Loading...
HomeMy WebLinkAboutATLANTIC COAST CONSULTING SOLID WASTE CONSULTING AGREEMENT CONSULTANT SERVICES AGREEMENT BETWEEN "DEPARTMENT OF SOLID WASTE AUGUSTA-RICHMOND COUNTY COMMISSION" AND "CONSULTING ENGINEER" This Agreement is made and entered into this b day of 2007. ond County hereinafter called the "0 ner" and lit '-_a Corporation authori ed to do business in Georgia, hereinafter called the "Cons ant." Whereas, the Owner desires to engage a qualified and experienced consulting fIrm to furnish Stand -By Engineering Services for five (5) years for: "Stand-By Engineering Services for the Augusta-Richmond County MSW Landfill" Whereas, the ConslNtant 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 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, in the orderly preparation of the detailed construction 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. 7 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 s~sequent 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. 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 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. 8 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. " " PROFESSIONAL ENGINEER The Professional Engineer, as employed by the Consultant, or his duly appointed representatives shall act as the Liaison Engineer 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 Professional Engineer to pr9vide for proper distribution to the parties concerned. The. Professional Engineer will expedite any necessary decisions affecting the performance of the Consultant's Agreement, but the Consultant shall not make use of the Professional Engineer's 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 Rd, Blthye, Georgia, Attention: 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. 9 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. COVENANT AGAINST CONTINGENT FEES The Consultant shall comply with the relevant requirements of all Federal, State, County, or local laws. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Owner shall have the right to annul this Agreement without liability, or, at its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage. brokerage fee, gift, or contingent fee. ~MPLOYMENT 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, 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 recommendations shall he incorporated into the plans by the Consultant. ,< 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 employees 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. 10 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 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 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 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. Each invoice shall be accompanied by a letter progress report describing the total work - accomplished. fpr each phase and any problems, which have been, encountered which may inhibit execution of the work. The Consultant shall also submit an accurate updated schedule, afi\l an -itemized description of the percentage of total work completed for each phase during the billing period. The Consultant will indemnify and save the Owner or the Owners agents harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, and 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 Owners Engineer, the work is not proceeding in accordance with any of the provisions of these 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 thereof 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 Engineer any defects'i~ 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. 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 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". PERSONNEL The Consultant represents that it has secured all personnel necessary to complete this agreement, none of whom shall be employees of, or have any contractual relationship with, the Owner. Primary liaison with the Owner will be through its designee/Project Manager. All of the services required hereunder will be performed by the Consultant under his supervision, and all personnel engaged in the work shall he fully qualifIed and shall be authorized or permitted under law to perform such services. 12 All professional personnel, including subcontractors, engaged in performing services for the Consultant under this agreement are indicated as Project Team in Consultant Proposal and incorporated herein by reference. No changes or substitutions shall be permitted in the Consultant's key personnel as set forth herein without the prior written approval of the Assistant Director of Solid Waste or his designee. The Consultant shall employ in responsible charge of supervision and design of the work only persons duly registered in the appropriate category; and further shall employ only qualified surveyors in responsible charge of any survey work. The Consultant shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration for Professional Engineers and Land Surveyors. being in the full employ of the Consultant and responsible for the work prescribed by this agreement. ELECTRONIC DOCUMENTS The Consultant shall submit electronic files of all project related documentation including the design calculation data files to Owner. 13 GENERAL SCOPE OF SERVICES Section 1.0 Introduction and Background Augusta-Richmond County currently owns approximately 1,177 acres southwest of Augusta, Georgia, which is the site of the existing Deans Bridge Road MSW Landfill. The landfill currently accepts 1000 to 1500 tons per day of municipal solid waste from private collection vehicles. Active and closed sections of the landfill comprise approximately 130 acres of the total property. . Some additional acreage contains ancillary facilities such as office and maintenance buildings, sediment ponds, roads, leachate holding facilities, etc. Augusta-Richmond County is seeking proposals from qualified professional engineering firms with experience in performing landfill site acceptability studies, landfill design services, and landfill environmental compliance activities in the State of Georgia. These services shall be performed in accordance with Circular 14 published by the EPD, Georgia Geologic Survey and with Chapter 391-3-4 of the EPD Rules. As well as the latest revision of the Georgia Solid Waste Management Act, EPD approved D&O plans and other applicable federal, state, and local rules and regulations. Section 1.1 Proiect Schedule An appropriate projeCf's,chedule will be prepared for each task requested of the Consultant. , Section 1.2 Services As needed, the County will issue a request for services to the Consultant. Subsequently, the Consultant shall prepare a detailed scope of services to include, but not limited to, the following information for each respective Group of Services, below: 1. Description of the project 2. Outline of services to be provided 3. Detailed task identifying specific project task and/or work schedule 4. Level of effort man-hours needed to complete tlie project 5. Project cost to include man hours, equipment, supplies or other resources The services to be furnished by the Consultant under this agreement shall be those as identified below on an "as needed" basis for professional engineering services, construction management and quality assurance services, environmental testing services, special services, and other municipal solid waste services: Group I Engineering Services · Site Requirements · Obtain Major and/or Minor Permits in Solid Waste Permitting. · Preparation of Subtitle D MSW Closure Construction Drawings for Phase ll-C and Subtitle D Construction Drawings for Phase ill - Cell 2, contract documents and specifications. · Service for new construction or modifications to existing sites. to include planning and project evaluation · Studies and audits for compliance with federal, state, and local regulations. · Obtain permits (land disturbance permits, retaining wall permits, etc) · Erosion control planning · Construction materials testing and reporting 14 · Potentiometric surface maps; · Statistical data evaluation and Trend Analysis · Topographic Mapping · Air permitting and landfill gas system design · Solid waste design engineering · Preliminary engineering and surveying, feasibility analysis and contract documentation preparation · Archaeological assessments/investigations · Alternate Composite Liner Evaluation and Associated Design Changes · Contract Document Preparation · Other engineering activities Group II Construction Management & Qualitv Assurance Services · Clay Resource Exploration · Construction Management · Construction Quality Assurance · Coordination of Georgia Environmental Protection Division (GAEPD) Inspections and Preparation of Responses to GAEPD Inspection Comments · Construction Quality Assurance Documents Preparation (as required by Georgia Environmental Protection Division) and Submittal to GAEPD. · Other con~ruction management activities. Group III Environmental & Testing Services · Environmental testing and reporting to EPD · Assistance with various regulatory agencies · Environmental site assessments · Environmental planning · Facility compliance audits · Various permitting related to wetlands, air, and waste water · Assessment monitoring plans · Corrective measures studies · Groundwater sampling and testing for Phase II and Phase III · Surface water sampling and testing for Phase II and Phase III · Monthly methane monitoring for Phase II and Phase III · Stormwater sampling and testing as required by the fadlity's GA Stormwater Permits - Construction Permit and Industrial Permit · Routine flare inspections, operation and maintenance · Landfill gas system operation , maintenanc::~ and other applicable services · Stormwater annual sampling and testing & quarterly discharge inspections as required by approved D&O plans · Leachate sampling and testing · Compliance sampling and testing · Unforeseen sampling and testing (as requested by Augusta) · Other environmental compliance activities Group IV Special Services · Land surveying services; · Drilling and well installation services · Preparation of the formal reports. 15 2.0 GENERAL TERMS & CONDITIONS 2.1 Proposal Opening Date The Augusta-Richmond County Procurement Department, 530 Greene Street, Room 605 Augusta, GA must receive Proposals, no later than 3:00 p.m., local time, on Tuesday, March 20,2007. Proposals received after this time will not be considered. 2.2 Proposed Schedule February 1, 2007 March 20, 2007 Request for Proposal Available Proposal Opening Date 2.3 Delivery of Proposals All Proposals shall be sealed and delivered or mailed to (faxes will not be accepted): Please submit one (1) original and six (6) copies of your proposal. Geri Sams, Procurement Director Augusta-Richmond County Procurement Department 530 Greene Street, Room 605 Augusta, GA 3'G~ 11 Please submit one original (1) and six (6) copies of your proposal. Mark package(s) "RFP #07-097, Stand-By Engineering Services for the Augusta- Richmond County MSW Landfill Note: Please ensure that if a third party carrier (Federal Express, Airborne, UPS, USPS, etc.) is used, that they are properly instructed to deliver your Proposal only to Room 605, in the Procurement Department on the sixth (6th) floor at the above address. To be considered, a Proposal must be received and accepted in the Procurement Office before the Proposal closing date and time. 2.4 PROPOSAL Form A. See Submittal Requirements for complete details. B. Each Proposer shall submit six (6) complete sets of the Proposal form, one (1) marked "ORIGINAL" and six (6) marked "COPY". The Proposal shall be submitted on an exact COPY~bf the attached Proposal form. 16 C. The Invitation to Proposal page and the Proposal form must be signed by an official authorized to legally bind the Proposer to all Proposal provISIons. D. Terms and conditions differing from those in this Proposal shall be cause for disqualification of the Proposal. 2.5 Questions Concerning Proposal A. Questions concerning any portion of this Proposal shall be directed in writing to the Procurement Agent named below, who shall be the official point of contact for this Proposal. Questions should be submitted by Tuesday, February 27, 2007 @ 4:00 p.m. B. Mark cover page or envelope(s) "Questions on Proposal #07-097, Stand- By Engineering Services for the Augusta-Richmond County MS'V Landfill. The last day to submit questions is Tuesday, February 27, 2007 @ 4:00 p.m. C. Submit questions to: Geri Sams, Procurement Director Augu~-Richmond County Procurement Department 530 Greene Street, Room 605 Augusta, GA 30911 2.6 Assignment The awarded Proposer shall not assign, transfer, convey, sublet, or otherwise dispose of any award or of any of its rights, title, or interests therein, without the prior written consent of the Augusta-Richmond County Solid Waste Director. 2.7 Contract A. The contents of this Proposal and all provisions of for successful Proposal deemed pertinent by the County may be incorporated into a contract and become legally binding. A separate contract. document, other than the purchase order, will not be issued. B. The Procurement Director is the sole Contracting Officer for the Augusta- Richmond County, and only she'or her designee is authorized to make changes to any contract. C. The County shall be responsible for only those orders placed by the County on an authorized signed Purchase Order. The County shall not be responsible for any order, change substitution or any other discrepancy from the Purchase. If there is any question about the authenticity of a Purchase Order, or change order, the Proposer should promptly contact the Procurement Department. 17 2.8 Proposer's Responsibility The Proposer, by submitting a Proposal represents that: A. The Proposer has read and understands the Request for Proposal in its entirety and that the Proposal is made in accordance therewith, and; B. The Proposer possesses the capabilities, resources, and personnel necessary to provide efficient and successful service to the County, and; C. Before submitting a Proposal each Proposer shall make all investigations and examinations necessary to ascertain site and/or local conditions and requirements affecting the full performance of the contract and to verify any representations made by the Augusta-Richmond County, upon which the Proposer will rely. If the Proposer receives an award because of its Proposal submission, failure to have made such investigations and examinations will in no way relieve the Proposer from its obligations to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim by the Proposer for additional compensation or relief. "- 2.9 Payment TenDS A. The Augusta-Richmond County will remit full payment on all undisputed invoices within thirty (30) days from receipt by the appropriate person(s) (to be designated at time of contract) of the invoice(s) or receipt of all products or services ordered. B. By submitting a Proposal to the Augusta-Richmond County, the Proposer expressly agrees that if awarded a contract, the County may withhold from any payment, monies owed by the Proposer to the county for any legal obligation between the Proposer and the County, including, but not limited to intangible taxes, personal property taxes, fees, and commissions. 2.10 Certificates The Augusta-Richmond County reserves the right to require proof that the Proposer is an established business and is abiding by the ordinances, regulations, and laws of their community and the State ,of Georgia., such as but not limited to: Occupational Licenses, Business Licenses, Georgia Sales Tax Registration, and Federal Employers IdentifIcation Number. . 2.11 Minor Irregularities The Augusta-Richmond County reserves the right to waive minor irregularities in proposals, providing such action is in the best interest of the Augusta-Richmond County. Minor irregularities are defIned as those that have no adverse effect on the County's best interests, and will not affect the outcome of the selection process by giving the Proposer an advantage or benefit not enjoyed by other Proposers. 18 2.12 Insurance Prior to beginning work, the Consultant shall obtain and furnish certificates to the O'Yller for the following minimum amounts of insurance: A. Workmen's Compensation Insurance in accordance with the laws of the State of Georgia. B. Public 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. Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. D. Comprehensive Automobile Liability Insurance including operation of owned, non-owned and hired automobiles, covering bodily injury and/or property damage with limits of One Million Dollars ($1,000,000) per occurrence. E. Professional Liability Insurance in an amount of not less than One Million ($1,000,{)00.00) Dollars or if required, an amount that correlates to the amount of this agreement and nature of the project. " F. 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. G. Eachinsurance policy shall be renewed 10 days before the expiration date thereof. H. 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. . 1. The Consultant shall not commence :Work under this Contract until he has obtained all of the insurance required and such insurance has been approved by the Owner, nor shall the Consultant allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. In the event any insurance coverage should be canceled or allowed to lapse, the Consultant will not be permitted to work until adequate and satisfactory insurance is in effect. Failure to keep insurance policies in effect WILL NOT be cause for any claims for extension of time under this Contract. 19 J. The Proposer shall furnish a certificate of insurance indicating that the Proposer has coverage in accordance with the requirements herein set forth to the Augusta- Richmond County Representative within thirty (30) days from the execution of the contract. Proposer agrees that County will make no payments pursuant to the terms of the contract until all required proof or evidence of insurance has been provided to the Augusta-Richmond County Representative. Proposer agrees that the insurer shall waive its rights of subrogation, if any, against the Augusta- Richmond County. These shall be completed by the authorized Resident Agent and returned to the Procurement Department. This certificate shall be dated and show: (1) The name of the insured Proposer, the specified job by name, name of the insurer, the number of the policy, its effective date and its termination date. (2) Statement that the Insurer will mail notice to the County at least thirty (30) days prior to any material changes in provisions or cancellation of the policy. 2.13 Safety' The Proposer, shall take the necessary precautions and bear the sole responsibility for the safety'of the methods employed in performing the work. The Proposer shall at all times comply with the regulations set forth by federal, state, and local laws, rules, and regulations concerning "OSHA" and all applicable state labor laws, regulations, and standards. The Proposer shall indemnify and hold harmless the County from and against all liabilities, suits, damages, costs, and expenses (including attorney's fees and court costs) which maybe imposed on the County because of the Proposer, sub-contractor, or supplier's failure to comply with the regulations. 2.14 Term/Cancellation of Contract The contract will be for three (3) years with the possibility of two one-year extensions, however Augusta Richmond County will have an option to terminate the project in case of unsatisfactory service. The County reserves the right to cancel the contract without cause with a minimum thirty (30) days written notice. Termination or cancellation of the contract will not relieve the Proposer of any obligations for any deliverables entered into prior to the termination of the contract (i.e., reports, statements of accounts, etc., required and not received). Termination or cancellation of the contract will not relieve the Proposer of any obligations or liabilities resulting from any acts committed by the Proposer prior to the termination of the contract. 20 2.15 Incurred Expenses This RFP does not commit the Augusta-Richmond County to award a contract, nor shall the Augusta-Richmond County be responsible for any cost or expense which may be incurred by the Proposer in preparing and submitting the proposal called for in this RFP, or any cost or expense incurred by the Proposer prior to the execution of a contract agreement. 2.16 Minimum Specifications The specifications listed in the Scope of Work are the rrummum required performance specifications for this RFP. They are not intended to limit competition nor specify any particular Proposer, but to ensure that the County receives quality services. 2.17 Indemnification of County The Proposer shall indemnify, hold harmless and defend the County, its offIcers, agents, and employees, from or on account of any claims, losses, expenses, injuries, 'Clamages, or liability resulting or arising from Proposer's performance or nonperformance of services pursuant to this contract, excluding any claims, losses, expenses, injuries, damage, or liability resulting or arising from the actions of County, its dfficers, agents, or employees. The indemnification shall obligate the Proposer to defend, at its own expense or to provide for such defense, at County's option, any and all claims and suits brought against County, which may result from Proposer's performance or nonperformance of services pursuant to the contract. 2.18 Changes in Scope of Work A. The County may order changes in the work consisting of additions, deletions, or other revisions within the general scope of the contract. No claims may be made by the Proposer that the scope of the project or of the Proposer's services has been changed, requiring changes to the amount of compensation to the Proposer or other adjustments to the contract, unless such changes or adjustments have been made by written amendment to the contract signed by the County Representative, County Procurement Director and the Proposer. B. If the Proposer believes that any particular work/service is not within the scope of work/service of the contract,)s a material change, or will otherwise require more compensation to the Proposer, the Proposer must immediately notify the County's Representative in writing of this belief. If the County's Representative believes that the particular work/service is witl1in the scope of the contract as written, the Proposer will be ordered to and shall continue with the work/service as changed and at the cost stated for the work/service within the scope. The Proposer must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt of the written order. 21 C. The County reserves the right to negotiate with the awarded Proposer(s) without completing the competitive Proposal process for materials, products, and/or items similar in nature to those specified within this RFP for which requirements were not known when the RFP was released. 2.19 Right to Require Performance A. The failure of the County at any time to require performance by the Proposer of any provision hereof shall in no way affect the right of the County thereafter to enforce same. Nor shall waiver by the County of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. B. In the event of failure of the Proposer to deliver services in accordance with the contract terms and conditions, the County, after due written notice, may procure the services from other sources and hold the Proposer responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the County may have. 2.20 Force Majeure The County~d the Proposer will exercise every reasonable effort to meet their respective obligations as outlined in this RFP and the ensuing contract, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law or regulation, acts of God, acts or omissions of the other party, government acts or omissions, fires, strikes, national disasters, wars, riots, transportation problems and/or any other cause whatsoever beyond the reasonable control of the parties. Any such cause will extend the performance of the delayed obligation to the extent of the delay so incurred. 2.21 Minimum Qualification Requirements. 1. Have no deficiencies or unsatisfactory performance on any past Augusta-Richmond County contract(s). 2. The Proposer must possess the knowledge and experience necessary to successfully perform the work described in the RFP at the time the contract is executed. The Proposer must have the resources. to perform the work. 3. The Proposer must have a minimum of fIve (5) examples of successful projects of similar scope. Specifically, projects in which the consultant provided landfill engineering, environmental and construction management services for a Subtitle D landfIll in Georgia within the last five years. A successful project is of similar nature and scope performed by individuals listed on the Proposer's team. 4. The Proposer must have multiple individuals on staff who are Professional Engineers registered in Georgia, and at least one of which, has been registered for a minimum of 15 years. The Professional Engineer must also have sealed design drawings and specifIcations and provided construction certifIcation on at least five landfill projects in the state of. Georgia. 22 5. The Proposer must have multiple individuals on staff who are Professional Geologists registered in Georgia, at least one of which has been registered for a minimum of 15 years and has sealed the following reports in Georgia: Assessments of Corrective Measures, Corrective Action Plans, groundwater monitoring reports, and site acceptability reports. 6. Proposer must have multiple individuals on staff serving as Senior Site CQA Monitor who have a minimum of ten years of experience in providing construction quality assurance services for MSW landfill projects. The senior site CQA monitor shall have personally completed at least three landfill projects within the last five years in the state of Georgia. Additionally, this person shall have served as lead geosynthetics monitor for at least 1,000,000 square feet of geomembrane installation in the last three years. 7. The Proposer's CQA Project manager must have at least ten years of experience with MSWlandfill projects in Georgia. This experience should include at least five projects in the last fIve years. 8. The Proposer must have established relationships with the Solid Waste Management Program of the Georgia Environmental Protection Division. 9. The Proposer shall have adequate equipment to do the work properly and expeditiously. 10. ThePJ:"oposer must have individuals on staff that is CertifIed Landfill Operators in Georgia. 11. The Proposer must be located in an office that is within a three hour drive of the Deans Bridge Road MSW LandfIll. 23 3.0 BASIS OF PAYMENTS & COST PROPOSAL . Submitted in separate sealed envelope The Basis of Payments for the services Furnished by the CONSULTANT under this Agreement Sh.ll1 be those necessary to perform the v.iOrk. and provide the associated deliverables, as outlined belmv. SCHEDllI,E OF FEES ~: Schf..>dule of fees shall be in a se()arate scaled envelope from the tcchnkal IJI'O(Josals. Failure to adhere to this may cause rejection of your proposal. Service Level (include OH&PJ' Pr()!~...::~!flJ.:1a~ J:~~g.iS!~E,:~J~.!tgi li(':C JOo s o~ t~\ r~l~ofe:"~_~!..il.:U~c,~~~.re9 G~ol ()gi~_,__ _ ~~~~f'y'i~gE!:..<:>.f~~,,-~n;}! EI.!g~nt.'~~ Er..(ti~cLM~a~!_ ~:r()j~~.U~r:'l@1~~! 1)!()J~~1 P 1l!!!!1!:- r !Jroject Geologist Construction Manager $ €V5" .'>---~--_._-_."-------'''- CQA Project Manager $ ]~,. $ L<1__ $ <<, CQA Senior Site Monitor CQA Site Monitor Designer $ C,tP $ ~ $ I O€' $ '30 s 46 DraftsmanlCADD Registered Land Surveyor Two-Man Survey_<:;yew Admin. IClericaJ 24 Q!~~ T'~\ n~~AJ Markup on5.1thcr di~~~t costi \)ther (Include additional labor categories as needed) 2 All other direct project expenses ;md professional ~ervices are reimbursable al ('liSl ;HllllTl Y~:l!~:s..~~~ll i.ncl_II,~I~~ly~~he<1.~~. prol.lt:..~If1(L~IJ~[l-'ical:l~' dlI!.<::! l.~el:s{lnnd ex:penses " $ '54 % ,5"" 25 4.0 PROPOSAL DETAILS The minimum details that must be in the Proposal are: (1) Technical Information Provide any other data, forms, designs, illustrations, plans; reports that will demonstrate that what is proposed will be a complete and workable arrangement for the County and Proposer. (2) Management Information Indicate the Proposer's management, design, construction, testing, and operational capabilities, including staffing arrangements, work experience and general business background. (3) Financial Information Provide a brief narrative or other suitable description of Proposer's fInancial condition, including statements, summaries and a listing of successful similar projects or work. (4) Key Personnel (a) List perscilinel to be used, how their time will be scheduled. (b) Provide resumes of all personnel from your firm who will work on this project. (5) Services List any services that may be required from Augusta-Richmond County. (6) Any additional information highlighting minimum qualifications as may be relevant. (7) Fee Proposal Submit Schedule of Fees (in a separate sealed envelope). 5.0 EVALUATION CRITERIA Selection of the Stand-By Engineering Services Consultant will be based on the following criteria: (1) Specialized Experience of Firm (20%) This includes specialized experience directly related to the project, demonstrated ability to complete the work within the required schedule and budget, quality control/assurance programs and the depth of in-house and subcontractor support. (2) Project Personnel (20%) This includes the role, commitment and qualifIcations (including specialty certifIcation) of key personnel and their experience in the areas assigned. (3) Approach to Work (20 % ) This includes the approach to the project scope as described, the understanding of the project scope and schedule of work and the interfacing of tasks. 26 (4) Cost (30%) Include a complete Schedule of Fees. (5) Other Considerations (10%) This will be at the County's discretion and may include financial stability, comments from references, overall solid waste and water quality experience in Georgia, familiar with the area hydrogeology and geochemistry, or any other considerations deemed appropriate and includes comments received from references and unique/creative approach to work. 6.0 SUBMITTAL REQUIREMENTS Failure to include the items required below may cause a Proposal submittal to be declared NONRESPONSIVE. Submit in the following order) I. Completed the Proposal Details. 2. Completed the attached Schedule of Fees, Subcontractors list, References, Guidelines and DBE Participation Forms. 3. Attach evidence of required insurance coverage: A properly completed ACORD Form is preferable. 4. All Proposers shall be prepared to supply a fInancial statement upon request, preferablY"a: certified audit, but a third party prepared financial statement and the latest D & B report will be accepted. The Augusta-Richmond County will not pay for proposals submitted or received. The Augusta-Richmond County reserves the right to accept or reject any or all proposals. Any questions regarding the technical information provided shall be directed to Augusta- Richmond County Procurement Director (706) 821-2422. Fax is (706) 821-2811. One (1) original and six (6) copies of the proposal are required. 27 CONFIDENTIALITY The Consultant agrees that its conclusions and any reports are for the confidential information of the 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 the property of the Owner and be delivered to the 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"p.ublic 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. Date OWNER: CONSULTANT: Augusta-Richmond County ~ U /2-- Approved Date: [ATTACHED CORPORAT~SEAJJJ:~t.t< _- C\-\MO^"" \t\, .... *-~ 0 n ~ A>--:" /" t'<...,...~.. -ot- ~~ ,K,,~ ..0 ".~ :q, h A ?1 c., ." ... ~ .- ..' ,:::;' .Q" -..... ,;.. ~~ . . ~ !::i ~ II -..J ~ I ...., ~ J' j1 Title: .. :II' .. 0.-.:' ~~ .....-...".. .- ~~, GEORG\~.....#'" '~".....,-- 'P~\ clod-Ie&> ) "" Approved Date: 7 /oS-/a, [ATTACHED CORPORATE SEAL] k ~ ", . . Title: Cf2)O 28