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.
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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.
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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.
"
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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.
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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.
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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.
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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.
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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.
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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.
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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
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· 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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<
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Title: .. :II'
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"" Approved Date: 7 /oS-/a,
[ATTACHED CORPORATE SEAL]
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Title: Cf2)O
28