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HomeMy WebLinkAboutCONSULTANT SERVICES AGREEMENT BETWEEN DEPT OF ENVIRONMENTAL SERVICES AND ATLANTIC COAST CONSULTING INCCONSULTANT SERVICES AGREEMENT BETWEEN "DEPARTMENT OF ENVIRONMENTAL SERVICES AUGUSTA, GEORGIA" AND "CONSULTING ENGINEER" This Agreement is made and entered into this Z day of Fibru arc.' 20 1Zby and between Augusta, Georgia, a consolidated government and political subdivision of the State of Georgia hereinafter called "Augusta" and Atlantic Coast Consulting, Inc, a Corporation authorized to do business in Georgia, hereinafter called the "Consultant." Whereas, Augusta desires to engage a qualified and experienced consulting firm to furnish: "Environmental Compliance, Testing, Engineering, and Consulting for Augusta's Environmental Services Department" Whereas, the Consultant has represented to Augusta that it is experienced and qualified to provide the services contained herein and Augusta has relied upon such representation Now, therefore, in consideration of the mutual promises and covenant herein contained, it is agreed by and between Augusta and the Consultant that: The Consultant shall gather from Augusta all available data and information pertinent to the performance of the services for the Project. Augusta 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 Augusta. The Consultant shall visit and become familiar with the Project sites and shall become acquainted with local conditions involved in carrying out this Agreement. The Consultant may request that a representative of Augusta be present during the site visit. The Consultant shall recommend and secure Augusta'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 Augusta, in the orderly preparation of the detailed construction plans, specifications, and contracts. Upon receipt of 1 Augusta's written approval of the manner of the project plan, presentation and methods of plan preparation, the Consultant shall proceed with implementation of the project. TERM The term of this Agreement shall commence on January 1, 2012 and terminate on December 31, 2017 (the "Initial Term ") unless this Agreement is terminated earlier by Augusta as herein provided. This Agreement may be renewed for two (2) or more successive two (2) year terms (the "Renewal Terms ") upon mutual agreement of the parties at the rates contained herein (as may be adjusted as provided herein) no less than sixty (60) days prior to the expiration of the Initial Term or the then current Renewal Term. CONTINUATION OF SERVICE If Augusta does not exercise its right to renew this Agreement or if there are no renewal options remaining, Augusta will attempt to award a new agreement at least three (3) months prior to the expiration of this Contract. In the event a new agreement has not been awarded within such time frame, Contractor shall provide services to Augusta on a month -to -month basis after the expiration of this Agreement, at the then established rates, if Augusta requests this service with at least thirty (30) days notice to the Consultant. TERMINATION TRANSITION Prior to the termination of this Agreement, Consultant shall work with Augusta to ensure that there is no interruption or reduction of service when the Consultant ends its services to Augusta. If a new contract is awarded to another firm other than the Consultant, the Consultant shall coordinate and cooperate with the newly selected firm, as well as Augusta, to minimize any disruptions in the services provided. RIGHT TO ENTER The Consultant shall notify all property owners or occupants of the intent to enter properties for the purpose of accomplishing surveys or other field investigations in accordance with the practices of Augusta. The Consultant shall discuss with and receive approval from the Environmental Services Department prior to sending said notices of intent to enter private property. Upon request by the Consultant, Augusta will provide the necessary documents identifying the Consultant as being an authorized consultant of Augusta for the purpose described in the Agreement. If the property owner or occupant denies the Consultant permission to enter, such incident will be reported to Augusta and Augusta will initiate such action as is dictated by current policy and procedure. DIRECTOR OF ENVIRONMENTAL SERVICES The Director of Environmental Services ( "Director ") or duly appointed representative(s) shall act as the liaison between the Consultant and Augusta and all utilities, and authorities or governments whose properties will be affected. All correspondence, data, information, and 2 reports shall be directed to the Director who will provide proper distribution to the parties concerned. The Consultant shall meet with Augusta for review of the work or submit in writing, a project status update on a monthly basis or as determined by Augusta. CONSULTANT COORDINATION The Consultant shall cooperate fully with Federal and State officials, consultants on adjacent projects, municipalities and local government officials, utility companies, railroads, and others, as may be directed by Augusta. Such cooperation shall include attendance at meetings, discussions, and hearings, as may be requested by Augusta, furnishing plans and other data produced in the course of work on the Project, as may be requested from time to time by Augusta to effect such cooperation and compliance with all directives issued by Augusta 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 Augusta. ACCURACY OF WORK The Consultant shall be responsible for the accuracy of the work and shall promptly correct any material errors and omissions without additional compensation. Acceptance of the work by Augusta will not relieve the Consultant of the responsibility for subsequent correction of material 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 Augusta for the purpose of interpreting the information obtained and to correct material errors or omissions made by it. The Consultant shall prepare any plans or data required by Augusta 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 Augusta may at any time as the need arises, order changes within the scope of the work, and /or order in writing a temporary stopping of the work, without invalidating the Agreement. If such changes increase or decrease the amount due under the Agreement or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. Augusta reserves the right to make at any time such alterations in the character of the work as Augusta may consider necessary or desirable to complete the proposed work in a satisfactory manner and consistent with the intent of this Agreement. Notice of every such alteration or 3 change shall be given in writing to the Consultant by Augusta, and no such alteration or change shall be considered as constituting a waiver of any of the provisions of this Agreement 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 this Agreement, the total amount payable under the Contract will be accordingly modified. If alterations or changes are thus made, the Agreement time will be correspondingly modified, if the Consultant so requests, and is mutually agreed upon by Augusta, 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 Augusta arising out of the modification of the Specifications or Drawings made or approved by Augusta. 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 Augusta 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 Augusta request, submit a proposal indicating man hours and costs to Augusta for approval. The Consultant shall not begin on any task until Augusta issues written authorization to proceed. DELIVERY OF NOTICES All written notices, demands, and other papers or documents to be delivered to Augusta, under this Agreement, shall be delivered to Augusta's office, 4330 Deans Bridge Rd, Blythe, Georgia 30805, Attention: Director of Environmental Services, 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 Augusta. SUPERVISION AND CONTROL The Consultant shall perform the services required to accomplish the work plan as stated above under such control and supervision by Augusta as Augusta may deem appropriate. Augusta may, at reasonable times, inspect the part of the plant, place of business, or work site of the Consultant or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta. 4 COVENANT AGAINST CONTINGENT FEES The Consultant shall comply with the relevant requirements of all Federal, State, County, or local laws. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Augusta shall have the right to annul this Agreement without liability, or, at its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage. brokerage fee, gift, or contingent fee. EMPLOYMENT OF AUGUSTA'S PERSONNEL The Consultant shall not employ any person or persons in the employ of Augusta for any work required by the terms of this Agreement, without the written permission of Augusta except as may otherwise be provided for herein. REVIEW OF WORK Authorized representatives of Augusta may at all reasonable times review and inspect the project activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computations prepared by or for the Consultant, of its professional obligation to correct, at its expense, any of its errors in work. The Environmental Services 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 Augusta's request in this regard. Augusta's review recommendations shall he incorporated into the plans by the Consultant. Augusta may collect statistical data relating from Consultant and /or Consultant's business and subcontractors and Consultant expressly agrees to provide such information. INSURANCE Prior to beginning work, the Consultant shall obtain and furnish certificates to Augusta for the following minimum amounts of insurance: A. Workmen's Compensation Insurance in accordance with the laws of the State of Georgia The amount shall not be less than One Million ($1,000,000.00) Dollars per accident. B. General Liability Insurance in an amount of not less One Million ($1,000,000.00) Dollars per occurrence. C, Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the project. D. Comprehensive Automobile Liability Insurance including operation of owned, non - owned and hired automobiles, covering bodily injury and /or property damage with limits 5 of One Million ($1,000,000.00) Dollars per accident. E. Professional Liability Insurance in an amount of not less than One Million ($1,000,000.00) Dollars or if required, an amount that correlates to the amount of this agreement and nature of this project. F. The Consultant shall procure and maintain, at his own expense, during the life of the Agreement, 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 Agreement at the site of the project is not protected under Workman's Compensation statute, the Consultant shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. G. Each insurance policy shall be renewed at least ten days before the expiration date thereof. H. Insurance policies must be carried by a recognized insurance company licensed to do business in the state in which the project is constructed and approved by Augusta's General Counsel or other designated legal representative. I. The Consultant shall not commence work under this Contract until he has obtained all of the insurance required and such insurance has been approved by Augusta, nor shall the Consultant allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. In the event any insurance coverage should be cancelled or allowed to lapse, the Consultant will not be permitted to work until adequate and satisfactory insurance is in effect. Failure to keep insurance policies in effect WILL NOT be cause for any claims for extension of time under this Contract. J. The Consultant shall furnish a certificate of insurance indicating that the Consultant has coverage in accordance with the requirements herein set forth to the Environmental Services Department within thirty (30) days from the execution of the Contract. Consultant agrees that Augusta will make no payments pursuant to the terms of the Contract until all required proof or evidence of insurance has been provided to the Augusta, Georgia representative. Consultant agrees that the insurer shall waive its rights of subrogation, if any, against Augusta. These shall be completed by the authorized Resident Agent and returned to the Environmental Services Department. This certificate shall be dated and show: (1) The name of the insured Consultant, the specified job by name, name of the insurer, the number of the policy, its effective date and its termination date. (2) Statement that the Insurer will mail notice to Augusta at least thirty (30) days prior to any material changes in provisions or cancellation of the policy. 6 LIQUIDATED DAMAGES Due to the special nature of this licensing agreement and the other remedies provided in this agreement, the parties agree that liquidated damages are not applicable. RESPONSIBILITY FOR CLAIMS AND LIABILITY AND INDEMNIFICATION The Consultant shall defend, indemnify and save harmless Augusta and Augusta's officers, employees and agents from any and every claim and risk, and from all losses, damages, demands, suits, judgments and attorney fees, and other expenses of any kind (collectively "losses ") arising out of this Contract or the performance thereof; including any personal injury, or death of any and all persons (including but not limited to the Consultant, its agents, employees, subcontractor and their successors and assignees, as well as Augusta or Augusta's agents and all third parties); and including any property damage of any kind, whether tangible or intangible, including loss of use resulting there from, in connection with or related to the negligent or willful act(s) or omissions of the Consultant or its subcontractor while performing work under this Contract, or in connection with or related to (in whole or in part by reason of) the presence of the Consultant or its subcontractor or their property, employees or agents, upon or in proximity to the property of Augusta or any other property (upon which the Consultant is performing any work called for. The Consultant will indemnify and save Augusta or Augusta's agents harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, and mechanics, material men, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the work. The Consultant shall, at Augusta'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 Augusta may, after having notified the Consultant, either pay unpaid bills o 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 Agreement, but in no event shall the provisions of this sentence be construed to impose any obligations upon Augusta to either the Consultant, his Surety, or any third party. In paying any unpaid bills of the Consultant, any payment so made by Augusta shall be considered as a payment made under the Agreement by Augusta to the Consultant and Augusta shall not be liable to the Consultant for any such payments made in good faith. SAFETY The Consultant shall take the necessary precautions and bear the sole responsibility for the safety of the methods employed in performing the work. The Consultant shall at all times comply with the regulations set forth by federal, state, and local laws, rules, and regulations concerning "OSHA" and all applicable state labor laws, regulations, and standards. The Consultant shall indemnify and hold harmless Augusta from and against all liabilities, suits, damages, costs, and expenses (including attorney's fees and court costs) which may be imposed on Augusta because of the Consultant, sub - contractor, or supplier's failure to comply with the 7 regulations. COMPENSATION Augusta shall compensate the Consultant for services, which have been authorized by Augusta under the terms of this Agreement. The Consultant may submit to Augusta a monthly invoice, in a form acceptable to Augusta and accompanied by all support documentation requested by Augusta, for payment for the services, which were completed during the billing period. Augusta shall review for approval said invoices. Augusta 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 Augusta, are unreasonably in excess of the actual stage of completion of each phase. Augusta 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 Augusta of the services covered by such invoice. Augusta shall pay any undisputed items contained in such invoices. Each invoice shall be accompanied by a progress report describing the total work - accomplished for each phase and any problems, which have been, encountered which may inhibit execution of the work. The Consultant shall also submit an accurate updated schedule, and an itemized description of the percentage of total work completed for each phase during the billing period. 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 this Agreement. A partial payment will not be made when, in the judgment of Augusta, the work is not proceeding in accordance with any of the provisions of this Agreement. To the extent that the pricing provided by CONTRACTOR is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. The terms of this Agreement supersedes any and all provisions of the Georgia Prompt Pay Act. ANNUAL RATE ADJUSTMENT The Consultant may be entitled to adjust the contracted billing rates annually. The Employment Cost Index (Not Seasonally Adjusted) for total compensation for civilian workers as published by the United States Department of Labor, Bureau of Labor Statistics ( "BLS "), or its successor shall be used as part of the calculation to determine the annual rate adjustment. If BLS designates an index with a new title or code number or table number as being the continuation of the index cited above, the new index will be used, or if no new index is designated, the most nearly compatible index shall be used. 8 The annual rate adjustment will be determined based on the reported percent change from the BLS of the most recent 12 -month available data as well as other mutually agreeable applicable factors, with an implementation of any adjustment being made on January 1 and every January 1 thereafter with the first adjustment starting in January of 2013. Should the referenced index and /or other applicable factors show a decrease, Augusta will be entitled to a reduced cost up to the allowable limits as defined hereinafter. In any event, the adjustment will be limited to a maximum increase or decrease of four percent (4 %) annually. RIGHT TO REQUIRE PERFORMANCE The failure of Augusta at any time to require performance by the Consultant of any provision hereof shall in no way affect the right of Augusta thereafter to enforce same. Nor shall waiver by Augusta of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. In the event of failure of the Consultant to deliver services in accordance with the contract terms and conditions, Augusta, after due written notice, may procure the services from other sources and hold the Consultant responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that Augusta may have. SPECIFIED EXCUSES FOR DELAY OR NON - PERFORMANCE Consultant is not responsible for delay in performance caused by hurricanes, tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the agreement price and schedule shall be equitably adjusted. ASSIGNMENT Except as specifically authorized in this Agreement, the Consultant shall not assign, transfer, convey, sublet, or otherwise dispose of any work or of any of its rights, title, or interests therein, without the prior written consent of Augusta. CONTRACT DISPUTES This Agreement shall be deemed to have been executed in Augusta, 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 Augusta and the Consultant arising out of or relating to the Agreement, or the breach thereof shall be decided in the Superior Court of Richmond County, Georgia. The Consultant, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 9 CONTRACT TERMINATION Pursuant to O.C.G.A. § 36- 60 -13, this Agreement shall terminate absolutely and without further obligation on the part of Augusta 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 Augusta 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 Augusta. This Agreement shall obligate Augusta solely for those sums payable during the initial term of execution or in the event of renewal by Augusta 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 Augusta for such terms or renewal terms as are effective pursuant to this Agreement and for which Augusta agrees to pay in accordance with the terms of the Agreement or any future amendments thereto. Augusta may terminate this Contract in part or in whole for its convenience upon written notice to the Consultant. Failure of the Consultant, which has not been remedied or waived, to perform or otherwise comply with a material condition of the Agreement shall constitute default. Augusta, Georgia may terminate this contract is part or in whole upon written notice to the Consultant pursuant to this term. The Consultant shall be paid for any validated services under this Contract up to the time of termination. SEPARATE CONTRACTS Augusta 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 Director any defects in such work that render it unsuitable for such proper execution and results. Augusta may perform additional work related to the Project or may let other contracts containing provisions similar to these. The Consultant will afford the other consultants who are parties to such contracts (or Augusta, if Augusta is performing the additional work), reasonable opportunity for the execution of the work and shall properly connect and coordinate his work with theirs. If the performance of additional work by other contractors /consultants or Augusta is not noted in the Agreement prior to the execution of the Agreement, 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 Augusta or others involves him in additional expense or 10 entitles him to an extension of the contract time, he may make a claim therefore as provided in Sections "Change in the Work ". PERSONNEL The Consultant represents that it has secured all personnel necessary to complete this agreement, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under law to perform such services. No changes or substitutions shall be permitted in the Consultant's key personnel as set forth herein without the prior written approval of the Director of Environmental Services or his designee. The Consultant shall employ in responsible charge of supervision and design of the work only persons duly registered in the appropriate category; and further shall employ only qualified surveyors in responsible charge of any survey work. The Consultant shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration being in the full employ of the Consultant and responsible for the work prescribed by this agreement. ELECTRONIC DOCUMENTS The Consultant shall submit electronic files of all project related documentation including the design calculation data files to Augusta in a format acceptable to Augusta. 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 Agreement 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 Agreement price(s) for the work. CONFIDENTIALITY Except as required by the Georgia Open Records Act, the Consultant agrees that its conclusions and any reports are for the confidential information of Augusta and that it will not disclose its documentation to Augusta, 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 Augusta and be delivered to the Director of Environmental Services. 11 Except as required by the Georgia Open Records Act, articles, papers, bulletins, reports, or other materials reporting the plans, progress, analysis, or results and findings of the work conducted under this agreement shall not be presented publicly or published without prior approval writing of Augusta. It is further agreed that if any information (not subject to disclosure under the Georgia Open Records Act) concerning the project, its conduct, results, or data gathered or processed should be released by the Consultant without prior approval from Augusta, 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 Augusta 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. LOCAL SMALL BUSINESS In accordance with Chapter 1OB of the Augusta, GA. Code, Contractor expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with Augusta, GA. Code § 1- 10- 129(d)(7), for all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Contractor shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and /or collecting liquidated damages. E- VERIFY All consultants, contractors, and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All consultants, contractors, and subcontractors must provide their E -Verb number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13 -10 -91 and shall continue to use the federal authorization program throughout the contract term. All consultants and contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical 12 performance of services pursuant to its contract with Augusta, Georgia the consultant or contractor will secure from such subcontractor(s) each subcontractor's E- Verify number as evidence of verification of compliance with O.C.G.A. § 13 -10 -91 on the subcontractor affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. All consultants and contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. "Consultant acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Consultant is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Consultant's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Consultant may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Consultant agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Consultant provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Consultant Consultant assumes all risk of non - payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." [SIGNATURES ON FOLLOWING PAGE] 13 IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below. Executed on behalf of Consultant. AUGUSTA: Au us Geor is 4 • • •.- ' Date: ayor CONSULTANT: 14 Approved Date: [ATTACHED CORPORAT SEAL] ATTES If /' The Basis of Payments for the services furnished by the CONSULTANT under this Agreement shall be those necessary to perform the work, and provide the associated deliverables, as outlined below. SCHEDULE OF FEES Note: Schedule of fees shall be in a separate sealed envelope from the technical Proposals. Failure to adhere to this may cause rejection of your proposal. Service Level (include OH &P) Professional Registered Engineer $ 125 Professional Registered Geologist $ 125 Project Manager $ 140 Project Engineer $ 99 Project Planner $ 99 Project Geologist $ 99 Environmental Compliance Manager $ 125 Environmental Compliance Technician $ 83 Construction Manager $ 97 CQA Project Manager $ 83 CQA Resident Project Representative $ 83 CQA Senior Site Monitor $ 67 CQA Site Monitor $ 52 Designer $ 67 Draftsman /CADD $ 52 Registered Land Surveyor $ 105 Two -Man Survey Crew $ 150 Admin. /Clerical $ 51 15 Other' - Principal $ 170 Markup on other reimbursable expenses and subconsultants % 5% 'Other (Include additional labor categories as needed) 2 A11 other direct project expenses and professional services are reimbursable at Cost 3 Hourly rates shall include overhead, profit, and applicable direct personnel expenses 'Hourly rates for on -site personnel shall include vehicle charges, mileage and all travel related expenses 5 Equipment rental for environmental services (testing, CQA, and environmental) to be included in the hourly rates. 16 Section 1.0 Introduction and Background GENERAL SCOPE OF SERVICES Augusta, Georgia currently owns approximately 1,177 acres southwest of Augusta, Georgia, which is the site of the existing Deans Bridge Road MSW Landfill. The landfill currently accepts 1000 to 1500 tons per day of municipal solid waste from private collection vehicles. Active and closed sections of the landfill comprise approximately 175 acres of the total property. Some additional acreage contains ancillary facilities such as office and maintenance buildings, customer drop off area, sediment ponds, roads, and leachate holding facilities. The Augusta Department of Environmental Services is responsible for the facilities at the landfill, solid waste management planning for the City and all residential solid waste collections. Additionally, the department is responsible for the Augusta Brownfield program and other environmental compliance issues. These include indoor air qu underground storage tank, environmental site assessments, asbestos management, and lead paint abatement for Augusta owned facilities. Augusta, Georgia is seeking proposals from qualified professional environmental consulting firms with experience in performing landfill site acceptability studies, landfill design services, and landfill environmental compliance activities in the State of Georgia. These services shall be performed in accordance with Circular 14 published by the EPD, Georgia Geologic Survey and with Chapter 391 -3 -4 of the EPD Rules as well as the latest revision of the Georgia Solid Waste Management Act; EPD approved D &O plans and other applicable federal, state, and local rules and regulations. Section 1.1 Project Schedule An appropriate project schedule will be prepared for each task requested of the Consultant. Section 1.2 Services As needed, Augusta will issue a request for services to the Consultant. Subsequently, the Consultant shall prepare a detailed scope of services to include, but not limited to, the following information. 1. Description of the project; 2. Outline of services to be provided 3. Detailed task identifying specific project task and /or work schedule 4. Level of effort man -hours needed to complete the project 5. Project cost to include man hours, equipment, supplies or other resources The services to be furnished by the Consultant under this agreement shall be those as identified below on an "as needed" basis for professional engineering services, construction management and quality assurance services, environmental testing services, special services, other municipal solid waste services, and other services requested: 17 Group I - Engineering Services • Obtain Major and /or Minor modifications to the existing Solid Waste Permits. • Preparation of Construction Drawings, contract documents and specifications for landfill closure and cell construction projects. • Planning and project evaluation services for proposed facility improvements • Studies, reports and audits for compliance with federal, state, and local regulations. • Obtain any locally required permits (land disturbance permits, retaining wall permits, etc) • Erosion control planning, design, permitting and compliance • Contract document preparation, bidding assistance and construction administration services. • Air permitting and landfill gas system design • Solid waste facilities design and engineering • Preliminary engineering and surveying, feasibility analysis and contract documentation preparation • Archaeological assessments /investigations • Alternate composite liner evaluation and associated design changes • Assistance with organization and documentation of the permit operating record • Other engineering activities Group II - Construction Management & Quality Assurance Services • Clay resource exploration • Construction management • Construction quality assurance • Construction materials testing and reporting • Coordination of Georgia Environmental Protection Division (GAEPD) Inspections and Preparation of Responses to GAEPD Inspection Comments • Construction of Quality Assurance Documents Preparation (as required by Georgia Environmental Protection Division) and Submittal to GAEPD. • Other construction management activities. Group III - Environmental & Testing Services* • Environmental testing and reporting to EPD • Assistance with various regulatory agencies • Environmental site assessments (Phase 1 and 2) • Brownfield assistance • Underground storage tank permitting assistance • Asbestos abatement permitting • Indoor air quality assessments • Lead paint assessments • Environmental planning • Facility compliance audits • Various permitting related to wetlands, air, and waste water 18 • Assessment monitoring plans • Corrective measures assessments • Groundwater sampling and testing • Potentiometric surface map preparations • Statistical data evaluation and trend analysis reports • Surface water sampling and testing • Monthly methane monitoring, surface scans and cover evaluations • Stormwater sampling and testing as required by the facility's GA Stormwater Permits — Construction Permit and Industrial Permit • Routine landfill gas flare inspections, operation and maintenance • Landfill gas system operation, maintenance, and trouble - shooting, and other applicable services • Leachate sampling and testing • Other compliance sampling and testing (as requested by Augusta) • Other environmental compliance activities * Equipment rental for environmental services (testing, CQA, and environmental) to be included in the hourly rates. Group IV - Special Services • Land surveying services • Drilling and well installation services • Preparation of the formal reports • Solid waste planning services • Grant writing services • Landfill operations training and assistance Section 1.3 Required Technology and Equipment • The Consultant must have a Smart Board (or approved equal) at their office for plan review and remote project collaboration. • The Consultant must have a Go To Meeting (or approved equal) account accessible as needed to communicate with Augusta. • The Consultant must have the ability to video conference on a system compatible with Augusta's system. • The Consultant must supply a site dedicated all terrain vehicle such as Polaris Ranger XP or approved equivalent. • The Consultant must supply the site engineer a Ford F150 crew cab, 4x4, XLT or approved equivalent. It will be new at the start of the Contract and shall not exceed 5 years in age over the life of the Contract. Section 1.4 Minimum Qualification Requirements 1. Have no deficiencies or unsatisfactory performance on any past Augusta, Georgia contract(s). 2. The Proposer must possess the knowledge and experience necessary to 19 successfully perform the work described in the RFP at the time the RFP is issued. The Proposer must have the resources to perform the work. 3. The Proposer must have a minimum of five (5) examples of successful projects of similar scope. Specifically, these should be projects in which the consultant provided landfill engineering, environmental and construction management services for a Subtitle D landfill in Georgia within the last five (5) years. A successful project is of similar nature and scope performed by individuals listed on the Proposer's team. 4. The Proposer must have multiple individuals on staff who are Professional Engineers registered in Georgia, and at least one of which, has been registered for a minimum of ten (10) years. The Professional Engineer must also have sealed design drawings and specifications and provided construction certification on at least five landfill projects in the state of Georgia. 5. The Proposer must have multiple individuals on staff who are Professional Geologists registered in Georgia, at least one of which has been registered for a minimum of ten (10) years and has sealed the following reports in Georgia: Assessments of Corrective Measures, Corrective Action Plans, groundwater monitoring reports, and site acceptability reports. 6. The Proposer's CQA Project manager must have at least ten (10) years of experience with MSW landfill projects in Georgia. This experience should include at least five (5) projects in the last five years. 7. Proposer must have multiple individuals on staff serving as Senior Site CQA Monitor who have a minimum of ten (10) years of experience in providing construction quality assurance services for MSW landfill projects. The senior site CQA monitor shall have personally completed at least five (5) landfill projects within the last five years in the state of Georgia. Additionally, this person shall have served as lead geosynthetics monitor for at least 3,500,000 square feet of geomembrane installation in the last five (5) years. 8. The Proposer must have multiple individuals on staff with a minimum of five (5) years of experience in performing environmental assessments, underground storage tank removals, and indoor air quality investigations. 9. The Proposer must have established relationships with the Solid Waste Management Program of the Georgia Environmental Protection Division. 10. The Proposer shall have adequate equipment to do the work properly and expeditiously. 11. The Proposer must have at least one individual on staff that is a Certified Landfill Operator in Georgia. 12. The Proposer's lead project manager must be located in an office that is within a three hour drive of the Deans Bridge Road MSW Landfill. 20