HomeMy WebLinkAboutDeans Bridge Road
Augusta Richmond GA
DOCUMENT NAME: D~~ 6r;tj ~o.A
DOCUMENT TYPE: AJe..erYl e..tl-t
YEAR:0 Ll
BOX NUMBER: 25
FILE NUMBER: \1 t-l2q
NUMBER OF PAGES: 2'
. . CONSULTANT SERVICES AGREEMENT
BETWEEN
PUBLIC WORKS & ENGINEERING DEPARTMENT
AND
"ENGINEERING CONSULTANT"
FOR
DEANS BRIDGE ROAD MUNICIPAL SOLID WASTE LANDFILL
PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES
Augusta-Richmond County Landfill
Engineering Consultant Service Agreement
o
January 2004
TABLE OF CONTENTS
Page.
CONSULTANT SERVICES AGREEMENT
2
CONSULTING CRITERIA
3
AMOUNT OF CONTRACT
4
GENERAL CONDITIONS
5
Consultant Coordination
Accuracy of Work
Change In The Work
Additional Services
'Assistant Director Of Solid Waste
Delivery Of Notices
Supervision And Control
Employment Of County's Personnel
Review Of Work
Responsibility For Claims And Liability
Insurance
Compensation
Acceptance Of final Payment
Indemnification
Contract Disputes
Separate Contracts
Subcontracting
Taxes, Perm its and Licenses
Special Restrictions
Time For Completion and Liquidated Damages
Contract Termination
Personnel
Electronic Documents
Confidentiality
5
5
6
6
7
7
7
7
8
8
9
10
10
11
12
12
13
14
14
14
15
Scope Of Services
16
General Scope of Services
16
Exhibit A
17
Solid Waste Environmental 4 Month Action Plan
Proposal
Sole Source
17
17
17
Augusta-Richmond County Landfill
Engineering Consultant Service Agreement
1
January 2004
Public Works and Engineering Department
Teresa C. Smith, P.E., Director
4330 Deans Bridge Road
Blythe, Georgia 30805
(706) 592-9634 Fax (706) 592-1658
www.augustaga.gov
Mark Johnson
Assistant Director, Solid Waste Facility
MEMORANDUM
TO: GEORGE KOLB, ADMINISTRATOR
FROM:) d TERESA SMITH, P.E., DIRECTOR
DATE: MARCH 11,2004
SUBJECT: CONSULTANT SERVICE AGREEMENT
FILE REFERENCE: 04 - 008
Enclosed you will find a contract agreement between BMS Enterprises and Augusta
Richmond County which requires your signature.
The Commission allowed Public Works to enter an agreement between BMS Enterprises,
INC. and the Department Of Public Works And Engineering for environmental consulting.
TSlvh
Cc: Mark Johnson, Assistant Director of Solid Waste Facility
File:
Justification
Finished Products
17
18
CONSULTANT SERVICES AGREEMENT
BETWEEN
DEP ARTMENT OF PUBLIC WORKS AND ENGINEERING
AUGUSTA GEORGIA COMMISSION
AND
"BMS ENTERPRISES, INC"
This Agreement is made and entered into this 2ih day of January 2004, by and between Augusta,
Georgia, hereinafter called the "Owner" and BMS ENTERPRISES, INC a Corporation authorized
to do business in Georgia, hereinafter called the "Consultant."
Whereas, the Owner desires to engage a qualified and experienced consulting firm to furnish
professional services for:
"Environmental Engineering Consulting"
Whereas, the Consultant has represented to the Owner that it is experienced and qualified to
provide the services contained herein and the Owner has relied upon such representation.
Now, therefore, in consideration of the mutual promises and covenant herein contained, it is agreed
by and between the Owner and the Consultant that the Consultant shall provide the professional
services of the project (sees Solid Waste Environmental 4 Month Action Plan).
AugustaooRichmond County Landfill
Engineering Consultant Service Agreement
2
January 2004
CONSUL 'rING CRITERIA
Investigations and evaluations are required in order to complete the Solid Waste Environmental 4
Month action Plan for Deans Bridge Road MSW Subtitle D landfill compliance requirements.
The Consultant shall gather from the Owner all available data and information pertinent to the
performance of the services for the Project. The Owner shall have the final decision as to what data
and information is pertinent
The Consultant shall ensure that the data and information meet applicable standards as specified
herein. .
The Consultant shall report in writing any discovery of errors or omissions contained in the data
and information furnished by the Owner.
The Consultant shall visit and become familiar with the Project site and shall become acquainted
with local conditions involved in carrying out this Agreement. The Consultant may request that a
representative of the Owner be present during the site visit.
The Consultant shall recommend and secure the Owner's written approval of, the manner of
project plans presentation and the methods to be used in the plan preparation so that these plans can
be best utilized, as determined by the Consultant and approved by the Owner. Upon receipt of the
Owner's written approval of the manner of the project plan presentation and methods of plan
preparation, the Consultant shall proceed with implementation of plan preparation.
Augusta-Richmond County Landfill
Engineering Consultant Service Agreement
3
January 2004
AMOUNT OF CONTRACT
It is agreed that the compensation hereinafter specified to perform the ser,vices (see Solid Waste
Environmental 4 Month Action Plan) required by this Agreement includes both direct and indirect
costs chargeable to the project as further defined in Solid Waste Environmental 4 Month Action
Plan,
The maximum obligation of the Owner to the Consultant under the terms
of this Agreement shall be:
$60,100
Augusta-Richmond County Landfill
Engineering Consultant Service Agreement
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January 2004
GENERAL CONDITIONS
CONSULTANT COORDINA nON
The Consultant shall cooperate fully with Federal and State official, consultants on adjacent
projects, municipalities and local government officials, utility companies, railroads, and others, as
may be 'directed by the Owner. Such cooperation shall include attendance at meetings, discussions,
and hearings, as may be requested by the Owner, furnishing plans and other data produced in the
course of work on the Project, as may be requested from time to time by the Owner to effect such
cooperation and compliance with all directives issued by the Owner in accordance with this
agreement.
It is understood and agreed that Federal and State regulators may have access to the work and be
furnished information as directed by the Owner.
ACCURACY OF WORK
The Consultant shall be responsible for the accuracy of the work and shall promptly correct its
errors and omissions without additional compensation.
Acceptance of the work by the Owner will not relieve the Consultant of the responsibility for
subsequent correction of any errors and the clarification of any ambiguities.
At any time during the construction of the improvement provided for by the plans or during. any
phase of work performed by others based on data secured by the Consultant under the Agreement,
the Consultant shall confer with the Owner for the purpose of interpreting the information obtained
and to correct any errors or omissions made by it. The Consultant shall prepare any plans or data
required by the Owner to correct its errors or omissions. The above consultation, clarification, or
correction shall be made without added compensation to the Consultant. The Consultant shall give
immediate attention to these changes so there will be a minimum of delay to others.
CHANGE IN THE WORK
The Owner may at any time as the need arises, order changes within the scope of the work without
invalidating the Agreement. If such changes increase or decrease the amount due under the Contract
Documents or in the time required for performance of the work, an equitable adjustment shall be
authorized by Change Order.
Augusta-Richmond County Landfill
Engineering Consultant Service Agreement
5
January 2004
The Owner reserves the right to make at any time such alterations in the character of the work as the
Owner may consider necessary or desirable to complete the proposed work in a satisfactory manner
and consistent with the intent of these Contract Documents. Notice of every such alteration or
change shall be given in writing to the Consultant by the Owner, and no such alteration or change
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 altrrations 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 OwrIer 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 ofthe Assistant
Augusta-Richmond County Landfill
Engineering Consultant Service Agreement
6
January 2004
Director of Solid Waste servIces on trivial or mInor matters normally to be decided by the
Consultant.
DELIVERY OF NOTICES
All written notices, demands, and other papers or documents to be delivered to the Owner
Under this Agreement shall be delivered to the Owner's office, 4330 deans Bridge Road, Augusta,
Georgia 30805, Attention: Assistant Director of Solid Waste or at such other place or places as may
be subsequently designated by written notice to the Consultant. All written notices, demands, and
other papers or documents to be delivered to the Consultant under this Agreement shall be directed
to or at such a place or places subsequently to be designated in writing by the Consultant to the
Owner.
SUPERVISION AND CONTROL
The Consultant shall perform the services required to accomplish the work plan as stated above
under such control and supervision by the Owner as the Owner 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 OwrIer for inspection and review at all reasonable times
in the main offices of the OwrIer. 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.
Augusta-Richmond County Landfill
Engineering Consultant Service Agreement
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January 2004
RESPONSIBILITY FOR CLAIMS AND LIABILITY
The Consultant shall be responsible for any and all damages to properties or persons caused by its
employees, subcontractors, or agents, and shall hold harmless the OwrIer, 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
Insurance:
A. Workmen's Compensation Insurance in accordance with the laws of the State of Georgia.
B. General Liability Insurance in an amount of not less than One Hundred Thousand
($100,000.00) Dollars for injuries, including those resulting in death to anyone person, and
in an amount of not less than Three Hundred Thousand ($300,000.00) Dollars on account of
anyone occurrence.
C The Consultant shall procure and maintain, at his own expense, 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 compahy licensed to do
business in the state in which the project is constructed and approved by the Owner's
Attorney. .
COMPENSATION
The Owner shall compensate the Consultant for serVIces, which have been authorized by the
Owner under the terms of this Agreement.
The Consultant may submit to the Owner a monthly invoice, in a form acceptable to the Owner
and accompanied by all support documentation requested by the Owner, for payment for the
Augusta-Richmond County Landfill
Engineering Consultant Service Agreement
8
January 2004
services, which were completed during the billing period.
The Owner shall review for approval said invoices. The Owner shall have the right to reject
payment of any invoice or part thereof if not properly supported, or if the costs requested or a part
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.
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 OwrIer 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 reqeve 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.
Augusta-Richmond County Landfill
Engineering Consultant Service Agreement
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January 2004
INDEMNIFICATION
The Consultant will indemnify and hold harmless the Owner and their agents and employees from
and against all claims, damages, losses and expenses including 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 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 performing the additional work himself),
reasonable opportunity for the execution of the work and shall properly connect and coordinate his
Augusta-Richmond County Landfill
Engineering Consultant Service Agreement
10
January 2004
work with theirs.
If the performance of additional work by other Consultants or the Owner is not noted in the
Contract Documents prior to the execution of the Contract, written notice thereof shall be given to
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 Subcontr~ctor(s), in excess of fifty (50%) percent of the
Contract Price, without prior written approval ofthe.owrIer.
The Consultant shall be fully responsible to the Owner for the acts and omISSIOns of his
Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts
and omissions of person directly employed by him.
The Consultant shall cause appropriate provisions to be inserted in all subcontracts relative to the
work to bind the Subcontractors to the Consultant by the terms of the Contract Documents insofar
as applicable to the work of Subcontractors and to give the Consultant the same power as regards
terminating any subcontract that the Owner may exercise over the Consultant under any provision
of the Contract Documents.
Nothing contained in this Contract shall create any contractual relation between any Subcontractor
and the Owner.
The Consultant shall give his personal attention to the fulfillment of the Contract and shall at all
times keep the work under his control.
The Consultant may subcontract portions of the work; however, he shall not award any work to any
subcontractor without prior written approval of the Owner. The Owner's approval will not be given
until the Consultant submits to the Owner a satisfactory statement concerning the proposed award
to a subcontractor.
The Consultant shall be as fully responsible .to .the Owner for the acts and omISSIons of his
subcontractors, and of persons either directly or indirectly employed by them, as he is for acts or
omissions of persons directly employed by him. All subcontractors shall be deemed to be agents of
the Consultant.
Augusta-Richmond County Landfill
Engineering Consultant Service Agreement
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January 2004
The approval of the Owner of any subcontraCtor shall not, under any circumstances, operate to
relieve the Consultant or his sureties of any of: his or their obligations under these Contract
Documents. It is understood and agreed that all subcontracts and 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 thes,e Contract Documents.
The Consultant shall inspect all work performed by subcontractors for compliance with these .
Contract Documents.
TAXES, PERMITS AND LICENSES
The Consultant shall pay all applicable taxes levied by federal, state, and local governments and
obtain all permits on any part of the work as required by law in connection with the work. It is
understood and agreed that the cost of said taxes is included in the contract price(s) for the work.
The Consultant shall procure all temporary and permanent permits and licenses necessary and
incidental to the due and lawful prosecution of the work and shall pay all charges and fees, and all
costs thereof shall be deemed to be included in the contract price(s) for the work.
SPECIAL RESTRICTIONS
No work shall be allowed after the hours of darkness or on Sunday and Holiday without permission
of the Owner.
Augusta-Richmond County Landfill
Engineering Consultant Service Agreement
12
January 2004
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 OwrIer the amount for liquidated
damages the sum of $100.00 for e.ach 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 OwrIer or Assistant Director of Solid Waste.
I. 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
OwrIer, acts of another Contractor in the performance of a contract with the Owner, fires,
floods, epidemics, quarantine restrictions, strikes, . freight embargoes and abnormal and
unforeseeable weather; and
3. To any delays of subcontractors occasioned by any of the causes specified in Paragraphs I and
2 of this Article.
The assessment of liquidated damages for failure to complete the WORK within the CONTRACT
TIME shall not constitute a waiver of the Owner's right to collect any additional damages, which
the OWNER may sustain, by failure of the Consultant to carry out the terms of his CONTRACT.
Time.extensions, however, will not be granted for rain, wind, flood or other natural phenomena of
normal intensity for the locality where WORK is performed. For purpose of determining extent of
delay attributable to unusual weather phenomena, a determination shall be made by comparing the
weather for at least any continuous one-fourth of the CONTRACT PERIOD involved with the
average of the preceding 5 year climatic range during the same time interval based on US Weather
Bureau statistics for the locality where the WORK is performed.
Augusta-Richmond County Landfill
Engineering Consultant Service Agreement
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January 2004
CONTRACT TERMINATION
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 be 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 term 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 OwrIer 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 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 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 of data files, plans, reports, and any other supporting data files to Owner.
Augusta-Richmond County Landfill
Engineering Consultant Service Agreement
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January 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 discu~s 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 Ow~er.
It is further agreed that if any information concerning the project, its conduct, results, or data
gathered or processed should be released by the Consultant without prior approval from the Owner,
the release of same shall constitute grounds for termination of this agreement without indemnity to
the Consultant, but should any such information be released by the Owner or by the Consultant
with such prior written approval, the same shall be regarded as public information and no longer
subject to the restrictions of this agreement.
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below.
Executed on behalf of Consultant.
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Augusta-Richmond County Landfill
Engineering Consultant Service Agreement
15
January 2004
SCOPE OF SERVICES
General Scope, of Services
The services to be furnished by the Consultant under this Agreement shall be necessary for
"Environmental Engineering Consulting"
Services shall be provided in accordance with the Solid Waste Environmental 4 Month Action Plan
as requested in Augusta, Georgia.
See attached Solid Waste Environmental 4 Month Action Plan
(Exhibit A)
Augusta-Richmond County Landfill
Engineering Consultant Service Agreement
16
January 2004
EXHIBIT A
Solid Waste Environmental 4 Month Action Plan;
Proposal
It is proposed to have BMS Enterprises provide critical environmental consulting for the months of
January to April to the Augusta-Richmond County Solid Waste Landfill. The cost associated with
this service will be $63,000 paid as the project is completed.
Sole Source
For this project, BMS Enterprises will be considered a sole source contractor. This is justified by the
following reasons. First, the timeliness required to complete our permit required tasks does not
allow us to utilize the RFP process. Further, we could not acclimate a new vendor to our operation
fast enough to meet the timelines of our permit requirements.
BMS Enterprises has intimate knowledge of our operation. Further, BMS Enterprises started the
initial plans and reports that are required by our permits. It is best practice to have one vendor
complete the plans and reports, especially after the reports have been initiated.
Justification
() . The position of Environmental Engineer is vacant and will not be filled timely enough to
meet specific permit requirements. The position of Environmental Engineer is responsible
for filing key reports and plans such as Title V, Stormwater, Groundwater, NSPS, and
Leachate. By not meeting the permitting requirements, the Landfill will be facing possible
consent orders, notice of violations, and fines that could far exceed the cost of the consultant.
o The Title V permit was provided to the site.on or about October 20, 2003. Title V requires
that one annual SSM report (excess emissions, exceedances, or excursions), one semi-annual
SSM plan (start-up, shut-dowrI, and malfunction plan), and one annual NMOC emission rate
'report be completed. Not receiving the Title V permit timely has placed us in a time critical
state. If the reports are not filed timely, the Landfill faces fines up to $10,000 per day. This
is the first year that the Landfill has been under Title V requirements. At this point, the
Landfill does not have employees qualified or trained to complete such reports.
@ We do not have a current Stormwater Plan for the landfill operation. This is a permit
requirement, and we are currently out of compliance as it relates to EPD. Failure to correct
such items could result in a consent order with fines.
o The NSPS Report is also due in January. This too is a time sensitive issue that will require
outside assistance. The Landfill received a consent order relating to NSPS in January 2003.
It was negotiated that the Landfill would file this report on time. Under the consent order
there is a penalty phase if the report is not filed on time. In addition to the penalty phase, a
$10,000 per day fine can be issued for non-compliance.
Augusta-Richmond County Landfill
Engineering Consultant Service Agreement
17
January 2004
, .
Finished Products
I) A Complete SSM Plan that looks at start-ups, shut-dowrIs, and a malfunction plan relating to
the gas collection system and the data collected from Landgas. This plan will be given to the
Assistant Director of Solid Waste, a copy will be placed in the Operating Record, and a copy
will be given to all appropriate governmental agencies on or before January 16, 2004.
(l) A Complete SSM report that looks at excess emissions, exceedances, or excursions relating
to the gas collection system and the data collected from Landgas. This plan will be given to
the Assistant Director of Solid Waste, a copy will be placed in the Operating Record, and a '
copy will be given to all appropriate governmental agencies on or before January 30, 2004.
(l) An annual NMOC Emission Rate Report will be given to the Assistant Director of Solid
Waste, a copy placed in the Operating Record, and a copy to all appropriate governmental
agencies by January 30, 2004.
o Complete a NSPS Annual Compliance Report by January 30, 2004 with a copy given to the
Assistant Director of Solid Waste, a copy placed in the Operating Record, and a copy to all
appropriate governmental agencies.
@ ,Provide an updated Storm Water Pollution Plan by April 2, 2004 with a copy given to the
Assistant Director of Solid Waste, a copy placed in the Operating Record, and a copy to all
appropriate governmental agencies.
a Provide training to the Assistant Director, Operations Manager, and Environmental
Technician as it relates to the updated Storm Water Pollution Plan by April 30, 2004.
o Review monthly gas well data to ensure accuracy. Teach Landgas about event reporting and
well rechecks. Create standards regarding shut-dowrI, and malfunction procedures. Work
with Landgas to eliminate any reporting issues and develop reporting criteria/standards for
future year's reports. This will be an ongoing process that will cease on April 30, 2004.
G Facilitate changes in the SPCC template to be site specific. This project will be ajoint effort
with the Landfill Environmental Technician." This will be completed by April 30, 2004.
o Review Leachate and Groundwater testing data and testing procedures to ensure that proper
. protocol is followed. Research any statistical significant increased and provide results back
to both the Environmental Technician and the Assistant Director of Solid Waste. This will
be an ongoing project with data reviewed monthly, that will cease on April 30, 2004.
Augusta-Richmond County Landfill
Engineering Consultant Service Agreement
18
January 2004
.(
Office of The Administrator
George R, Kolb
Administrator
Room 801 - Municipal Building
530 Greene Street - AUGUSTA, GA.30911
(706) 821-2400 - FAX (706) 821-2819
www:augustaga.gov
January 6, 2004
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Ms. Teresa Smith
Public Works & Engineering Director
1815 Marvin Griffin Road .
Augusta, 9A 30906
Dear Teresa:
The AUgUsta Commission, at their regular meeting held Tuesday, January 6, 2004, took action on the
foUowlngitems.
_ 21. Approved the paving and widening of Youngblood Drive due to safety concerns. (Approved by
Engineering SerVices Committee December 29,2003)
22.
Authorized Public. Works and Engineering - Solid Waste DivisioI). to enter a contract with BMS
Enterprises for environmental cOll!lulting, which will facilitate accurate !lnd timely reporting to the
regulatory agencies. (Approved by ED,girieering Services Committee December 29,2003)
\ .
23. - Approved the Capital Project Budget Change NumberTwo (CPB# 323-04-201823161) adding $209;000
for utility relocations and contingency on the SR 56 at New Goshen Road/Goshen Industrial ~roject to be _
funded from One Percent Sales Tax Phase m, Recapture. (Approved by Engineering Services Comniittee
becember 29; 2003) ,
24. Approved the bid awardofB:id # 03-149 to, Winter Construction: Company, Inc.-in the amqunt of $21;215
for servicesin conjunction with underground storage tank site assessments and development of corrective
action plans. - (Approved by Engineering Services Committee December 29,2003)
25. AuthoriZed Public Works and Eo,gineering - Solid Waste Division to hire a dedicated Accountant I
allowing for -improved financial controls and accountability: (Approved by Engineering Services
CoIillIrittee December 29,2003) ,
If you have any questions, please contact me.
Yours truly,
~.
Frederick L. Russell
Deputy Administrator
cc: Ms. Geri Sams
Ms. Brenda Byrd-Pelaez
Mr, David Persaud
Ms. Donna Williams
01-06-04: #21.:#25