HomeMy WebLinkAboutTMDL ROTHBERG TAMFURINI WINSOR INC
STATE OF GEORGIA
RICHMOND COUNTY
GENERAL
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
CONSULTANT
CONSULTANT: Rothberg, Tamburini & Winsor, Inc.
PROJECT: Savannah River DO TMDL, Compliance Alternatives Evaluation
DATE EXCECUTED: II - 8'- .2 OCJ 7
DATE COMPLETED:
Revision Date: February 7,2001
AUGUSTA, GEORGIA
(CITY)
STANDARD AGREEMENT FOR GENERAL PROFESSIONAL
SERVICES TO BE FURNISHED TO THE AUGUSTA
UTILITIES DEPARTMENT
CITY'S ADDRESS:
360 Bay Street, Suite 180
Augusta, GA 30901
PROJECT NAME
Savannah River DO TMDL, Com liance Alternatives Evaluation
CONSULTANT
Rothber , Tamburini & Winsor, Inc.
CONSULTANT'S
ADDRESS:
360 Bay Street, Suite 435
Augusta, GA 30901
CITY and CONSULTANT have agreed that CONSULTANT will perform the following Services, which are part of the PROJECT
identified above. The Services covered by this AGREEMENT will be performed in accordance with the Provisions included
within this form and any attachments or schedules. This AGREEMENT supersedes all prior agreements and understandings
and ma onl be chan ed b written amendment executed b both arties.
Scope Of Services:
RTW will conduct a preliminary study to assess unique or innovative compliance options relative to the
proposed Dissolved Oxygen Total Maximum Daily Load proposed by EPD and EP A. This study would
identify alternatives and estimate implementation costs. Types of alternatives that will be considered
include treatment of non-point sources of oxygen demand and treatment sharing or credits. RTW will
discuss the results of this study with the Georgia Environmental Protection Division.
Compensation:
Based u on "CONSULTANT SERVICES" Attached hereto the com ensation will be:
Lum sum fee: $30,000
Other Terms:
The following attachments are hereby
made a part of this AGREEMENT:
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Revision Date: February 7, 2001
GENERAL PROVISIONS
ARTICLE 1. TERMS OF PAYMENT
1.1 Invoicing
CONSULTANT may submit invoices to CITY for progress
payments not more than once each month. Such invoices
will represent the value of the completed Scope of Services
and will be prepared in a form and supported by
documentation as CITY may reasonably require. Invoices
will be reviewed and approved by PROGRAM MANAGER
before submittal to CITY.
1.2 Final Payment
Upon completion of the Scope of Services, CONSULTANT
will notify CITY, in writing, that the Scope of Services is
complete and that final payment is due. If the Scope of
Services has been completed in accordance with this
AGREEMENT. The final invoice to the CITY shall be clearly
noted as "Final Invoice."
1.3 Liens
CONSULTANT will promptly pay for all services, labor,
materials, and equipment used or employed by
CONSULTANT in the Scope of Services, and will maintain
all materials, equipment, structures, buildings, and premises
free and clear of mechanic's or other liens. CONSULTANT
will, upon completion of the Scope of Services and before
final payment is due, furnish CITY with reasonable evidence
that all services, labor, materials, and equipment have been
paid in full.
ARTICLE 2. OBLIGATIONS OF CONSULTANT
2.1 Independent Contractor
CONSULTANT is an independent contractor and will
maintain complete control of and responsibility for its
employees, subcontractors, and agents. CONSULTANT
shall also be solely responsible for the means and methods
for carrying out the Scope of Services and for the safety of
its employees.
2.2 Lower Tier Subcontractors
2.2.1 The names of any proposed or existing
subcontractors to CONSULTANT who will perform a portion
of the Scope of Services (Lower Tier Subcontractor) must
be submitted to and approved in advance in writing by CITY.
CONSULTANT will bind all Lower Tier Subcontractors to the
Provisions of this AGREEMENT.
2.2.2 Neither this AGREEMENT nor any Lower Tier
Subcontract will create any contractual relationship between
any Lower Tier Subcontractor and CITY, nor any liability of
CITY to any Lower Tier Subcontractor.
2.3 Performance
2.3.1 The standard of care for all services performed or
furnished by CONSULTANT under this Agreement will be
the level of care and that is ordinarily used by members of
CONSULTANT'S profession practicing under similar
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conditions. If such deficiencies are not corrected in a timely
manner, CITY may cause the same to be corrected and
deduct costs incurred from CONSULTANT's compensation.
2.3.2 Results reported from any laboratory Services may
undergo contract compliance and quality assurance reviews
by CITY. For analyses that fail either of these reviews, the
laboratory will be required, without further compensation, to
reanalyze the samples to meet these requirements. If
reanalyzes is not possible, the laboratory will not be paid for
the deficient analyses.
2.4 Insurance
2.4.1 CONSULTANT. will maintain throughout this
AGREEMENT the following insurance:
(a) Worker's compensation insurance in accordance with
the laws of the State of Georgia.
(b) Public Liability Insurance - covering claims for injuries
to members of the public or damage to property of
others arising out of any covered negligent act or
omission of CONSULTANT or of any of its
employees, agents, or subcontractors, with
$1,000,000 per occurrence and in the aggregate.
(c) Valuable Papers Insurance - in an amount sufficient
to assure the restoration of any plans, drawing,
field notes, or other similar data relating to the work
covered by the Project.
(d) Professional Liability insurance - in an amount of not
less than $1,000,000.
2.4.2 Insurance coverage in 2.4.1 (b) and (c) above will
name CITY and CONSULTANT as additional insureds. Such
insurance will be the primary coverage to CITY.
2.4.3 Before commencing Work under this contract,
CONSULTANT will furnish CITY with certificates of
insurance verifying coverages and additional insureds.
Certificates also will state that the insurance carrier will give
CITY thirty (30) days notice of any insurance cancellation or
material alteration.
2.5 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
CITY,
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 subcontracts,
or agent 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.
2.6 Codes, Laws, and Regulations
CONSULTANT will comply with all applicable codes, laws,
regulations, standards, and ordinances applicable in the
State of Georgia, in force during the term of this
AGREEMENT.
Revision Date: February 7, 2001
2.7 Permits, Licenses, and Fees
CONSULTANT will obtain and pay for all permits and
licenses required by law that are associated with
CONSULTANT's performance of the Scope of Services.
2.8 Confidentiality
The CONSULTANT agrees that its conclusions and any
reports are for the confidential use and information of the
CITY and that it will not disclose its conclusions in whole or
in part to any persons whatsoever, other than to submit its
written documentation to the CITY, and will only discuss the
same with it or its authorized representatives. Upon
completion of this Agreement term, all documents, drawings,
reports, maps, data and studies prepared by the
CONSULTANT pursuant thereto shall become the property
of the CITY and be delivered thereto.
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
in writing of the CITY.
2.9 Open Records
CONSULTANT acknowledge that all records relating to this
Agreement and the services to be provided under the
contact may be a public record subject to Georgia Open
Records Act (O.C.GA S 50-18-70, et seq.). CONSULTANT
shall cooperate fully in responding to such request and
making all records, not exempt, available for inspection and
copying as provided by law.
2.10 Key Personnel
Designate in writing a person to act as the CONSULTANT'S
representative with respect to the services to be rendered
under this agreement. Such person shall have complete
authority to transmit instructions, receive information,
interpret and define the CITY's policies and decisions with
respect to the CONSULTANT'S services for this part of the
project.
All professional personnel, including subcontractors,
engaged in performing services for the CONSULTANT
under this agreement are indicated in a personnel listing
attached hereto as Attachment C - Listing of Key Personnel
and incorporate herein by reference. No changes or
substitution shall be permitted in the CONSULTANT's Key
Personnel without the prior written approval of the CITY or
his designee.
The CONSULTANT represents that it has secured or will
secure, at its own expense, all personnel necessary to
complete this Agreement; none of whom shall be employees
of, or have any contractual relationship with, the CITY. All of
the services required hereunder wilL be performed by the
CONSULTANT under its supervision, and all personnel
engaged in the work shall be qualified and shall be
authorized or permitted under law to perform such services.
2.11 Ownership, Publication, Reproduction and Use
All documents and materials prepared pursuant to this
Agreement are the property of the CITY. The CITY shall
have the unrestricted authority to publish, disclose,
distribute, and other use, in whole or in part, any reports,
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data, maps, or other materials prepared under this
Agreement without according credit of authorship. The CITY
shall hold harmless the CONSULTANT against all claims
arising out of such use of documents and materials without
the CONSULTANT's knowledge and written consent.
One legible copy each of all laboratory, field, or other notes,
log book pages, and technical data, computations, designs
and other instruments of service prepared under the terms
of this AGREEMENT will be delivered by CONSULTANT to
CITY upon completion of the Scope of Services.
2.12 Access to Records
CONSULTANT will maintain accounting records, in
accordance with generally accepted accounting principles
and practices, to substantiate all invoiced amounts. Said
records will be available for examination by CITY during
CONSULTANT's normal business hours for a period of 3
years after CONSULTANT's final invoice to the extent
required to verify the costs incurred hereunder.
2.123 Suspension of WORK
CONSULTANT will, upon written notice from CITY, suspend,
delay, or interrupt all or a part of the Scope Qf Services. In
such event, CONSULTANT will resume the Scope of
Services upon written notice from CITY, and an extension of
time and/or an equitable adjustment in compensation, if
appropriate, will be mutually agreed upon.
2.14 Schedule
The CONSULTANT must meet the schedule specified in the
Scope of Services. A detailed performance schedule will be
specified as part of the work authorization.
During the performance of work, should the CONSULTANT
or CITY estimate that CONSULTANT will fail to meet a
mutually agreed upon schedule or time of completion and
CONSULTANT does not propose a solution satisfactory to
CITY, CITY may require CONSULTANT to implement any or
all of the following:
(1) Extend its working day to 10 hours or more
(2) Extend its working week to 6 or 7 days
(3) Increase the labor force
(4) Provide and utilize additional equipment and facilities.
CONSULTANT will continue the accelerated services until
such time as CITY determines that progress conforms to the
schedule completion time. All additional costs of the
accelerated effort will be borne solely by CONSULTANT
unless a change in Scope of Services can be shown.
Revision Date: February 7,2001
2.15 Monthly Progress Report
CONSULTANT will provide, if requested by CITY, a monthly
progress report to CITY in a form and covering information
as required by CITY.
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 CITY's request in the
regard.
2.16 Observation of the Work
CITY reserves the right, but not the obligation, at all
reasonable times to inspect or otherwise evaluate the
Services performed or being performed by CONSULTANT
. and the premises on which it is being performed.
2.17 Working Files
CONSULTANT will maintain files containing all deliverable
documentation including calculations, assumptions,
interpretations of regulations, sources of information, and
other raw data required in the performance of this
AGREEMENT. CONSULTANT will provide copies of the
information contained in its working files to CITY upon
request of CITY.
2.18 Communications with CITY
All of CONSULTANT's written or verbal communication with
or to federal, state, or local agencies, relative to Services
under this AGREEMENT must be through or with the
knowledge of CITY or Program Manager.
2.19 Safety
CONSULTANT is solely responsible for health and safety of
its own employees and its subcontractors. CONSULTANT
will comply with any owner or site controlling contractor's
health and safety plan. CONSULTANT will comply with all
applicable federal, state and local laws and regulations
related to health and safety.
2.20 Program Manager
Proqram Manaqer - means the representative of the CITY
who shall act as Liaison between the CITY and the
CONSULTANT for all matters pertaining to this Agreement,
including review of CONSULTANT's plans and work.
ARTICLE 3. OBLIGATIONS OF CITY
3.1 Timely Review
CITY will examine CONSULTANT's studies, reports,
proposals, and other project-related documents and render
decisions required by CONSULTANT in a timely manner.
3.2 Prompt Notice
CITY will give written notice to CONSULTANT whenever
CITY observes or becomes aware of any development that
affects the scope or timing of CONSULTANT's Scope of
Services, or any defect in the Services of CONSULTANT.
3.3 Technical Guidance and Information Transfer
3.3.1 CITY may, at its sole discretion, provide technical
guidance on subcontract performance. Technical guidance
may include:
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(a) Guidance that assists CONSULTANT in
accomplishing the Scope of Services.
(b) Review comments on deliverables.
(c) Copies of technical guidance documents relative to
Services under this AGREEMENT, as they are
made available to CITY.
Technical guidance will be issued in writing or, after verbal
issuance, confirmed in writing.
3.3.2 CITY may also, at its sole discretion, provide
CONSULTANT with documents, forms, procedures,
agreements, and other items specifically developed for use
on this PROJECT, for CONSULTANT's information.
CONSULTANT agrees to assume the full liability arising out
of the improper use of any information provided by CITY.
3.4 Furnished Data
CITY will provide CONSULTANT technical data in its
possession, including, but not limited to, previous reports,
maps, surveys, borings, and other information relating to
CONSULTANT's Scope of Services on the PROJECT.
CONSULTANT may reasonably rely upon the accuracy of
the information provided by CITY.
3.5 Changes
3.5.1 CITY may, by written order only, make changes,
revisions, additions, or deletions (collectively hereinafter
called "changes") in the Scope of Services. CONSULTANT
will not proceed with any changes unless notified to proceed
in writing by CITY.
3.5.2 Nothing herein will be construed as relieving
CONSULTANT of its obligations to perform, including
without limitation, the failure of the parties to agree upon
CONSULTANT entitlement to, or the amount of, any
adjustment in time or compensation.
3.5.3 Any claim by CONSULTANT for an adjustment
under this paragraph must be asserted in writing fully
supported by factual information to CITY, within 30 days
from the date of receipt by CONSULTANT of the written
change authorization from CITY or within such extension of
that 3D-day period as CITY, in its sole discretion, may grant
in writing at CONSULTANT's request prior to expiration of
said period.
3.5.4 If the Scope of Services is reduced by changes,
such action will not constitute a claim for damages based on
loss of anticipated profits.
ARTICLE 4. GENERAL LEGAL PROVISIONS
4.1 Proprietary Information
Except when otherwise authorized in writing by CITY, all
drawings, specifications, technical data, and other
information furnished to CONSULTANT either by CITY or
CLIENT or developed by CONSULTANT or others in
connection with the Services rendered are, and will remain,
the property of CITY, and may not be copied or otherwise
reproduced or used in any way except in connection with the
Scope of Services, or disclosed to third parties or used in
any manner detrimental to the interest of CITY.
Revision Date: February 7,2001,
4.2 Assignments
This is a bilateral Personal Services Agreement. Neither
party shall have the power to or will assign any of the duties
or rights or any claim arising out of or related to this
AGREEMENT, whether arising in tort, contract or otherwise,
without the written consent of the other party. Any
unauthorized assignment is void and unenforceable. These
conditions and the entire AGREEMENT are binding on the
heirs, successors, and assigns of the parties hereto.
4.3 Force Majeure
Neither party to this AGREEMENT will be liable to the other
party for delays in performing the Scope of Services, or for
the direct or indirect cost resulting from such delays, that
may result from acts of God, acts of governmental
authorities, extraordinary weather conditions or other natural
catastrophes, or any other cause beyond the reasonable
control or contemplation of either party. Each party will take
reasonable steps to mitigate the impact of any force
majeure. CITY will adjust the schedule and compensation
under this AGREEMENT to the extent that CITY's schedule
and compensation are equitably adjusted by CLIENT.
4.4 Authorization to Proceed
Execution of this AGREEMENT by CITY will be authorization
for CONSULTANT to proceed with the Scope of Services,
unless otherwise provided for in this AGREEMENT.
4.5 No Third Party Beneficiaries
This AGREEMENT gives no rights or benefits to anyone
other than CONSULTANT and CITY and has no third-party
beneficiaries.
4.6 Jurisdiction
The law of the State of Georgia shall govern the
CONTRACT between CITY and CONSULTANT, with regard
to, its interpretation and performance, and any other claims
related to this Agreement.
All claims, disputes and other matters in question between
the CITY and 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, be executing this Agreement, specifically
consents to jurisdiction and venue in Richmond County and
waives any right to contest the jurisdiction and venue I the
Superior Court of Richmond County, Georgia.
4.7 Termination
4.7.1 Termination for Convenience
The CITY 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.
4.7.2 Termination for Default
If through any cause, the CONSULTANT shall fail to fulfill in
a timely and proper manner its obligations under this
Agreement, or if the CONSULTANT shall violate any of the
covenants, agreements or stipulations of this Agreement..
CONSULTANT will be given the opportunity to commence
correction of obligation within 5 days of written notice and
diligently complete the correction thereafter. Failure to
maintain the scheduled level of effort as proposed and
prescribed, or deviation from the aforesaid schedule without
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prior approval of the CITY, shall constitute cause for
termination~ The CITY shall thereupon have the right to
terminate this Agreement by giving written notice to the
CONSULTANT of such termination, and specifying the
effective date thereof, at least five (5) days before the
effective date of such termination. In such event, all finished
or unfinished documents, maps, data, studies, work papers
and reports prepared by the CONSULTANT under this
Agreement shall become the property of the CITY, and the
CONSULTANT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such
documents, as mutually agreed by the CITY and
CONSULTANT.
4.8 Conflict of Interest
4.8.1 Conflict of Interest: The CONSULTANT agrees
that it pr~sently has no interest and shall acquire no interest,
direct or indirect, that would conflict in any manner or degree
with the performance of its services hereunder. The
CONSULTANT further agrees that, in the performance of
the Agreement, no person having such interest shall be
employed.
4.8.2 Interest of Public Officials: No member, officer,
or employee of the CITY during his tenure or for one year
thereafter, shall have any interest, direct or indirect, in this
Agreement or the proceeds thereof.
4.8.3 Emplovment of CITY's Personnel: The
Consultant shall not employ any person or persons in the
employ of the CITY for any work required by the terms of the
Agreement, without the written permission of the CITY
except as may otherwise be provided for herein.
Revision Date: February 7,2001
PROPOSAL
ATTACHMENT A: SCOPE OF WORK
BACKGROUND
EP A and Georgia EPD are working to develop the rationale and standards for the Savannah
River and Savannah Harbor based on models of the lower river and harbor.
The resulting regulations are envisioned to result in total daily maximum loads (TMDL) for the
river which will impact all dischargers to the river. Based on the current general understanding
of the process and its direction, it is anticipated that the TMDL will result in very restrictive
limits for parameters which cause oxygen depletions in the water column. Current discussions
indicate that the comparison or historic data period will be based on actual discharges in 1999.
In practice this could mean that loads above the historical level cannot be discharged to the river,
resulting in far more stringent limits, or limits that cannot be met with other than exotic treatment
processes.
There already is a significant effort aimed at reviewing the regulatory process and its base
science, and this is not the purpose of this effort. The purpose of this evaluation will be to
determine compliance options, assuming that a stringent TMDL is actually issued, and the cost
of compliance. A further purpose of this evaluation will be to identify regulatory language that
may be necessary or beneficial to enable the application of possible unique or innovative
techniques for achieving compliance.
This proposal is for a project to complete a brief study/evaluation to determine if unique or
innovative compliance options may exist, preliminary estimates of cost, and how these could
actually be implemented. The approach will be based on the paradigm that the underlying
purpose of the regulation must be met, achieving the goal of maintaining desired or required
dissolved oxygen levels in the water column at the designated locations. To the extent that
unique or innovative options can be identified, it may be possible to define special provisions or
regulatory language that could be implemented to ease the application of the option.
The result of this effort will be a letter report or "'White Paper" that describes viable approaches
or options to meet the dissolved oxygen goals. This report will develop cost estimates for the
options, which may be compared to alternative approaches. This report will also identify the
expected result or impact on the river/harbor oxygen demand.
At this time it is difficult to determine how many options may be identified for evaluation, so the
scope will be based on an estimate of time associated with this task. Preliminarily it seems
reasonable to evaluate concepts which can offset discharged oxygen demand by replacing the
oxygen or by offsetting that demand through other techniques. Another alternative may be to
locate oxygen demand loads, coming from non-point sources, at points on the river that can be
collected and treated, to offset point source loads.
The attached spread sheet shows the cost estimate for this effort as well as a general scope.
These concepts may require regulatory provisions that allow some sort of treatment credit
sharing or transfers, or methods that allow a discharger to take credit at locations other than their
point of discharge. As options are developed and evaluated, the necessary regulatory
requirements will be considered and appropriate concepts or language will be discussed that
could be suggested to EPD for inclusion in the regulation to enable implementation of viable
alternatives.
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IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
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AUG~SY'r GEORGIA (CITY)
BY UL.::-64'. L:-
PRINTED NAME: '17-1\1;1=0 S. ~""H-t4v'~t.
TITLE: MAYOR
DATE:
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DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street
Augusta, Ga 30901
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PRINTED NAME: Tom D. Wiedmeier
TITLE: Vice President
DATE:
11-1-07
Revision Date: February 7,2001