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HomeMy WebLinkAboutConsultant Services Agreement (5) Augusta Richmond GA DOCUMENT NAME: La ~Su._\ .\--o--.h-\-- SeyV feeS As ree. Yv-'\es1l- DOCUMENT TYPE: A~re.s:.., YY\e~ YEAR: TjJ)O I BOX NUMBER: \ ~ FILE NUMBER: \ ~ Lo' NUMBER OF PAGES: 22 j~ iF / :Sl/ (P :- CONSULTANT SERVICES AGREEMENT BETWEEN 7/JJV 0 ~01Y!- dt-p>o R G I A PUBLIC WORKS & ENGTNEERlNG DEPARTMENT AND "B.M,S. ENTERPRISES, INC," FOR DEANS BRIDGE ROAD MUNICIPAL SOLID WASTE LANDFILL PROFESSIONAL PROJECT MANAGEMENT CONSULTING SERVICES :- TABLE OF CONTENTS Services Agreement Consulting Criteria Amount Of Contract Page 2 3 4 ~ GENERAL CONDITIONS Consultant Coordination Accuracy Of Work Change In The Work Additional Services Assistant Director of Solid Waste Delivery Of Notices Supervision And Control Employment Of County's Personnel Review Of Work Responsibility For Claims And Liability Insurance Compensation Acceptance Of Final Payment As Release Indemn ification Contract Disputes Separate Contracts Subcontracting Ta.xes, Penn its And Licenses Special Restrictions Time For Completion And Liquidated Damages Contract Tennination Personnel Electronic Documents Confidential ity 5 5 5 5 6 6 7 7 7 7 8 8 8 9 10 10 10 II 12 12 13 14 14 14 15 SIGNATURE PAGE 15 SCOPE OF SERVICES 16 EXHIBIT A 17 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 '; CONSULTANT SERVICES AGREEMENT BETWEEN DEPARTMENT OF PUBLIC WORKS AND ENGINEERING AUGUSTA, GEORGIA COMMISSION AND "B.MS. ENTERPRISES, INC" This Agreement is made and entered into this J'f.1.... day of ~ ~ ,2004, by and between Augusta, Georgia, hereinafter called the "Owner" and B.M.S. NTERPRISES. INC a Corporation authorized to do business in Georgia, hereinafter called the "Consultant." Whereas, the Owner desires to engage a qualified and experienced consulting firm to furnish professional services for: "Professional Project Management Consulting" ~ Whereas, the Consultant has represented to the Owner that it is experienced and qualified to provide the services contained herein and the Owner has relied upon such representation. Now, therefore, in consideration of the mutual promises and covenant herein contained, it is agreed by and between the Owner and the Consultant that the Consultant shall provide the professional services of the project (see Professional Project Management Consultant Plan). 2 Augusta-Richmond County Landlill Professional Project Management Consultant Services Agreement December 2004 .: CONSULTING CRITERIA The Consultant shall gather from the Owner all available data and information pertinent to the performance of the services for the Project. The Owner shall have the final decision as to what data 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 detern1ined by the Consultant and approved by the Owner, in the orderly preparation of the detailed construction contract plans, specifications, and contracts. Upon receipt of the Owner's written approval of the manner of the project plan presentation and methods of plan preparation, the Consultant shall proceed with implementation of plan preparation. 3 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreemcnt Dcccmber 2004 AMOUNT OF CONTRACT It is agreed that the compensation hereinafter specified to perform the services (see Professional Project Management Consultant Plan) required by this Agreement includes both direct and indirect costs chargeable to the project as further defined in Professional Project Management Consultant Plan. The maximum obligation of the Owner to the Consultant under the terms of this Agreement shall be: $310,000 4 Augusta-Richmond County Landfill ProH:ssional Project Managcment Consultant Serviccs Agrccmcnt December 2004 GENERAL CONDITIONS CONSULTANT COORDINATION The Consultant shall cooperate fully with Federal and State official, consultants on adjacent projects, municipalities and local government officials, utility companies, railroads, and others, as may be directed by the Owner. Such cooperation shall include attendance at meetings, discussions, and hearings, as may be requested by the Owner, furnishing plans and other data produced in the course of work on the Project, as may be requested from time to time by the Owner to effect such cooperation and compliance with all directives issued by the Owner in accordance with this agreement. It is understood and agreed that Federal and State regulators may have access to the work and be furnished information as directed by the Owner. ACCURACY OF WORK The Consultant shall be responsible for the accuracy of the work and shall promptly correct its errors and omissions without additional compensation. Acceptance of the work by the Owner will not relieve the Consultant of the responsibility for subsequent correction of any errors and the clarification of any ambiguities. At any time during the construction of the improvement provided for by the plans or during any phase of work perfOlmed 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 inforn1ation obtained and to correct any elTors or omissions made by it. The Consultant shall prepare any plans or data required by the Owner to correct its errors or omissions. The above consultation, clarification, or correction shall be made without added compensation to the Consultant. The Consultant shall give immediate attention to these changes so there will be a minimum of delay to others. CHANGE IN THE WORK The Owner may at any time as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. 5 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 The Owner reserves the right to make at any time such alterations in 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. If alterations or changes are thus made, the contract time will be correspondingly modified, if the Consultant so requests, before commencing the work attributable to such alterations or changes. It is understood and agreed that the Consultant shall perform all extra work that may be ordered in writing by the Owner arising out of the modification of the Specifications or Drawings made or approved by the Owner. For this extra work, the Consultant shall be compensated as provided hereinafter and in the Change Order covering the additional services. All Change Orders must be approved by the Owner and those governmental agencIes whose approval is required. ADDITIONAL SERVICES The Consultant may be required to perform additional services or tasks related to the work outlined in the Scope of this Agreement that are specific to site conditions and are not typical in nature. The Consultant shall, at the Owner's request, submit a proposal indicating man hours and costs to the Owner for approval. The Consultant shall not begin on any task until the Owner issues written authorization to proceed. ASSISTANT DIRECTOR OF SOLID WASTE The Assistant Director of Solid Waste or his duly appointed representatives shall act as the Liaison Project Manager between the Consultant and the Owner and all utilities, and authorities or governments whose properties will be affected. The Consultant shall arrange for conferences and exchanges of data and information and for necessary approvals. All correspondence, data, information, and reports shall be directed to the Assistant Director of Solid Waste to provide for proper distribution to the parties concerned. The Consultant shall meet with the Owner for review of the work or submit in writing a project status update on a regular monthly basis as determined by the Owner. The Assistant Director of Solid Waste will expedite any necessary decisions affecting the performance of the Consultant's Agreement, but the Consultant shall not make use of the Assistant Director of Solid Waste services on trivial or minor matters normally to be decided by the Consultant. 6 Augusta-Richmond County Landfill Professional Project Managcmcnt Consultant Serviccs Agreement December 2004 DELIVERY OF NOTICES All written notices, demands, and other papers or documents to be delivered to the Owner Under this Agreement shall be delivered to the Owner's office, 4330 deans Bridge Road, Augusta, Georgia 30805, Attention: Assistant Director of Solid Waste, or at such other place or places as may be subsequently designated by written notice to the Consultant. All written notices, demands, and other papers or documents to be delivered to the Consultant under this Agreement shall be directed to or at such a place or places subsequently to be designated in writing by the Consultant to the Owner. SUPERVISION AND CONTROL The Consultant shall perform the services required to accomplish the work plan as stated above under such control and supervision by the Owner as the Owner may deem appropriate. EMPLOYMENT OF COUNTY'S PERSONNEL The Consultant shall not employ any person or persons in the employ of the Owner for any work required by the terms of this Agreement, without the written permission of the Owner except as may otherwise be provided for herein. REVIEW OF WORK Authorized representatives of the Owner may at all reasonable times review and inspect the project activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computations prepared by or for the Consultant, shall be available to authorized representative of the Owner for inspection and review at all reasonable times in the main offices of the Owner. Acceptance shall not relieve the Consultant of its professional obligation to correct, at its expense, any of its 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 be incorporated into the plans by the Consultant. 7 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant shall be responsible for any and all damages to properties or persons caused by its employees, subcontractors, or agents, and shall hold harmless the Owner, its officers, agents, and 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. INSURANCE The Consultant shall obtain certificates to the Owner for the following mInImUm amounts of msurance: A. Workmen's Compensation Insurance in accordance with the laws of the State of Georgia. B. General Liability Insurance in an amount of not less than One Hundred Thousand ($100,000.00) Dollars for injuries, including those resulting in death to anyone person, and in an amount of not less than Three Hundred Thousand ($300,000.00) Dollars on account of anyone occurrence. C. The Consultant shall procure and maintain, at his own expense, during the life of the Contract, in accordance with the provisions of the laws of the state in which the work is performed, Workman's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the project and in case any work is sublet, the Consultant shall require such Subcontractor similarly to provide Workman s Compensation Insurance, including occupational disease provision for all of the latter's employees unless such employees are covered by the protection afforded by the Consultant. In case any class of employees engaged in hazardous work under this Contract at the site of the Project is not protected under Workman's Compensation statute, the Consultant shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. D. Each insurance policy shall be renewed 10 days before the expiration date thereof. E. Insurance policies must be carried by a recognized insurance company licensed to do business in the state in which the project is constructed and approved by the Owner's Attorney. COMPENSA TION 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. 8 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 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 perforn1ance by the Consultant to the point indicated by such invoice, or of receipt of acceptance by the Owner of the services covered by such invoice. The Owner shall pay any undisputed items contained in such invoices. The Consultant will indemnify and save the Owner or the Owner's agents harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the work. The Consultant shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Consultant fails to do so the Owner may, after having notified the Consultant, either pay unpaid bills or withhold from the Consultant's unpaid compensation a sum of money . deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Consultant shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Consultant, his Surety, or any third party. In paying any unpaid bills of the Consultant, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Consultant and the Owner shall not be liable to the Consultant for any such payments made in good faith. It is understood and agreed that the approval of the progress payment request and the paying of a partial payment shall not be construed as acceptance of any work, materials, or products and shall not relieve the Consultant in any way from his responsibilities and obligations under these Contract Documents. A partial payment will not be made when, in the judgment of the Owner or the Owner's, the work is not proceeding in accordance with any of the provisions of these Contract Documents. ACCEPTANCE OF FINAL PAYMENT AS RELEASE The acceptance by the Consultant of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Consultant other than claims in stated amounts as may be specifically excepted by the Consultant for all things done or furnished in connection with this work and for every act and neglect of the Owner and other relating to or arising out of this work. Any payment, however, final or otherwise, shall not release the Consultant or his Sureties from any obligations under the Contract Documents. 9 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 INDEMNIFICA TION The Consultant will indemnify and hold harmless the Owner and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting there from; and is caused in whole or in part by any negligent or willful act or omission of the Consultant and Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. In any and all claims against the Owner or any of their agents or employees, by an employee of the Consultant, Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any Subcontractor under Workman's Compensation acts, disability benefit acts or other employee benefits acts. CONTRACT DISPUTES This Agreement shall be deemed to have been executed in Augusta Richmond County, Georgia, and all questions of interpretation and construction shall be governed by the Laws of the State of Georgia. All claims, disputes and other matters in question between the Owner and the Consultant arising out of or relating to the Agreement, or the breach thereon shall be decided in the Superior Court of Richmond County, Georgia. The Consultant, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. SEP ARA TE CONTRACTS The Owner reserves the right to let other contracts in connection with this Project. The Consultant shall afford other contractors/consultants reasonable opportunity for the execution of their work and shall properly connect and coordinate his work with theirs. If the proper execution or results of any part of the Consultant's work depends upon the work of any other Consultant, the Consultant shall inspect and promptly report to the Assistant Director of Solid Waste any defects in such work that render it unsuitable for such proper execution and results. The Owner may perform additional work related to the Project by himself or he may let other contracts containing provisions similar to these. The Consultant will afford the other Consultants who are parties to such contracts (or the Owner, if he is perfornling the additional work himself), reasonable opportunity for the execution of the work and shall properly connect and coordinate his work with theirs. 10 Augusta-Richmond COllnty Landfill Professional Project Management Consultant Services Agreement December 2004 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". SUBCONTRACTING The Consultant may utilize the services of specialty Subcontractors on those parts of the work, which, under normal contracting practices, are performed by specialty Subcontractors. The Consultant shall not award work to Subcontractor(s), in excess of fifty (50%) percent of the Contract Price, without prior written approval of the Owner. The Consultant shall be fully responsible to the Owner for the acts and omIssIons of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him. The Consultant shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind the Subcontractors to the Consultant by the terms of the Contract Documents insofar as applicable to the work of Subcontractors and to give the Consultant the same power as regards tern1inating any subcontract that the Owner may exercise over the Consultant under any provision of the Contract Documents. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. The Consultant shall give his personal attention to the fulfillment of the Contract and shall at all times keep the work under his control. The Consultant may subcontract portions of the work; however, he shall not award any work to any subcontractor without prior written approval of the Owner. The Owner's approval will not be given until the Consultant submits to the Owner a satisfactory statement concerning the proposed award to a subcontractor. "Work" as used herein, shall include the procurement and/or fabrication and the installation of the equipment described in the Specifications. The Consultant shall be as fully responsible to the Owner for the acts and omISSIOns of his subcontractors, and of persons either directly or indirectly employed by them, as he is for acts or omissions of persons directly employed by him. All subcontractors shall be deemed to be agents of the Consultant. 11 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 The approval of the Owner of any subcontractor shall not, under any circumstances, operate to relieve the Consultant or his sureties of any of his or their obligations under these Contract Documents. It is understood and agreed that all subcontracts and approvals of subcontractors shall be based upon the requisite of performance by the subcontractor in accordance with these Contract Documents; and should any subcontractor fail to perform his work to the satisfaction of the Engineer, the Owner shall have the absolute right to rescind his approval at once and to require the performance of such work by the Consultant or entirely or in part through other approved subcontractors. The Consultant shall submit a list of the names and addresses of proposed subcontractors, together with the type of work to be provided, with his bid. The Consultant will not be allowed to make changes in the list without the Owner's approval. The Consultant shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Consultant by the terms of these Contract Documents insofar as applicable to the work of subcontractors and to give the Consultant the same power as regards terminating any subcontract that the Owner may exercise over the Consultant under any provision of these Contract Documents. The Consultant shall inspect all work performed by subcontractors for compliance with these Contract Documents. TAXES, PERMITS AND LICENSES The Consultant shall pay all applicable taxes levied by federal, state, and local governments and obtain all permits on any part of the work as required by law in connection with the work. It is understood and agreed that the cost of said taxes is included in the contract price(s) for the work. The Consultant shall procure all temporary and permanent pern1its and licenses necessary and incidental to the due and lawful prosecution of the work and shall pay all charges and fees, and all costs thereof shall be deemed to be included in the contract price(s) for the work. SPECIAL RESTRICTIONS No site work shall be allowed after the hours of darkness or on Sunday and Holiday without permission of the Owner. 12 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 TIME FOR COMPLETION AND LIQUIDATED DAMAGES The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed. The Consultant will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the Consultant and the Owner, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. If the Consultant shall fail to complete the work within the contract time or extension of time granted by the Owner, then the Consultant will pay to the Owner the amount for liquidated damages the sum of $100.00 for each calendar day that the Consultant shall be in default after the time stipulated in the Contract Documents. The Consultant shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following and the Consultant has promptly given written notice of such delay to the Owner or Assistant Director of Solid Waste. 1. To any preference, priority or allocation order duly issued by the Owner. 2. To unforeseeable causes beyond the control and without the fault of negligence of the Consultant, including but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather; and 3. To any delays of subcontractors occasioned by any of the causes specified in Paragraphs I and 2 of this Article. The assessment of liquidated damages for failure to complete the WORK within the CONTRACT TIME shall not constitute a waiver of the Owner's right to collect any additional damages, which the OWNER may sustain, by failure of the Consultant to carry out the tem1S of his CONTRACT. Time extensions, however, will not be granted for rain, wind, flood or other natural phenomena of normal intensity for the locality where WORK is performed. For purpose of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for at least any continuous one-fourth of the CONTRACT PERIOD involved with the average of the preceding 5 year climatic range during the same time interval based on US Weather Bureau statistics for the locality where the WORK is performed. 13 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 CONTRACT TERMLNA TION Pursuant to O.C.G.A. 36-60-13, this Agreement shall terminate absolutely and without further obligation on the part of the Owner at the close of the calendar year in which this Agreement is executed and at the close of each succeeding calendar year for which the agreement may be renewed by the parties hereto This Agreement shall nevertheless automatically he renewed unless the Owner provides written notice to the Consultant of its intention to terminate the Agreement at least thirty days prior to the close of the calendar year for which the Agreement is presently effective between the parties and/or has been renewed by the Owner. This Agreement shall obligate the Owner solely for those sums payable during the initial tern1 of execution or in the event of renewal by the Owner for those sums payable in such individual renewal terms. Notwithstanding the foregoing language, the Consultant agrees to continuously render the professional services specified by the Agreement to the Owner for such terms or renewal terms as are effective pursuant to this Agreement and for which the Owner agrees to pay in accordance with the terms of the Agreement or any future amendments thereto. The Owner may terminate this contract in part or in whole upon written notice to the Consultant. The Consultant shall be paid for any validated services under this Contract up to the time of termination. 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 designeeIProject Manager. All of the services required hereunder will be performed by the Consultant under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under law to perform such servIces. 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 Owner or his designee. ELECTRONIC DOCUMENTS The Consultant shall submit electronic files of all project related documentation including the design calculation data files and any other supporting data files to Owner. 14 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 CONFIDENTIALITY The Consultant agrees that its conclusions and any reports are for the confidential information of the 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 Assistant Director of Solid Waste. Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this agreement shall not be presented publicly or published without prior approval writing of the Owner. It is further agreed that if any information concerning the project, its conduct, results, or data gathered or processed should be released by the Consultant without prior approval from the Owner, the release of same shall constitute grounds for tennination of this agreement without indemnity to the Consultant, but should any such information be released by the Owner or by the Consultant with such prior written approval, the same shall be regarded as public information and no longer subject to the restrictions of this agreement. IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below. Executed on behalf of Consultant. RECOMMENDED FOR APPROY AL: >~~f~ e:: #J- Bob Young, Mayor Approved: Date ll~ 13 -04 CORPORATE SEAL] - L aQ ,~ Title: ..,..-~~ /'. - ~ ~4-~: -iMJ Title: 15 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 SCOPE OF SERVICES General Scope of Services The services to be furnished by the Consultant under this Agreement shall be necessary for "Professional Project Management Consulting" Services shall be provided in accordance with the Professional Project Management Consultant Plan as requested in Augusta, Georgia. See attached Professional Project Management Consultant Plan (Exhibit A) 16 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 Augusta-Richmond County Landfill Professional Project Management Consultant Scrviccs Agrccmcnt EXHIBIT A 17 Dcccmbcr 2004 PROFESSIONAL PROJECT MANAGEMENT CONSULTANT PLAN Scope of Services Professional Project Management Consultant will provide project management services, but are not limited to, for the following projects: · Deans Bridge Road MSW Phase III Cell I Landfill Construction Project · Scale House Building Construction · Administration Building Construction · Maintenance Building Construction · Customer Drop Off Area · Regional Groundwater Study · Deans Bridge Road MSW Phase II Cell 2-C Landfill Closure · Truck Wash and Leachate Pumps Installation Typical duties to be performed by the consultant shall include, but are not limited to, the following: Assist Augusta Richmond County (ARC) with the pre-bid, bidding and selection process activities on an as-needed basis. 2. Provide technical and administrative management services for the project, coordination and oversight of all activities related to the construction of the project, maintain close liaison with ARC's Assistant Director of Solid Waste, and copy the ARC's Assistant Director of Solid Waste on all correspondence. 3. Maintain project files at the job site. At a minimum, project files shall include the following: . All contract documents (i.e. Instructions to Bidders. Contract/Agreement) . Proposal, Bid schedule, Sub-contractors listing, Bonds, Non-Collusion . Affidavit, General Conditions. Special Conditions. Technical . Specifications, and Construction Quality Assurance Requirements). . Relative permits and requirements from local governments or regulatory agencies. . Appropriate reference specifications, standards, and standard plans. . Notice to Proceed and contract time accounting procedure and documentation. . Equipment and material submittal log. (The construction contract shall he reviewed for submittal requirements and due dates shall be established). . Correspondence log. . Progress payment format in compliance with ARC's Assistant Director of Solid Waste. . Project personnel and emergency phone numbers. . Contract change order documentation and approval procedures. . Daily construction report format. (Supplemented by daily Geotechnical reports or CQA reports prepared on printed forms). 18 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 . Required safety documentation and equipment. . Project photographic log. . Record drawing format. 4. Prepare and review agendas for the pre-construction conference and weekly progress meetings. 5. Prepare and reView minutes for the pre-construction conference and weekly progress meetings. 6. Review and monitor the contractors schedule through weekly meetings, daily inspections records, weekly status reports, and correspondence related to project activities. 7. Identify actual and potential problems associated with the construction project and consult with the design engineer and ARC's Assistant Director of Solid Waste to implement engineering solutions. Problems shall he brought to the contractors attention immediately so that corrective action can he taken as soon as possible to minimize the impact on the overall construction schedule. 8. Maintain an awareness of health and safety requirements and enforce applicable contract provisions for the protection of the public and project personnel. 9. Consultant shall confer with and advise the ARC's Assistant Director of Solid Waste regarding the status of any significant items, and verify that appropriate notifications and/or coordination for specific events have taken place. 10. Coordinate submittal reviews with the design engineer. 11. Prepare progress payments to contractor, for ARC's Assistant Director of Solid Waste approval. 12. Review contractors as-built drawing markups pnor to submission to ARC's Assistant Director of Solid Waste. ~ 19 Augusta-Richmond County Landfill Professional Project Management Consultant Services Agreement December 2004 " .. -!. .. -1 - ..... . ", RESOLUTION A RESOLUTION PROVIDING FOR THE COLLECTION OF SOLID WASTE, YARD WASTE, RECYCLING AND BULKY WASTE AND THE ASSESSMENT OF THE ANNUAL COST OF COLLECTION AGAINST PROPERTY OWNERS. WHEREAS, the Charter of Augusta, Georgia (1995 Ga. Laws, p. 3648, as amended by 1996 Ga. Laws, p. 3670, 1997 Ga. Laws, p. 4024, and 1997 Ga. Laws p. 4690, and 1999 Ga. Laws, P. 4143) provides authority for the Augusta-Richmond County Commission to create special services tax districts and to assess, levy and collect ad valorem taxes and collect service charges and fees for the provision of designated services within a special services district, to include the collection of solid waste, yard waste, recycling and bulky waste; and WHEREAS, the Augusta-Richmond County Commission has determined that it is in the public interest and welfare for that portion of Augusta, Georgia, shown on and described on Exhibit "A" as to be serviced by the collection of solid waste, yard waste, recycling and bulky waste, with the cost thereof to be assessed as a charge based upon the roll of "Units" attached hereto as Exhibit "B". NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission, that there is hereby created and established the Solid Waste Management District, shown and described in Exhibit "A" attached hereto and incorporated by reference, for the purpose of providing for the collection of solid waste, yard waste, recycling and bulky waste encompassing the area shown and described in said Exhibit "A", BE IT FURTHER RESOLVED by the, Augusta-Richmond County Commission, that the boundaries of said district as enumerated on said Exhibit "A" be and the same are hereby established as described in said Exhibit "A" as full and complete as if the full legal description of the courses, distances and boundaries of said district are fully set forth herein. BE IT FURTHER RESOLVED that the annual cost and charges for the collection of solid waste, yard waste, recycling and bulky waste shall be at a rate $180.00 per year, per "Unit" to ~ - \ I - ,'-;' and shall be a lien upon the property on which each such "Unit" IS situated, annually and continuing each year until all annual charges have been paid. BE IT FURTHER RESOLVED that a "Unit" shall mean any residential unit, individual apartment or condominium in a multi-family residence, or a designated non-residential location, requiring curbside collection. A unit shall be deemed as requiring service when either water or domestic light and power services are connected thereto. BE IT FURTHER RESOLVED that the mmual cost as provided herein shall be prorated for the year 2001, with the charges to accrue effective August 1,2001. BE IT FURTHER RESOLVED that the Public Works Department shall provide annually, not later than July 15, to the Board of Tax Assessors and to the Tax Commissioner a list of the Units existing as of June 30 of such year, to be included on the roll of "Units." A "Unit" existing as of June 30 of each year shall be charged the annual charge for that year as set forth herein. IT IS ORDERED that a copy of this Resolution, together with a copy of said Exhibit "A" and Exhibit "B" be transmitted to the Tax Commissioner of Augusta-Richmond County, for the collection of any and all taxes and/or services which may be imposed against any businesses, residents and property served by said facilities. Duly adopted this ~., .--~ /$'"'' day of 'tn," , 2001. AU CO cfBY