correct its errors or omissions. The above consultation, clarification, or correction shall be made without added compensation to the Consultant. The Consultant shall give immediate attention to these changes so there will be a minimum of delay to others. CHANGE IN THE WORK The Owner may at any time as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract D~curnents or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. Augusta-Richmond County Landfill Engineering Consultant Service Agreement 5 January 2004 . . The Owner reserves the right to make at any time such alterations in the character of the work as the Owner may consider necessary or desirable to complete the proposed work in a satisfactory manner, and consistent with the intent of these Contract Documents. Notice of every such alteration or change shall be given in writing to the Consultant by the Owner, and no such alteration or change sl~",:l be considered as constituting a waiver of any of the provisions of these Contract Documents or as nullifying or invalidating any of such provisions. Should any such alteration or change result in an increase or decrease in the quantity or the cost of the work described in these CO!ltract Documents, the total amount payable under the Contract will be accordingly modified. If alterations or changes are thus made, the contract time will be correspondingly modified, if the Consultant so requests, before commencing the work attributable to such alterations or changes. It is understood and agreed that the Consultant shall perform all extra work that may be ordered in writing by the Owner arising out of the modification of the Specifications or Drawings made or approved by the Owner. For this extra work, the Consultant shall be compensated as provided hereinafter and in the Change Order covering the additional services. All Change Orders must be approved by the Owner and those governmental agencies whose approval is required. ADDITIONAL SERVICES The Consultant may be required to perform additional services or tasks related to the work outlined in the Scope of this Agreement that are specific to site conditions and are not typical in nature. The Consultant shall, at the Owner's request, submit a, proposal indicating man hours and costs to the Owner for approval. The Consultant shall not begin on any task until the Owner issues written authorization to proceed. ASSISTANT DIRECTOR OF SOLID WASTE The Assistant Director of Solid Waste or his duly appointed representatives shall act as the Liaison Project Manager between the Consultant and the Owner and all utilities, and authorities or governments whose properties will be affected. The Consultant shall arrange for conferences and exchanges of data and information and for necessary, approvals. All correspondence, data, information, and reports shall be directed to the Assistant Director of Solid Waste to provide for proper distribution to the parties concerned. The Consultant shall meet with the Owner for review of the work or submit in writing a project status update on a regular monthly basis as determined by the Owner. The Assistant Director of Solid Waste will expedite any necessary decisions affecting the performance of the Consultant's Agreement, but the Consultant shall not make use of the Assistant Augusta-Richmond County Landfill Engineering Consultant Service Agreement 6 January 2004 Director of Solid Waste servIces on trivial or minor matters normally to be decided by the " Consultant. DELIVERY OF NOTICES All written notices, demands, and other papers or documents to be delivered to the Owner Under this Agreement shall be delivered to the Owner's office, 4330 deans Bridge Road, Augusta, Georgia 30805, Attention: Assistant Director of Solid Waste or at such other place or places as may be subsequently designated by written notice to the Consultant. All written notices, demands, and other papers or documents to be delivered to the Consultant under this Agreement shall be directed to or at such a place or places subsequently to be designated in writing by the Consultant to the Owner. SUPERVISION AND CONTROL The Consultant shall perform the services required to accomplish the work plan as stated above under such control and supervision by the Owner as the Owner maydeem appropriate. EMPLOYMENT OF COUNTY'S PERSONNEL The Consultant shall not employ any person or persons in the employ of the Owner for any work required by the terms of this Agreement, without the written permission of the Owner except as may otherwise be provided for herein. REVIEW OF WORK Authorized representatives of the Owner may at all reasonable times review and inspect the project activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computations prepared by or for the Consultant, shall be available to authorized representative of the Owner for inspection and 'review at all reasonable times' in the main offices of the Owner. Acceptance shall not relieve the Consultant of its professional obligation to correct, at its expense, any of its erro:rs in work. The Public Works and Engineering Department may request at any time and the Consultant shall produce progress prints or copies of any work as performed under this Agreement. Refusal by the Consultant to submit progress reports and/or plans shall be cause to withhold payment to the Consultant until the Consultant complies with the Owner's request in this regard. The Owner's review recommendations shall he incorporated into the plans by the Consultant. Augusta-Richmond County Landfill Engineering Consultant Service Agreement 7 January 2004 RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant shall be responsible for any and all damages to properties or persons caused by its employees, subcontractors, or agents, and shall hold harmless the Owner, its officers, agents, and eE~:,loyees from all suits, claims, actions, or damages of any nature whatsoever to the extent found to be resulting from the Consultant, its subcontractors, or agents in the negligent performance or non- performance of work under this Agreement. These indemnities shall not be limited by reason of the ' listing of any insurance coverage. INSURANCE The Consultant shall obtain certificates to the Owner for the following minimum amounts of Insurance: A. Workmen's Compensation Insurance in accordance with the laws of the State of Georgia. B. General Liability Insurance in an amount of not less than One Hundred Thousand ($100,000.00) Dollars for injuries, including those resulting in death to ally one person, and in an amount of Iiotless than Three Hundred Thousand ($300,000.00) Dollars on account of anyone occurrence. C. The Consultant shall procure and maintain, at his own expense, during the life of the 'Contract, in accordance with the provisions of the laws of the state in which the work is performed, Workman's Compensation' Insurance, including occupational disease provisions, for all of his employees at the site of the project and in case any work is sublet, the Consultant shall require such Subcontractor similarly to provide Workman s Compensation Insurance, including occupational disease provision for all of the latter's employees unless such employees are covered by the protection afforded by the Consultant. In case any class of employees engaged in hazardous work under this Contract at the site of the Project is not protected under Workman's Compensation statute, the Consultant shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection' of his employees not otherwise protected. ' D. Each insurance policy shall be renewed 10 days before the expiration date thereof. E. Insurance policies must be carried by a recognized insurance company licensed to do business in the state in which the project is constructed and approved by the Owner's' Attorney. COMPENSATION The Owner shall compensate the Consultant for services, which have been authorized by the Owner under the terms of this Agreement. The Consultant may submit to the Owner a monthly invoice, in a form acceptable to the Owner and accompanied by all support documentation requested by the Owner, for payment for the Augusta-Richmond County Landfill Engineering Consultant Service Agreement 8 January 2004 services, which were completed during the billing period. The Owner shall review for approval said invoices. The Owner shall have the right to reject' payment of any invoice or part thereof if not properly supported, or if the costs requested or a part thp.reof, as determined solely by the Owner, are unreasonably in excess of the actual stage of completion of each phase. The Owner shall pay each such invoice or portion thereof as approved, provided that the approval or payment of any such invoice shall not be considered to be evidence of performance by the Consultant to the point indicated by such invoice, or of receipt of acceptance by the Owner of the services covered by such invoice. The Owner shall pay any undisputed items contained in such invoices. The Consultant will indemnify and save the Owner or the Owner's agents harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the work. The Consultant shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Consultant fails to do so the Owner may, after having notified the Consultant, either pay unpaid bills or withhold from the Consultant's unpaid compensation a sum of money , deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities <have been fully discharged whereupon payment to the Consultant shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Con'sultant, his Surety, or any third party. In paying any unpaid bills of the Consultant, any payment so made by the' Owner shall be considered as a payment made under the Contract Documents by the Owner to the Consultant an:d the Owner shall not be liable to the Consultant for any such payments made in good faith. It is understood and agreed that the approval of the progress payment request and the paying of a partial payment shall not be construed as acceptance of any work, materials, or products and shall not relieve the Consultant in any way from his responsibilities and obligations under these Contract Documents. A partial payment will not be made when, in the judgment of the Owner or the Owner's, the work is not proceeding in accordance with any of the provisions of these Contract Documents. ACCEPTANCE OF FINAL PAYMENT AS RELEASE The acceptance by the Consultant of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Consultant other than claims in stated amounts as may be specifically excepted' by the Consultant for all things done or furnished in connection with this work and for every act and neglect of the Owner and other relating to or arising out of this work. Any payment, however, final or otherwise, shall not release the Consultant or his Sureties from any obligations under the Contract Documents. ,i Augusta-Richmond County Landfill Engineering Consultant Service Agreement 9 January 2004 INDEMNIFICATION The Consultant will indemnify and hold harmless the Owner and their agents and employees from and against all claims, damages, losses and expenses including attomey's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting there from; and is caused in whole or in part by any negligent or willful act or omission of the Consultant and Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. In any and all claims against the Owner or any of their agents or employees, by an employee of the Consultant, Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any Subcontractor under Workman's Compensation acts, disability benefit acts or other employee benefits acts. CONTRACT DISPUTES This Agreement shall be deemed to have been executed in Augusta Richmond County, Georgia, and all questions of interpretation shall be governed by the ~aws of the. State of Georgia. All claims, disputes and other matters in question between the Owner and the Consultant arising out of or relating to the Agreement, or the breach thereon shall be decided in the Superior Court of Richmond County, Georgia. The Consultant, by executing this Agreement, specifically consents to venue in Richmond County and waives any right'to contest the venue in the Superior Court of Richmond County, Georgia. ' SEPARATE CONTRACTS The Owner reserves the right to let other contracts in connection with this Project. The Consultant, shall afford other contractors/consultants reasonable opportunity for the execution of their work and shall properly connect and coordinate his work with theirs. If the proper execution or results of any part of the Consultant's work depends upon the work of any other Consultant, the Consultant shall inspect and promptly report to the Assistant Director of Solid Waste any defects in such work that render it unsuitable for such proper execution and results. The Owner may perform additional work related, to the Project by himself or he may let other contracts containing provisions similar to these. The Consultant will afford the other Consultants who are parties to such contracts (or the Owner, if he is performing the additional work himself), reasonable opportunity for the execution of the work and shall properly connect and coordinate his Augusta-Richmond County Landfill Engineering Consultant Service Agreement 10 January 2004 work with theirs. If the performance of additional work by other Consultants or the Owner is not noted in the' Contract Documents prior to the execution of the Contract, written notice thereof shall be given to tb~ Consultant prior to starting any such additional work. If the Collsultantbelieves that the performance of such additional work by the Owner or others involves him in additional expense or entitles him to an extension of the contract time, he may make a claim therefore as provided in Sections "Change in the Work" and "Change in Contract Price". SUBCONTRACTING The Consultant may utilize the services of specialty Subcontractors on those parts of the work, which, under normal contracting practices, are performed by specialty Subcontractors. The Consultant shall not award work to Subcontractor(s), in excess of fifty (50%) percent of the Contract Price, without prior written approval of the ,Owner. The Consultant shall be fully responsible to the Owner for the acts and omISSIOns of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him. The Consultant shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind the Subcontractors to the Consultant by the terms of the Contract Documents insofar as applicable to the work of Subcontractors and to give the Consultant the same power as regards terminating any subcontract that the Owner may exercise over the Consultant under any provision of the Contract Documents. ,Nothing contained in this Contract shall create any contractual relation between any Subcontractor arid the Owner. The Consultant shall give his personal attention to the fulfillment of the Contract and shall at all times keep the work under his control. The Consultant may subcontract portions of the work; however, he shall not award any work to any subcontractor without prior written approval of the Owner. The Owner's approval will not be given until the Consultant submits to the Owner a satisfactory statement concerning the proposed award to a subcontractor. The Consultant shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for acts or omissions of persons directly employed by him. All subcontractors shall be deemed to' be agents of the Consultant. Augusta-Richmond County Landfill Engineering Consultant Service Agreement 11 January 2004 The approval of the Owner of any subcontractor' shall not, under any circumstances, operate to relieve the Consultant or his sureties of any of his or their obligations under these Contract Documents. It is understood and agreed that all subcontracts and apprlivals of subcontractors shall be based upon the requisite of performance by the subcontractor in accordance with these Contract Documents; and should any subcontractor fail to perform his work to the satisfaction of the Engineer, the Owner shall have the absolute right to rescind his approval at once and to require the performance of such work by the Consultant or entirely or in part through other approved subcontractors. The Consultant shall submit a list of the ,names and addresses of proposed subcontractors, together with the type of work to be provided, with his bid. The Consultant will not be allowed to make changes in the list without the Owner's approval. The Consultant shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Consultant by the terms of these Contract Documents insofar as applicable to the work of subcontractors and to give the Consultant the same power as regards terminating any subcontract that the Owner may exercise over the Consultant under any provision of these Contract Documents. The Consultant shall inspect all work performed by subcontractors for compliance with these Contract Documents. TAXES. PERMITS AND LICENSES The Consultant shall pay all applicable taxes levied by federal, state, and local governments and obtain all permits on any part of the work as required by law in connection with the work. It is understood and agreed that the cost of said taxes is included in the contract price(s) for the work. The Consultant shall procure all temporary and permanent permits and licenses necessary and incidental to the due and lawful prosecution of the work and shall pay all charges and fees, and all costs thereof shall be deemed to be included in the contract price(s} for the work. SPECIAL RESTRICTIONS No work shall be allowed after the hours of darkness or on Sunday and Holiday without permission of the Owner. Augusta-Richmond County Landfill Engineering Consultant Service Agreement 12 January 2004 CONl TIME FOR COMPLETION ANI pursuant to O.C.G.A. 36-60-13, this j ob;'~c>ation on the part of the Owner at executed and at the close of each succee< by the parties hereto The date of beginning and the time for completion 0: Contract Docurilertts and the work embraced shall bt;; Notice to Proceed. This Agreement shall nevertheless autc notice to the Consultant of its intention close of the calendar year for which the has been renewed by the Owner. This payable during the initial term of execut payable in such individual renewal term~ The Consultant will proceed with the work at such the contract time. It is expressly understood and a) , O~ne~, that the contract time for the completion of taking mto consideration the average climatic and e. in the locality of the work. Notwithstanding the foregoing langm professional services specified by the A are effective pursuant to this Agreemen1 the terms of the Agreement or any futun If the Consultant shall fail to complete the work granted by the Owner, then the Consultant will damages the sum of $100.00 for each calendar day' time stipulated in the Contract Documents. The Owner may terminate this contrac1 The Consultant shall be paid for 'any termination. The Consultant shall not be charged with liquidatec completion of the work is due to the following and tb of such delay to the Owner or Assistant Director of S 1. To any preference, priority or allocation order d The Consultant represents that it has : none of whom shall be employees of, 01 liaison with' the Owner will be througl hereunder will be performed by the Co: the work shall be fully qualified and ~ services. 2. To unforeseeable causes beyond the control Consultant, including but not restricted to ac Owner, acts of another Contractor in the ~erf floods, epidemics, quarantine restrictions, st unforeseeable weather; and ' 3. To an~ de1a~s of subcontractors occasioned by 2 of this ArtIcle. All professional personnel, including Consultant under this agreement art;; incorporated herein by reference. No ct key personnel as set forth herein withou The assessment of liquidated damages for failure to TIME shall not constitute a waiver of the Owner's the OWNER may sustain, by failure of the ConsultaJ ELB , Time 'extensions, however, will not be granted for r2 normal intensity for the locality where WORK is pe delay attributable to unusual weather phenomena, a I weather for at least any continuous one-fourth of 1 average of the preceding 5 year Qlimatic range durinl Bureau statistics for the locality where the WORK is I The Consultant shall submit electro! design, calculation of data files, plans, I Augusta-Richmond County Landfill Engineering Consultant Service Agreement Augusta-Richmond County Landfill Engineering Consultant Service Agreement 13 CONFIDENTIALITY The Consultant agrees that its conclusions and any reports are for the confidential information of thp- Owner and that, it will not disclose its conclusions in whole or in part to any person whatsoever, other than to submit its written documentation to the Owner, and will only discuss the same with it or its authorized representatives. Upon completion of this agreement term, all documents, reports, maps, data and studies prepared by the Consultant pursuant thereto shall become i:he property of the Owner and be delivered to the Assistant Director of Solid Waste. Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this agreement shall not be presented publicly or published without prior approval writing of the Owner. It is further agreed that if any information concerning the project, its conduct, results, or data gathered or processed should be released by the Consultant without prior approval from the Owner, the release of same shall constitute grounds for termination of this agreement without indemnity to the Consultant, but should any such information be released by the Owner or by the Consultant with such prior written approval, the same shall be regarded as public information and no longer subject to the restrictions of this agreement. IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below. Executed on behalf of Consultant. RECOMMENDED FOR APPROVAL: kG City 1;<< . ;:ia J J Bob Young, May A proved: Date .' - ~/1..5""6' [ATfACHED OEM.] ATTEST: ~ r,', ",- Title: ff~j - _- , , Title:riL~J ~~ :1 Augusta-Richmond County Landfill Engineering Consultant Service Agreement 15 January 2004 SCOPE OF SERVICES General Scope of Services The services to be furnished by the Consultant under this Agreement shall be necessary for "Environmental Engineering Consulting" Services shall be provided in accordance with the Solid Waste Environmental 4 Month Action Plan as requested in Augusta, Georgia. . See attached Solid Waste Environmental 4 Month Action Plan (Exhibit A) / Augusta-Richmond County Landfill Engineering Consultant Service Agreement 16 January 2004 EXHIBIT A Solid Waste Environmental 4 Month Action Plan Proposal It is proposed to have BMS Enterprises provide critical environmental consulting for the months of January to April to the Augusta-Richmond County Solid Waste Landfill. The cost associated with this service will be $63,000 paid as the project is completed. Sole Source For this project, BMS Enterprises will be considered a sole source contractor. This is justified by the following reasons. First, the timeliness required to complete our permit required tasks does not allow us to utilize the RFP process. Further, we could not acclimate a new vendor to our operation fast enough to meet the timelines of our permit requirements. BMS Enterprises has intimate knowledge of our operation. Further, BMS Enterprises started the initial plans and reports that are required by our permits. It is best practice to have one vendor complete the plans and reports, especially after the reports have been initiated. Justification · The position of Environmental Engineer is vacant and will not be filled timely enough to meet specific permit requirements. The position of Environmental Engineer is responsible for filing key reports and plans such as title V, Stormwater, Groundwater, NSPS,and Leachate. By not meeting the permitting requirements, the Landfill will be facing possible consent orders, notice of violations, and fines that could far exceed ,the cost of the consultant.' · The Title V permit was provided to the site :on or about October 20,2003. Title V requires , that one annual SSM report (excess emissions; exceedances, or excursions), one semi-annual SSM plan (start-up, shut-down, and malfunction plan), and one annual NMOC emission rate report be completed. Not receiving the Title V permit timely has placed us in a time critical state. If the reports are not filed timely, the Landfill faces fines up to $10,000 per day. This is the first year that the Landfill has been under Title V requirements. At this point, the Landfill does not have employees qualified or trained to complete such reports. ' · We do not have a current Stormwater Plan for the landfill operation. This is a permit requirement, and we are currently out of compliance as it relates to EPD. Failure to correct such items could result in a consent order with fines. · The NSPS Report is also due in January. This too is a time sensitive issue that will require outside assistance. The Landfill received a consent order relating to NSPS in January 2003. It was negotiated that the Landfill would file this report on time. Under the consent order there is a penalty phase if the report is. not filed on time. In addition to the penalty phase, a $10,000 per day fine can be issued for non-compliance. Augusta-Richmond County Landfill Engineering Consultant Service Agreement 17 January 2004 , . Finished Products . A Complete SSM Plan that looks at start-ups, shut-downs, and a malfunction plan relating to the gas collection system and the data collected from Landgas. This plan will be given to the Assistant Director of Solid Waste, a copy will be placed in the Operating Record, and a copy will be given to all appropriate governmental agencies on or before January 16,2004. . A Complete SSM report that looks at excess emissions, exceedances, or excursions relating to the gas collection system and the data collected from Landgas. This plan will be given to the Assistant Director of Solid Waste, a copy will be placed in the Operating Record, and a copy will be given to all appropriate governmental agencies on or before January 30, 2004. . An annual NMOC Emission Rate Report will be given to the Assistant Director of Solid Waste, a copy placed in the Operating Record, and a copy to all appropriate governmental agencies by January 30, 2004. . Complete a NSPS Annual Compliance Report by January 30, 2004 with a copy given to the Assistant Director of Solid Waste, a copy placed in the Operating Record, and a copy to all appropriate governmental agencies. . Provide an updated Storm Water Pollution Plan by April 2, 2004 with a copy given to the Assistant Director of Solid Waste, a copy placed in the Operating Record, and a copy to all appropriate governmental agencies. . Provide training to the Assistant Director, Operations Manager, and Environmental Technician as it relates to the updated Storm Water Pollution Plan by April 30, 2004. . ,Review monthly gas well data to ensure accuracy. Teach Landgas about event reporting and well rechecks. Create standards regarding shut-down, and malfunction procedures. Work with Landgas to eliminate any reporting issues and develop reporting criteria/standards for future year's ,reports. This will be an ongoing process that will cease on April 30, 2004. . Facilitate changes in the SPCC template to be site specific. This project will be a joint effort with the Landfill Environmental Technician.' This will be completed by Apri130, 2004. . Review Leachate and Groundwater testing data and testing procedures to ensure that proper protocol is followed. Research any statistical significant increased and provide results back to both the Environmental Technician and the Assistant' Director of Solid Waste. This will be an ongoing project with data reviewed monthly, that will cease on April 30, 2004. Augusta-Richmond County Landfill Engineering Consultant Service Agreement 18 January 2004 " - Office ,of The, Administrator January 6,2004 Room 801 - Municipal Building 530 Greene Sti'eet - AUGUSfA, GA.,30911 (706)821-2400- FAX (70G) 821-2819 www;augustaga.gov f 'fjf>JI'tJ33NlDN3 )l ..., "....,''';4: S)/l:!OM :Jllend f,~_ I' W ~. 1- ,~OQ?<6;- N VD; i~ " I~ " "";4 :(JJ?JI.\:I:3@El8 /i a--"" r '" ,....[;' George R. Kolb AdministrateI' Ms. Teresa Smith Public Works & :Engineering Director 1815 Marvin Griffin Road Augusta, GA 30906 Dear Teresa: The Augusta ConiIilission,at their regular meeting held Tuesday, JanUM)' 6, 2004, took action oil the following items. ' 21. Approved the paving and widening of Youngblood Drive due to safety concerils. (Approved by Engineering Serlrices Committee December 29, 2003) 22. Authorized Public: Works and Engineering - Solid Waste Divisio;n to enter a contract with BMS Enterprises for environmental co~u1ting, which will facilitate accurate and timely reporting to the regulatory agencies. (Approved by El1-girieering Services Committee December 29,2003) 23. Approved the Capital Project BudgetChange Numb'er'Two (CPB# 323-04-201823161) adding $209;000 for utility relocl1tions and conting,ency on the' SR,56 at New Goshen Road/Goshen Industrial J:irojec~ to bl? funded from One Percent Sales Tax Phase ill, Recaptui-e. (Approved,by Engineering Services Coniniittee. December 29; 2003) 24. 'Approved the bid award ofB:i.d # 03..149 to, Winter 'Construction Compaiiy, Inc. in the amount of $2.2;2iS for services_ in conjunction with unde.rground storage tank site assessments and development' of corrective action plans. (Approved by Engineering Services Committee Decenlber 29, 2003) , 25. AuthoriZed Public Works and E~gmeering .... Solid Waste Division to hire a dedicated Accountant I allowing'forimproved financial controls and, accoun,tability. , (Approved by Engineering Services CoD'llirittee December 29,2003) , , If you have any questions, please contact me. Yours truly, d-/ Frederick L. Russell Deputy Administrator cc: Ms. Geri Barns Ms. Brenda Byrd-Pelaez, Mr. David Persaud " Ms. Donna Willi~ 01-06-04: #21 --#25